"Living overseas"while waiting for 10ys GC

[lcsbr 2]

Im asking this for a friend:

 

 

"I know a lot of people find this subject a little controversial. but it is what it is.

 

I filed for Removal of Conditions in September 2020( divorce waiver ) and yet, no updates!

I have the 18 months extension letter, that's gonna expire on April 30th, 2022.

 

I just got a scholarship to study in the UK for 4 years.

That would actually be 2,5 year, then 1,5 years

 

My classes start in September 2021 in the United Kingdom.

I know there is a chance that I have to deal with RFE's ( I personally believe that this chance might be small because I sent a lot of proof of bona fide marriage,

proof of the reasons the marriage ended, also I already sent my divorce decree,  so I think Im good(?).  

Also I know that I have to be in the US on April 2021 to request a info pass ( to get another 1 year extension-  since the GC processing time is taking forever )

 

But anyway, I don't wanna loose my scholarship because Im waiting for the second green card. My initial plan was to just "move" to the UK, and once the second green card is approved, Apply for a reentry permit.

 

All my friends are saying that Im crazy to do that, that Im gonna end up losing my green card. 

I wanna return to the US after my studies but right now my opportunity is in Europe."

 

So what do you guys think? Is that a really bad idea? what would you do ?

 

 

 

 

 

 

 

 

 

Edited May 21, 2021 by lcsbr

[Boiler 45,519]

As your friend intends to abandon their Permanent Residency they should file the I 407 once they leave for the UK

[lcsbr 2]

28 minutes ago, Boiler said:

As your friend intends to abandon their Permanent Residency they should file the I 407 once they leave for the UK

she doesn't intend to lose her GC....

[Dashinka 24,505]

How does she plan to maintain her US LPR status?

[lcsbr 2]

27 minutes ago, Dashinka said:

How does she plan to maintain her US LPR status?

we don't know...that is why we posted here 

[Boiler 45,519]

I am sort of intrigued how a US Resident could get a UK scholarship.

[Ontarkie 14,225]

~~Moved to Working and Traveling, from ROC - as the question is about being away for school~~

 

 

Re-entry permit now before even leaving for school. 

 

Hopefully her schooling will be as a non resident/international student. 

 

 

[Dashinka 24,505]

31 minutes ago, lcsbr said:

we don't know...that is why we posted here 

She can apply for a re-entry permit, but she needs to do that from inside the US and be available for biometrics, but the card can be sent to a consulate after approval.  Now that is only good for 2 years, so it would not cover the entire school plan, so she would have to return to the US to apply for another re-entry permit including biometrics at some point in the future.  

[SusieQQQ 11,586]

Well, theoretically one can get 5 consecutive years of re-entry permit so theoretically this is possible. Practically there are big issues. One, she can’t apply for a re+entry permt now with a conditional green card as it will only be valid to that expiry, so she needs to wait for her unconditional green card. Two, she needs to be in the US for application and biometrics. So if she gets her unconditional green card before September and gets application and bio in before then - great. If not, could be an issue. Three, I don’t know if it’s changed, but we had reports here of people waiting like 6 months for bio. 

[lcsbr 2]

2 hours ago, Dashinka said:

She can apply for a re-entry permit, but she needs to do that from inside the US and be available for biometrics, but the card can be sent to a consulate after approval.  Now that is only good for 2 years, so it would not cover the entire school plan, so she would have to return to the US to apply for another re-entry permit including biometrics at some point in the future.  

 

59 minutes ago, SusieQQQ said:

Well, theoretically one can get 5 consecutive years of re-entry permit so theoretically this is possible. Practically there are big issues. One, she can’t apply for a re+entry permt now with a conditional green card as it will only be valid to that expiry, so she needs to wait for her unconditional green card. Two, she needs to be in the US for application and biometrics. So if she gets her unconditional green card before September and gets application and bio in before then - great. If not, could be an issue. Three, I don’t know if it’s changed, but we had reports here of people waiting like 6 months for bio. 

 

she is going to be traveling between UK and US multiple times in order to keep this GC......if she really wants to keep it

but you got a point, she needs to wait to get the 10 year green card before apply for Reentry Permit.

she is going to the UK in September regardless and comes back April to deal with the possible info pass ( 1 year extension )...

 

 

 

 

[retheem 566]

5 hours ago, lcsbr said:

Im asking this for a friend:

 

 

"I know a lot of people find this subject a little controversial. but it is what it is.

 

I filed for Removal of Conditions in September 2020( divorce waiver ) and yet, no updates!

I have the 18 months extension letter, that's gonna expire on April 30th, 2022.

 

I just got a scholarship to study in the UK for 4 years.

That would actually be 2,5 year, then 1,5 years

 

My classes start in September 2021 in the United Kingdom.

I know there is a chance that I have to deal with RFE's ( I personally believe that this chance might be small because I sent a lot of proof of bona fide marriage,

proof of the reasons the marriage ended, also I already sent my divorce decree,  so I think Im good(?).  

Also I know that I have to be in the US on April 2021 to request a info pass ( to get another 1 year extension-  since the GC processing time is taking forever )

 

But anyway, I don't wanna loose my scholarship because Im waiting for the second green card. My initial plan was to just "move" to the UK, and once the second green card is approved, Apply for a reentry permit.

 

All my friends are saying that Im crazy to do that, that Im gonna end up losing my green card. 

I wanna return to the US after my studies but right now my opportunity is in Europe."

 

So what do you guys think? Is that a really bad idea? what would you do ?

 

 

 

 

 

 

 

 

 

Unfortunately you will have to make a decision on what is more important to you. 

[mushroomspore 3,044]

21 minutes ago, lcsbr said:

 

 

she is going to be traveling between UK and US multiple times in order to keep this GC......if she really wants to keep it

but you got a point, she needs to wait to get the 10 year green card before apply for Reentry Permit.

she is going to the UK in September regardless and comes back April to deal with the possible info pass ( 1 year extension )...

 

 

 

 

She doesn't necessarily have to wait to get the 10-year green card before getting the permit. But she has to be inside the USA when she DOES file for the permit. The permit also requires biometrics, so she must be in the US for that as well. The biggest issue will be her coming back before her extension letter expires to get the stamp. She will not be allowed to board a flight with an expired extension letter AND an expired green card, even if her reentry permit is still valid at that point in time. The reentry permit means nothing if she doesn't have a valid green card, whether it's a 2-year card or 10-year card.

[SusieQQQ 11,586]

1 hour ago, mushroomspore said:

She doesn't necessarily have to wait to get the 10-year green card before getting the permit

From the i131 instructions:

 

A Reentry Permit issued to a conditional permanent resident is valid for 2 years from the date of issuance, or to the date the conditional permanent resident must apply for removal of the conditions on his or her status, whichever date comes first.

 

So...she kind of does, if she wants the REP to be worth anything?

[Mollie09 1,543]

It will likely come up whether or not she applied for the scholarship as a resident.

[Mike E 11,739]

Re-entry permits are the preferred way to go.  But it is improbable she would have one in hand before September 2021.  
 

She can try coming back to the USA every 5 months, spending a day in the USA and then returning to the UK.  
 

I would say the odds of her getting a secondary inspection over the next 4 years approach 99 percent.  
 

The first time she is caught she will get a warning.  The second time, it is probable she will get pressure to sign an I-407 to relinquish her status.  So after the first warning, apply for an SB-1.  
 

Since her priority is the education over the green card, she risks nothing by trying.