Moving abroad before Removal of Conditions

[terdan 0]

Hi,

My father passed away two days ago and we decided therefore to move abroad closer to my homecountry to be closer to my mom for a while (might be a few months to years). My husband has a job offer there and we are offered a visa. He is a US citizen but will be an expat then. I received my greencard June 2007, so I should file removal of conditions next spring. Can I still file although I live abroad? Is there any way I can keep my Green Card?

Thank you.

[raymaga 25]

If you apply for a "Re-entry Permit" (Form I-130), and get approved before your departure, you will be allowed to remain outside the U.S. for up to one year.

I believe you must also have a residence in the U.S. during your absence.

Someone else with more knowledge will provide some more detail.

Good luck.

[YuAndDan 153]

You could file to remove conditions, but may be required to interview.

About maintaining green-card: Green-card is for residency in the USA, not living abroad, it is not a visa for entry and exit of the USA when ever you want.

Maintaining Permanent Residence

You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.

• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Fail to file income tax returns while living outside of the US for any period.

• Declare yourself a “nonimmigrant†on your tax returns.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD Edited July 30, 2008 by YuAndDan

[46]

Hi,

My father passed away two days ago and we decided therefore to move abroad closer to my homecountry to be closer to my mom for a while (might be a few months to years). My husband has a job offer there and we are offered a visa. He is a US citizen but will be an expat then. I received my greencard June 2007, so I should file removal of conditions next spring. Can I still file although I live abroad? Is there any way I can keep my Green Card?

Thank you.

Firstly, my condolences on the passing of your Father.

I would recommend applying for a re-entry permit, ensuring that you keep a US address and attachments (bank accounts, etc.), and otherwise expressing a clear intent to permanently return to the United States after a reasonable period. I would imagine that less than a year would be desirable. That your husband is to acquire a visa and job will complicate the intent issue, though you could spin it to your favor: it shows the legitimacy of your relationship.

If you truly wish to reside in Austria for a longer period, you should abandon your Permanent Residency and reapply later should you return.

Your Father did pass very recently and I imagine the whole issue of residency is rather emotional. Please consider a period of sober reflection before taking actions which may adversely affect your immigration and marriage.

[Barciur 1]

If you apply for a "Re-entry Permit" (Form I-130), and get approved before your departure, you will be allowed to remain outside the U.S. for up to one year.

It would be two years with re-entry permit. One year with a Green Card.