Applying for I-751 while living apart

[hwandhw 7]

Hello everyone, 

 

I received my green card through marriage at the end of December 2019, so I am set to file for the I-751 at the end of September. 

However, my US citizen husband just received a job offer from Switzerland which would be about 2 years, and if he accepts, he will start his job in January 2022. I am not sure if I would want to follow him or stay. 

 

I had a couple questions regarding this, any help would be very appreciated. 

 

1) Would there be any problems if my husband lives in Switzerland for 2 years while I live in the US on the green card after filing for the i-751? 

 

2) From what I understand, if I follow my husband to Switzerland for 2 years, I am abandoning my green card. We're most likely going to return to the US after this 2 years, so when I re-apply for the green card, would I just have to start back from scratch again?

 

Thank you!

 

[Just Paul 4,595]

3 minutes ago, hwandhw said:

1) Would there be any problems if my husband lives in Switzerland for 2 years while I live in the US on the green card after filing for the i-751? 

This is ok.  He may be needed for the I-751 interview if it is not waived.

4 minutes ago, hwandhw said:

2) From what I understand, if I follow my husband to Switzerland for 2 years, I am abandoning my green card.

Yes and you can't get AP if there isn't anytime left on you green card.   You can go ack an forth and stay outside the US for 6 months without any issues and upto to months but you need to show your ties to the US

[HRQX 4,145]

5 minutes ago, hwandhw said:

my US citizen husband just received a job offer from Switzerland

Who is the employer? Because in certain cases if you go abroad with him you may be eligible for expeditious naturalization https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4

Qualifying Employment Abroad

Qualifying employment abroad means to be under employment contract or orders and to assume the duties of employment in any of following entities or positions:^[12]

• Government of the United States (including the U.S. armed forces);

• American institution of research recognized as such by the Attorney General;^[13]

• American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof;

• Public international organization in which the United States participates by treaty or statute;^[14]

• Authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States; or

• Engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States.

[hwandhw 7]

5 minutes ago, Paul & Mary said:

This is ok.  He may be needed for the I-751 interview if it is not waived.

Yes and you can't get AP if there isn't anytime left on you green card.   You can go ack an forth and stay outside the US for 6 months without any issues and upto to months but you need to show your ties to the US

is the AP the i-131? Thanks for the info!

[HRQX 4,145]

6 minutes ago, hwandhw said:

is the AP the i-131?

Paul used incorrect terminology. He should have said "Reentry permit."

 

https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf

Edited September 13, 2021 by HRQX

[hwandhw 7]

5 minutes ago, HRQX said:

Who is the employer? Because in certain cases if you go abroad with him you may be eligible for expeditious naturalization https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4

He got hired by a research lab there, so it unfortunately doesn't apply. 😔 thanks though!

[Dashinka 24,505]

12 hours ago, hwandhw said:

Hello everyone, 

 

I received my green card through marriage at the end of December 2019, so I am set to file for the I-751 at the end of September. 

However, my US citizen husband just received a job offer from Switzerland which would be about 2 years, and if he accepts, he will start his job in January 2022. I am not sure if I would want to follow him or stay. 

 

I had a couple questions regarding this, any help would be very appreciated. 

 

1) Would there be any problems if my husband lives in Switzerland for 2 years while I live in the US on the green card after filing for the i-751? 

 

2) From what I understand, if I follow my husband to Switzerland for 2 years, I am abandoning my green card. We're most likely going to return to the US after this 2 years, so when I re-apply for the green card, would I just have to start back from scratch again?

 

Thank you!

 

Actually, you could file for a Re-entry permit (also uses form I131) which would allow you to be outside the US for up to 2 years from the issue date.  If longer than that, you could potentially file for an SB1 returning resident visa.  You still have to complete the ROC step and the time outside the US would impact your naturalization eligibility if you plan to take that step.

 

Good Luck!

[da95826 387]

A reentry permit only applies for the life of the conditional green card, it won't work after the conditional green card expires. You must file an i751 on time and get the conditions removed. You will need to spend more time in the USA than outside the USA and not stay out more than 180 days outside the USA at a time.

If you carry on with ROC document efforts to maintain contact with one another, keep recipes of travel to visit, finchal support, log of communications between you two while apart.

 

You could abandon your LPR and your spouse could refile the whole i130 all over again when ready to move back to USA.

[hwandhw 7]

4 hours ago, da95826 said:

A reentry permit only applies for the life of the conditional green card, it won't work after the conditional green card expires. You must file an i751 on time and get the conditions removed. You will need to spend more time in the USA than outside the USA and not stay out more than 180 days outside the USA at a time.

If you carry on with ROC document efforts to maintain contact with one another, keep recipes of travel to visit, finchal support, log of communications between you two while apart.

 

You could abandon your LPR and your spouse could refile the whole i130 all over again when ready to move back to USA.

So if I understand correctly, I can't apply for the I-131 because my green card will be expired soon. However, from other posts I saw that with the receipt of the I-751, my expired green card and my passport, I should be okay to travel internationally (just not for long periods of time). Do you know if that is correct? Thank you for your time!

[Dashinka 24,505]

2 hours ago, hwandhw said:

So if I understand correctly, I can't apply for the I-131 because my green card will be expired soon. However, from other posts I saw that with the receipt of the I-751, my expired green card and my passport, I should be okay to travel internationally (just not for long periods of time). Do you know if that is correct? Thank you for your time!

Once you file the I751, you will get the receipt NOA commonly called the “extension letter” and that allows you to travel internationally with your foreign passport, expired green card and the extension letter.  My understanding is USCIS is now sending out 24 month extension letters.  Once you get the extension letter you should be able to file for a Re-entry permit that would allow you to stay outside the US for longer periods of time keeping in mind you might have to come back for a biometrics appointment and/or an interview.

[da95826 387]

3 hours ago, Dashinka said:

 Once you get the extension letter you should be able to file for a Re-entry permit that would allow you to stay outside the US for longer periods of time

I am not so sure you can get a reentry permit for an extension letter + expired green card, but you could try. USCIS will not issue an re entry permit beyond your green card expiration date plus your extension letter expiration date if they issue it at all.

 

 

[Allaboutwaiting 2,503]

8 minutes ago, da95826 said:

I am not so sure you can get a reentry permit for an extension letter + expired green card, but you could try. USCIS will not issue an re entry permit beyond your green card expiration date plus your extension letter expiration date if they issue it at all.

USCIS requires proof of permanent residence when an applicant files for a reentry permit. An extension letter IS a valid proof of permanent residence.