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karl_friedrich

Should I relinquish my green card when moving abroad?

By karl_friedrich in Emigrating Outside the US

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karl_friedrich Newbie

karl_friedrich   0

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Hi,

I am a US permanent resident since 12/2017, my wife is a US citizen. I recently received a job offer in my home country in Europe, so my wife and I decided to move to Europe at the end of 2022. We do not know how long we will stay abroad, but it is possible that we may move back to the US again after a few years abroad.

 

I wanted to know what is the best way to handle my US green card in this case. Should I relinquish it when we move abroad and reapply again if we decide to move back to the US, or are there legal ways for me to keep my US green card while being abroad for a few years? 

 

Applying for US citizenship is currently not an option for me since my home country is very restrictive in allowing dual citizenship.

 

We are planning to frequently (~once a year) visit family here in the US after we move to Europe. So it is important to me to do things legally correct so that I can still travel to the US on a tourist visa without any issues and potentially reapply for a green card again in the future if I decide to relinquish it now.

 

Thank you for your help!

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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18 minutes ago, karl_friedrich said:

Hi,

I am a US permanent resident since 12/2017, my wife is a US citizen. I recently received a job offer in my home country in Europe, so my wife and I decided to move to Europe at the end of 2022. We do not know how long we will stay abroad, but it is possible that we may move back to the US again after a few years abroad.

 

I wanted to know what is the best way to handle my US green card in this case. Should I relinquish it when we move abroad and reapply again if we decide to move back to the US, or are there legal ways for me to keep my US green card while being abroad for a few years? 

 

Applying for US citizenship is currently not an option for me since my home country is very restrictive in allowing dual citizenship.

 

We are planning to frequently (~once a year) visit family here in the US after we move to Europe. So it is important to me to do things legally correct so that I can still travel to the US on a tourist visa without any issues and potentially reapply for a green card again in the future if I decide to relinquish it now.

 

Thank you for your help!

You can apply for a re-entry permit.

This allows you to keep your green card even if you are out of the US for over a year. 

The permit if usually good for 2 years, so all you have to do is renew the permit before your two years is up. 

 

OR you can relinquish your green card and file a new I-130 1.5 to 2 years before you move back (or keep an eye on timelines to see if the process has sped up or slowed down). 

 

https://www.uscis.gov/i-131

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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2 minutes ago, karl_friedrich said:

If I apply for a reentry permit, is it possible to come and visit the US during the time the reentry permit is valid?

Yes! To my understanding you're able to re-enter the US as often as you like. 

The re-entry permit is insurance in case you stay outside the US for 1+ years or you meet a CBP officer who tries to bully you into relinquishing your GC because they believe you're spending too much time outside the US. 

 

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Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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I wouldn't relinquish. Never. 

I would wait till I became USC or apply for reentry as already mentioned. 

 

I cannot stand the thought of starting a fresh with USCIS again, all those fess, timeframe and drama. 

 

I recall someone who relinquished only to regret it 3 months later because he wanted to come back to US. Life wasn't easy outside. However, he had to start from square 1

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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1 minute ago, karl_friedrich said:

Thanks for that information! 

As far as I understand I can keep renewing the re-entry permit. Can I this from abroad?

Not sure. 

https://www.uscis.gov/sites/default/files/document/forms/i-131instr.pdf

Maybe instructions will give more insight or someone else can chime in with the answer. 

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Sm1smom Collaborator

Sm1smom   251

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21 hours ago, karl_friedrich said:

Thanks for that information! 

As far as I understand I can keep renewing the re-entry permit. Can I this from abroad?

You will only be able to renew twice after the initial approval I believe. You’ll get an additional two years for the first renewal and one year for the second renewal for a maximum of five years starting from the first one. 

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  • 2 months later...
medicalguy Explorer

medicalguy   11

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Filed: Citizen (apr) Country: Jordan
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You are eligible for naturalization. Why not apply for US citizenship? 

N-400 Naturalization acpplication

 

 

9/9/2018: 90 day window early application opened. (3 year rule)

9/9/2018: N-400 Application submitted ONLINE. Estimated case completion: November 2019 (14 months).

