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Help: Green Card holder moving abroad for 2-3 years?

By dunebuggy in Working & Traveling During US Immigration

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dunebuggy Explorer

dunebuggy   18

Posted
Filed: Lift. Cond. (apr) Country: Spain
 Timeline
Posted

Hi, I am a USC and my wife is a Green Card holder since Aug 2017. Her 2 year GC expires August 2019. I received a great job offer in the Middle East and we are strongly considering moving (with a baby). It would be a 2-3 year position before moving back to USA. We would travel to USA every 4-5 months. She would be working part time in addition to taking care of the baby. It would be nice to avoid abandoning the GC if possible!

 

Some questions:

  1. If we apply for a I-131, how much time does this buy us? Any tips for filing it out?
  2. When we file for her foreign income on our 2018 taxes, how does that affect her permanent resident standing?
  3. Any other considerations to improve chances of maintaining the GC?

 

Basically, I'm wondering if it feasible to maintain the GC or will we be forced to start again from scratch in 2-3 years when we move back to USA….? Thanks for all your help!

Click to expand I-751 ROC Timeline

Spoiler

I-751 ROC application

May 13, 2019: Opening of 90 day window to send application

May 25, 2019: [Day 0] Sent I-751 package to Phoenix via USPS Priority

May 31, 2019: [Day 6] NOA1 received (18 mo extension) & check cashed

June 09, 2019: [Day 15]  Biometrics Waived Letter Received, service center "NBC", text reading "This notice informs you that USCIS is able to reuse your previously captured fingerprints and other biometrics. USCIS will run the same security checks and use your biometric data as in the past, however, it is not necessary for you to appear at a USCIS Application Support Center (ASC) for biometrics appointment."

Sept 13, 2019:  Notice that I-751 was transferred to another office "That office now has jurisdiction over your case" 

Apr 7, 2020:  Notice that I-751 was transferred to another office "That office now has jurisdiction over your case" 

Mar 5, 2021:  Interview scheduled for April 16, 2021.

Apr 16, 2021:  Interview in Portland, OR. Refused entry to USCIS office due to have traveled abroad in the past 10 days. No interview. However, a few hours after refusal, received notice of approval and card produced!  

Apr 20, 2021:  Card mailed! "On April 20, 2021, we mailed your new card for your Form I751, PETITION TO REMOVE CONDITIONS ON RESIDENCE"

 

Click to expand AOS Timeline / I-131 Reentry Permit Timeline

Spoiler

I-131 Reentry Permit Timeline

Mar 6, 2018: [Day -2] Sent I-131 package to Dallas Lockbox via USPS Priority

Mar 8, 2018: [Day 0] Package received at Dallas Lockbox

Mar 12, 2018: [Day 4] Credit card charged application fee

Mar 13, 2018: [Day 5] Text received confirming receipt

Mar 23, 2018: [Day 15] ASC Appointment Notice for biometrics appointment on Apr 11

Apr 18, 2018: [Day 41] Missed Apr 11 appt (on vacation), walked in Manhattan office with no appt, completed biometrics no problem

Jun 29, 2018: [Day 112] Received I-327 Travel Document / Reentry Permit (REP)

----------------------------

 

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aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

not possible

 

the GC is for living in the US, so she will have to give up her GC and file for her again when you decide to permanently live in the US if you decide to take the job abroad

 

 

 

 

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SusieQQQ Grand Master

SusieQQQ   11,586

Posted
Filed: Citizen (apr) Timeline
Posted (edited)

Respectfully disagree with aleful

you can get a reentry permit for 2 years, and renew it once for another 2 years (and after that just once more for 1 year)... so this only works if you are going for a defined period less than 5 years 

Every time she applies for a reentry permit she needs to be physically in the US when she applies and for the biometrics appointment (may take a few weeks/months to get depending on FO)

a green card holder is required to declare all income no matter where earned on tax return to

IRS. Not filing taxes or declaring income is a good way to lose a green card... plenty green card holders file declaring foreign earned income, that by itself is not a problem 

seems to me your biggest issue might be the logistics re when she needs to be physically in the US for reentry permit application and renewal.

