conditional GC & i-751 - spouse working overseas

[ilovethisprocess 5]

Note to admins - I originally posted this in the "working and travelling" forum, so apologies but figured this was a better location.

_____________________________

 

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.

[ilovethisprocess 5]

Moving to top to kindly request input. Thank you🙏

[klmnl2000 18]

On 1/7/2020 at 3:21 PM, ilovethisprocess said:

Note to admins - I originally posted this in the "working and travelling" forum, so apologies but figured this was a better location.

_____________________________

 

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.

Hello @ilovethisprocess!

 

1. Yes, you need to apply for the re-entry permit to mitigate risk of abandonment. Re-entry permit takes about 3-6 months to issue and is valid for one year. 

2. So, here is a thing. If your green card is expiring in May 2021 and you are moving overseas to accompany your husband, then you don't need to apply for the removal of conditions. You can apply straight for naturalization - N400 under 319 (b). It's all here https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4  You are most likely to get the citizenship within first 3-6 month after relocation. There are many on this forum who already completed the process. 

 

Also, you can apply for N400 under 319 (b) before your relocation. Also, you don't require to have any prior period of residence: "Spouses of U.S. citizens who are regularly stationed abroad under qualifying employment may be eligible to file for naturalization immediately after obtaining LPR status in the United States. Such spouses are not required to have any prior period of residence or specified period of physical presence within the United States in order to qualify for naturalization."

 

For the biometrics, you can either go back to the US or complete biometrics in any of the US overseas territory, whichever is closer to the country you're in and whichever is more convenient for you. There's no issue. 

 

You'll need the following documents when applying for N400 under 319 (b)

 

1. A photocopy of both sides of Permanent Residency Card of applicant
2. Payment made by credit card (don't know how much it is now)
3. 2 identical color photographs
4. Form N-400 Application for Naturalization completed online
5. Evidence that a spouse is a US citizen - a photocopy of current US passport/or birth certificate. I think you'll need some additional documents if your spouse got citizenship through naturalization.
6. A photocopy of a marriage certificate
7. Proof of termination of previous marriage (if applicable)
8. Affidavit of Applicant stating " intent to reside abroad with the U.S. citizen spouse abroad and take up residence in the United States upon termination of the qualifying employment abroad" (this is very important document and must be submitted)
9. Copy of birth certificate of applicant 
10. Translation of birth certificate of applicant (if not in English)
11. Evidence about spouse’s qualifying employment abroad document, which MUST include the following
    1. The employer’s name and nature of the employer’s business 
    2. The nature of the work your spouse is performing
    3. Documentation to establish that the company is owned in whole or in part by U.S. interests
    4. Documentation to establish that the company is engaged in whole or in part in the development of the foreign trade and U.S. commerce (financial services company qualifies)
    5. Spouse's travel order or a letter from the company on a letter head and signed by someone important, which includes applicant name as a spouse (MUST include your name stating that: X will be accompanied to the assignment by his spouse Y)
    6. Documentation to establish spouses employment abroad is scheduled to last for at least 1 year from the date you filed the Application for Naturalization (N-400)

 

Evidence of Continued Marriage

 

These can be (the more you have the better, but you don't have to have all of these)

13. Copies of apartment lease/mortgage for three years
14. Copies of married filing jointly tax returns for three years
15. Copies of W2 for three years for both
16. Copy of birth certificate of children (if applicable)
17. Copy of health/life insurance showing coverage for both
18. Utility bills showing both names
19. Joint bank accounts/credit cards
20. Photos of travel together
21. etc.. 

 

I hope this helps. Let me know if you have any other questions.

Edited January 19, 2020 by klmnl2000