Advance Parole travel while on greencard?

[jamisteven 4]

Hey All - my wife and I have now been married for 2 years and live in the states. Her 2 year Visa is now up and we received the letter in the mail that we need to start with the i-751. Only problem is we planned on moving back to her country (Switzerland) for a year, possibly more, at the end of 2018.

 

Everyone is saying to wait, apply for the 10 year / 751, and then apply for the advance parole while the 751 is processing as it can take years. We arent really sure what to do with this though, has anyone else been in this scenario? It seems its perfectly fine to travel internationally IF you have the AP already, but is it even worth it for us to go this route or just abandon the Visa process altogether and deal with it if/when we decide to return? 

 

Searched around but didnt see much for this kind of thing, thanks in advance.  

[Andrea&Henry 311]

18 minutes ago, jamisteven said:

Hey All - my wife and I have now been married for 2 years and live in the states. Her 2 year Visa is now up and we received the letter in the mail that we need to start with the i-751. Only problem is we planned on moving back to her country (Switzerland) for a year, possibly more, at the end of 2018.

 

Everyone is saying to wait, apply for the 10 year / 751, and then apply for the advance parole while the 751 is processing as it can take years. We arent really sure what to do with this though, has anyone else been in this scenario? It seems its perfectly fine to travel internationally IF you have the AP already, but is it even worth it for us to go this route or just abandon the Visa process altogether and deal with it if/when we decide to return? 

 

Searched around but didnt see much for this kind of thing, thanks in advance.  

ok Im confused,

 

when you mean her 2 years visa is about to expire you mean her 2 years GREEN CARD? is important to provide accurate information because if she actually has a certan type of visa, whatever I have to say wont help.

 

But I'll assume you are talking about her conditional green card as you mentioned the removal of condition. Is important for you to know the your wife can leave the States whenever she wants, the AP is a REENTRY permit, so she doesn't need it to leave the states but she surely will need it to reentry.

 

The thing is that:

 

1.- The removal of condition is taking more than 1 year and the AP last also 1 year, I've seen that in many cases people get their AP expired before the 10 years green card arrived.

2.- Once it actually arrived how will you get it if both are abroad? I dont think the USCIS will send it abroad

3.- iF you are planning to leave for more than year, that will hurt your wive residency as they have laws that states a LPR shouldn't be outside the States for more than 6 months or she will risk to lose her greencard. I think you need to have a really good reason.

4.- If you are planning to leave abroad for quite a while, just drop the case and just move. You can always file for a spouse visa once you guys a ready to fully reside in the States

 

 

[SusieQQQ 11,587]

On 2/21/2018 at 8:54 PM, jamisteven said:

Hey All - my wife and I have now been married for 2 years and live in the states. Her 2 year Visa is now up and we received the letter in the mail that we need to start with the i-751. Only problem is we planned on moving back to her country (Switzerland) for a year, possibly more, at the end of 2018.

 

Everyone is saying to wait, apply for the 10 year / 751, and then apply for the advance parole while the 751 is processing as it can take years. We arent really sure what to do with this though, has anyone else been in this scenario? It seems its perfectly fine to travel internationally IF you have the AP already, but is it even worth it for us to go this route or just abandon the Visa process altogether and deal with it if/when we decide to return? 

 

Searched around but didnt see much for this kind of thing, thanks in advance.  

The “if/when” bit makes it sound like you plan to move indefinitely. The thing is, even if you remove conditions from her 2-year GC, she’s still subject to normal green card conditions in terms of residency requirements after that, so if you guys move to Switzerland for a year without a re-entry permit, or for more than 2 years, she will be deemed to have abandoned her green card anyway. So it seems to make the most sense to just abandon now and reapply later, as that may be the route you’d need to go anyway if you stay out long enough.

[jamisteven 4]

On 2/23/2018 at 10:31 PM, SusieQQQ said:

The “if/when” bit makes it sound like you plan to move indefinitely. The thing is, even if you remove conditions from her 2-year GC, she’s still subject to normal green card conditions in terms of residency requirements after that, so if you guys move to Switzerland for a year without a re-entry permit, or for more than 2 years, she will be deemed to have abandoned her green card anyway. So it seems to make the most sense to just abandon now and reapply later, as that may be the route you’d need to go anyway if you stay out long enough.

Thats not entirely true, we can apply for a re-entry permit while the greencard is in processing which is valid for 2 years after the issue date. 

[jamisteven 4]

Thanks all, the point of this for us is basically to ensure the following: 

1. We dont have to start from scratch IF we decide to come back

2. She doesnt need to wait 6 months again for a work permit upon re-entry, again if we decide to come back.

[SusieQQQ 11,587]

1 hour ago, jamisteven said:

Thats not entirely true, we can apply for a re-entry permit while the greencard is in processing which is valid for 2 years after the issue date. 

Yes, if you read my post properly- the one you responded to - it does actually mention that. So to repeat what I said, longer than a year, or 2 with a REP, and the green card is abandoned. You don’t seem to have firm plans judging by your “if/when” comment so you should keep that in mind. I based my answer on what you posted. 

Assuming you’re not in a big rush to leave so you can wait for REP processing. 

 

On 2/21/2018 at 8:54 PM, jamisteven said:

deal with it if/when we decide to return?