*****All that said..I don’t know the process/requirements for removal of conditions on conditional GC so there may be a complication to the scenario above that I’m not aware of, seeing as this is due to happen while you are abroad ****

 

You can get some info here, look particularly at the section on abandoning permanent residence

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

 

 

 

Edited by SusieQQQ
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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

I'll also note that a re-entry permit for a conditional permanent resident will only be valid up through the expiration of the 2 year green card. And ROC needs to be filed, obviously (and interviewed for in the US).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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ShanghaiSurfer Enthusiast

ShanghaiSurfer   135

Posted
Filed: Lift. Cond. (pnd) Country: China
 Timeline
Posted (edited)
1 hour ago, SusieQQQ said:

you can get a reentry permit for 2 years, and renew it once for another 2 years (and after that just once more for 1 year)... so this only works if you are going for a defined period less than 5 years 

 

You can get some info here, look particularly at the section on abandoning permanent residence

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

 

 

 

This is very useful to know. Thank you. Not my thread but I was also concerned about this issue.

 

Had an example where I took an assignment in Thailand. Was there for only a few months before the military took over in a coup which caused this company to cease my business unit. I was afraid my wife and I would have to be separated for a year since I didn’t know you could keep your green card for 5 years overseas if you do what you suggested.

 

Thought it would be unfair to penalize through no fault of your own. Great news!

Edited by ShanghaiSurfer

April 22, 2020 - I-751 sent

April 23, 2020 - I-751 received at Lockbox 

April 29, 2020 - Check cashed
??? - didn’t receive text or email confirmation. Ugh!
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dunebuggy Explorer

dunebuggy   18

Posted
Filed: Lift. Cond. (apr) Country: Spain
 Timeline
  • Author
Posted
3 hours ago, SusieQQQ said:

you can get a reentry permit for 2 years, and renew it once for another 2 years (and after that just once more for 1 year)... so this only works if you are going for a defined period less than 5 years 

 

You can get some info here, look particularly at the section on abandoning permanent residence

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

 

 

 

Thanks Susie! I found the two points quoted above very useful. Sending in I-131 reentry form today :) 

Click to expand I-751 ROC Timeline

Spoiler

I-751 ROC application

May 13, 2019: Opening of 90 day window to send application

May 25, 2019: [Day 0] Sent I-751 package to Phoenix via USPS Priority

May 31, 2019: [Day 6] NOA1 received (18 mo extension) & check cashed

June 09, 2019: [Day 15]  Biometrics Waived Letter Received, service center "NBC", text reading "This notice informs you that USCIS is able to reuse your previously captured fingerprints and other biometrics. USCIS will run the same security checks and use your biometric data as in the past, however, it is not necessary for you to appear at a USCIS Application Support Center (ASC) for biometrics appointment."

Sept 13, 2019:  Notice that I-751 was transferred to another office "That office now has jurisdiction over your case" 

Apr 7, 2020:  Notice that I-751 was transferred to another office "That office now has jurisdiction over your case" 

Mar 5, 2021:  Interview scheduled for April 16, 2021.

Apr 16, 2021:  Interview in Portland, OR. Refused entry to USCIS office due to have traveled abroad in the past 10 days. No interview. However, a few hours after refusal, received notice of approval and card produced!  

Apr 20, 2021:  Card mailed! "On April 20, 2021, we mailed your new card for your Form I751, PETITION TO REMOVE CONDITIONS ON RESIDENCE"

 

Click to expand AOS Timeline / I-131 Reentry Permit Timeline

Spoiler

I-131 Reentry Permit Timeline

Mar 6, 2018: [Day -2] Sent I-131 package to Dallas Lockbox via USPS Priority

Mar 8, 2018: [Day 0] Package received at Dallas Lockbox

Mar 12, 2018: [Day 4] Credit card charged application fee

Mar 13, 2018: [Day 5] Text received confirming receipt

Mar 23, 2018: [Day 15] ASC Appointment Notice for biometrics appointment on Apr 11

Apr 18, 2018: [Day 41] Missed Apr 11 appt (on vacation), walked in Manhattan office with no appt, completed biometrics no problem

Jun 29, 2018: [Day 112] Received I-327 Travel Document / Reentry Permit (REP)

----------------------------

 

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SusieQQQ Grand Master

SusieQQQ   11,586

Posted
Filed: Citizen (apr) Timeline
Posted (edited)
On 3/6/2018 at 11:30 AM, dunebuggy said:

Thanks Susie! I found the two points quoted above very useful. Sending in I-131 reentry form today :) 

Ok, just one thing you need to bear in mind is that although a re-entry permit (helps) protect the green card, it doesn’t protect the continuous residence requirement for naturalization (unless military posting or certain other specified government jobs). Basically as long as you are away, for any period longer than 6 months, you will be putting back the eventual date your wife can naturalize.

Edited by SusieQQQ
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