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Filed: K-1 Visa Country: Japan
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Hi all!  Hoping some GC / I-751 experts can weigh in on a situation I am facing related to a conditional green card / removal of conditions.

 

Fact Pattern:

-Currently living in US with a 2-year conditional green card expiring May 2021.

-Husband currently works for a US financial services company and soon will be posted to a temporary international assignment for 3 years (Apr 2020 - Mar 2023).  Work contract stipulates a beginning and end date to the assignment and repatriation back to US office at end of term.  The employer documentation is clear this is non-permanent in nature. We plan to return and live in the US.

-We will have sufficient evidence *in my opinion* to demonstrate we've maintained ties to US. (Joint bank accounts/savings/credit cards in US will be maintained, will keep our car registered in US, intend to file joint US-tax returns, family [in-laws] still in US).  In-laws address will become our US mailing address (we've also lived there in the past and this address is tied to our bank accounts/tax filings).

-Plan to return to US 3-4 times per year to see family.  

 

What needs to be done / questions:

  1. Before moving overseas to accompany him in May 2020, I would need to file I-131 re-entry permit (likely would apply in Feb '20 to allow enough for biometrics before leaving US).  I understand the permit would only be valid as long as the conditional GC.  To mitigate risk of abandonment, ensuring I get the re-entry permit on record is a must, correct?
  2. In February 2021, would need to apply for I-751 removal of conditions.  This would extend the conditional green card validity an extra 18 months, through November 2022. 
    • Would I apply for I-751 using our US address as our "Mailing address", but overseas address as "Physical Address"?
    • Biggest thing I am unclear on is how likely this application would be approved vs. put on "overseas hold" by USCIS. 
      • We would be physically/financially able to return to US at any time for bio metrics or interview, if requested by USCIS.  Is this something to tell them in a cover letter, or wait if they issue RFE?
      • For the I-751 is it appropriate or relevant to attach evidence of ties to US / nature of "temporary" work assignment / intention to return to US? Or would this only be necessary if they issue RFE?
      • Evidence of a continuing bonafide marriage won't be an issue. 
  3. If I-751 is approved, I would need to physically return to US to apply for a new entry permit to cover my remaining term overseas through Mar 2023.

 

Please note naturalization is not part of any of my considerations.

 

I've only seen one (old) post on VJ detailing the options in question 2 (https://www.visajourney.com/forums/topic/218085-moving-overseas-while-on-conditional-green-card/page/2/comments?ct=1578413422)

 

Thanks for the help.

 

 

 

 
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