9/10/2018: NOA

9/15/2018:Scheduled for Biometrics appointment. Scheduled for 10/1/2018

10/1/2018: Biometrics completed. 

4/11/2019: Scheduled for Interview.

5/20/2019: Interview day, APPROVED!

5/30/2019: Oath Ceremony. Officially a US citizen! Time to Vote :D

 

AOS / AP / EAD

 

7/22/2015: Mailed I-130, I-485, I-131, I-765

7/28/2015: Received electronic notification that USCIS has received my case and they are forwarding it to national benefits center.

8/1/2015: Received Hard copy of NOA of all 4 forms by mail.

8/6/2015: Received Biometrics appointment in mail, date 8/20

8/20/2015: Biometrics completed.

8/31/2015: Case updated to Interview scheduled for 10/1/2015

9/1/2015: Received interview letter hardcopy by mail

9/28/2015: EAD / AP Card in production

10/1/2015: Interview completed, unfortunately will need further review...

10/3/2015: Recieved EAD / AP combo card in mail

11/16/2015: Completed first Infopass. J1 file still pending from DOS

12/9/2015: I485 / I130 approved. I-485 updated to "New Card is being produced"!!!

12/14/2015: Received I130/I485 approval / Welcome letter

12/15/2015: Received Green Card in mail!!!!

 

J1 Exceptional Hardship Waiver Timeline:

 

12/18/2014: Form DS-3035 was received by the DOS

11/2014-2/2015: We collected letters of support from Family

2/15/2015: Last DS-2019 was received.

2/27/2015: Sent I-612 + Affidavit and supporting documents (This was sent to California Service Center)

3/4/2015: USCIS received I-612 and sent Form I-797C notice of action in mail which I received later on.

4/9/2015: USCIS requested another non-USCIS advisory opinion for Form I-612

4/14/2015: From I-612 and I-613 were received by the DOS

5/6/2015: DOS: Post input: received,

6/27/2015: DOS decision turned to Favorable recommendation, Recommendation sent on 6/26

7/2/2015: USCIS approved I-612 application online

7/9/2015: Received Hard copy approval in mail

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Lil bear Mentor

Lil bear   4,217

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Filed: Citizen (apr) Country: Australia
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On 4/13/2022 at 8:00 PM, ROK2USA said:

Not sure. 

https://www.uscis.gov/sites/default/files/document/forms/i-131instr.pdf

Maybe instructions will give more insight or someone else can chime in with the answer. 

Can only renew it once.. so it gives you a total of 4 years out of the  US before crunch time 

25 minutes ago, medicalguy said:

You are eligible for naturalization. Why not apply for US citizenship? 

OP stated that his home country is very restrictive on dual citizenship 

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Crazy Cat Grand Master

Crazy Cat   41,884

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10 hours ago, pezo wenk said:

but your status is permanent and forever.

LOL!!!!   Not true.  Resident status can be revoked under some circumstances.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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  • 11 months later...
M+K IL Enthusiast

M+K IL   102

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Filed: Citizen (apr) Country: Indonesia
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On 4/13/2022 at 7:23 PM, karl_friedrich said:

I wanted to know what is the best way to handle my US green card in this case. Should I relinquish it when we move abroad and reapply again if we decide to move back to the US, or are there legal ways for me to keep my US green card while being abroad for a few years? 

I have not seen it mentioned, but as a green card holder, you're still subject to IRS tax reporting even though you don't reside in the US - same as if you are a full citizen.

Because of tax treaties, you'll likely not to have to pay more (since you'd have already paid higher taxes in most EU countries - with some exception like Estonia), but you would need to file anyway.

US entry :

GC issued :
CIS Office :

2016 (me, H-1B) / 2017 (her, H-4)

2018-06-20

Chicago IL

Date Filed : 2023-03-22

NOA Date :

Bio. Appt. Notice :

2023-03-22

2023-03-24

Bio. Appt. :

2023-04-13

Interview Notice :

Interview Date :

Oath Ceremony :

2023-05-24

2023-07-13 (approved)

TBD

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TBoneTX Grand Master

TBoneTX   45,303

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Filed: Citizen (apr) Country: Ecuador
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Old thread is now closed; the OP hasn't logged on for 14 months.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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