Moving back to the States after moving out?

[Milka & Chris 2]

Hi Guys!

it’s been a while since I was last in here and a lot has happened. In 2021 I finally got approved for my Immigrant Visa to move to the States with my Husband after of almost 2 years of waiting for it!

I became pregnant and we had our baby in the States and that’s when I started feeling uncomfortable in the States. I was dealing with a lot of Anxiety and was going through some health issues. After 10 Months of me being there we decided to move to Switzerland in where I come from because at that time I felt more safe being home with all I was going through. It‘s been over a year now since I am back with my Husband living in Switzerland. We do think about moving back to the states in a couple of years. Would I have trouble getting another greencard? And is it gonna affect me traveling to the States in the future?

 

[powerpuff 6,697]

*** Topic moved from Progress Reports to Process & Procedures ***

[Lil bear 4,188]

On 1/30/2024 at 1:28 PM, Milka & Chris said:

Hi Guys!

it’s been a while since I was last in here and a lot has happened. In 2021 I finally got approved for my Immigrant Visa to move to the States with my Husband after of almost 2 years of waiting for it!

I became pregnant and we had our baby in the States and that’s when I started feeling uncomfortable in the States. I was dealing with a lot of Anxiety and was going through some health issues. After 10 Months of me being there we decided to move to Switzerland in where I come from because at that time I felt more safe being home with all I was going through. It‘s been over a year now since I am back with my Husband living in Switzerland. We do think about moving back to the states in a couple of years. Would I have trouble getting another greencard? And is it gonna affect me traveling to the States in the future?

 

Do you have a 2 yr or 10 year Green Card ? 

[Milka & Chris 2]

Just now, Lil bear said:

Do you have a 2 yr or 10 year Green Card ? 

10 year 

[Deker1972 25]

I may be wrong (so following to see any updates) but I was under the impression you could return at any time while your green card is still valid without having to re-apply, the only issue would be with citizenship if/when you apply as I believe you have to be in the country for at least 3 years and have not been away for more than 18 months in that 3 years before applying (but if your visa runs until 2031 this should be possible)

Edited February 1 by Deker1972

[OldUser 6,624]

18 hours ago, Milka & Chris said:

10 year 

You can come back to the US on GC. As long as you don't travel for at least a year after returning back in the US and none of your trips are 6 months or longer in the future, you will be able to naturalize in the US under 4 year and 1 day rule.

[OldUser 6,624]

On 1/30/2024 at 11:28 AM, Milka & Chris said:

We do think about moving back to the states in a couple of years

This is risky in your situation. You can formally give up LPR status by filing I-407 and then get a GC again.

 

By the way, did you remember filing US taxes all this time?

 

There's always a chance you won't get WVP / visa after giving up GC.

Edited February 1 by OldUser

[garebear397 69]

So if you stay outside the US too long (more than a year) you can lose your green card ( Can a U.S. lawful permanent resident leave the United States multiple times and return?). You can file a I-131 re-entry permit and that I believe lets you stay outside the US for 2 years and return still with your green card, but I think you have to apply for that before you leave or at least shortly after leaving (not a year later). So I think you might have trouble coming back in the US on your green card, now that you have been gone over a year (and especially so in 2-3 years more). In that case I agree with OldUser that you probably should file your I-407 to officially give up your green card.

 

You shouldn't have any trouble filing for the spouse visa again (we are in the exact same situation, going round 2 on a green card for my wife). But I will say when my wife and I have visited the US after moving (both in her B-2 visa interview and at the border) the I-407 has been useful showing that she didn't try to "abuse" the system (living in another country while trying to keep residency in the US). There have been those in this forum that say you should try to keep the green card as long as possible, even if it results in them removing it from you at somepoint for not living in the US. But I have a hard time imagining that wouldn't come back to bite you if you had to apply for a new spousal visa down the road. They could question your intent to remain as a resident in the US. 

 

Edited: for clarity and misreading the post a bit. 

Edited February 1 by garebear397

[pushbrk 12,873]

5 hours ago, garebear397 said:

So if you stay outside the US too long (more than a year) you can lose your green card ( Can a U.S. lawful permanent resident leave the United States multiple times and return?). You can file a I-131 re-entry permit and that I believe lets you stay outside the US for 2 years and return still with your green card, but I think you have to apply for that before you leave or at least shortly after leaving (not a year later). So I think you might have trouble coming back in the US on your green card, now that you have been gone over a year (and especially so in 2-3 years more). In that case I agree with OldUser that you probably should file your I-407 to officially give up your green card.

 

You shouldn't have any trouble filing for the spouse visa again (we are in the exact same situation, going round 2 on a green card for my wife). But I will say when my wife and I have visited the US after moving (both in her B-2 visa interview and at the border) the I-407 has been useful showing that she didn't try to "abuse" the system (living in another country while trying to keep residency in the US). There have been those in this forum that say you should try to keep the green card as long as possible, even if it results in them removing it from you at somepoint for not living in the US. But I have a hard time imagining that wouldn't come back to bite you if you had to apply for a new spousal visa down the road. They could question your intent to remain as a resident in the US. 

 

Edited: for clarity and misreading the post a bit. 

The correct information is at the link provided in the above quoted post.  Ignore all the "I think" statements, and just go with exactly what is explained in the link.  

If you go through the process again, don't worry about them "questioning your intent....".  Be ready to explain though.