Moving abroad (permanently?) a few months after ROC

[ebe 6]

Hi all,

In a few weeks, I'll be able to file the ROC petition. Husband's green card expires May 25, 2015.

The complication is... We've decided we want to move back to Chile (not employed by US in any way) and will probably stay there indefinitely (but who knows where life might take you, right?!). We're planning to move back August 1, 2015. (After all that effort! Trying not to think about all the forms I suffered through. But it's been a cool two years in the US.)

I've been stalking these forums for a while and I know I need to do the ROC petition and proceed as normal for now to avoid any deportation issues.

But what happens next? A few questions...

- There seems to be some inconsistency on how long ROC takes to complete. Could this affect our travel plans in any way, assuming I file at end of Feb?

- When I file my change of address and we lose domicile in the US, will that just be, goodbye green card? Is there anything we can do about this?

- If at some point we want to come back and have to petition for another green card, will it be very difficult to get another one, having had it and lost permanent residency in the past?

- Any other advice from people who have faced similar situations?

Apologies if this isn't quite the right forum for this, I wasn't sure where else to prove it.

You all have been amazing throughout this whole process, I don't know how people dealt with all this before VJ! A virtual hug to everyone.

[Hypnos 6,576]

RoC can take around a year to process. It sounds like you will likely be gone by then.

His green card will be considered abandoned as soon as he permanently moves to another country.

Should you both wish to return down the line you would have to re-petition him again, starting from scratch. Having had a green card previously will neither help nor hinder this process.

Edited February 9, 2015 by Hypnos

[NancyNguyen 1,657]

Save $590 for flight tickets. Don't waste money then abandon it.

[ebe 6]

Thanks for the info! You guys are awesome.

Nancy, I would love to save the money (and the time putting all of this together!!). But I have a few questions:

- Since we're leaving in August, but his green card expires May 25, what happens between that time? Is he technically "illegal" in the country? Could this cause us problems for a future green card petition, or any subsequent entrance to the US? (We'll come back frequently to visit, using the VWP with him as a tourist.)

- Do I need to give the US a heads up that we are moving to another country? They seem to like forms Is there a form for this situation?

[Hypnos 6,576]

Yes, he would be out of status and deportable from the day his conditional green card expired.

[NancyNguyen 1,657]

He will occur unauthorized stay after his condition green card is expired, ban will not kick in if period of stay is less than 180 days but you might have problems later when you use VWP.

You need to file I-407 to formally surrender your green card. Your situation is unique so we should listen to others for more ideas.

[ebe 6]

Thanks Hypnos and Nancy––yes, I'm also interested to see what others think. It's a weird situation timing-wise. I'd rather pay more $$ up front than have any issues later, but of course no use in wasting money if there's no reason to. (Also I'm one of those worry-about-everything people so the "deportable" thing might drive me crazy even if it's just for a few months!)

Of course I'd also love to keep the green card as long as possible, but I get the sense that once you're living out of the country you really can't maintain permanent residency unless you work for the US govt abroad or something.

[jxn 86]

Out of curiosity, if he's already spent two years here why not remain in the U.S. for another year after removing conditions and then apply for citizenship? Once that's done you can live anywhere you want for any period of time without losing any benefits or privileges.

[ebe 6]

It's a good question, Jxn! We've thought about that quite a bit. That was sort of our initial plan in coming here, actually. It *might* still happen, but we're both really keen on getting back to Chile––we prefer it there, have more family and friends, etc. (and it's not so cooooold)

The other thing is, he's a surgeon, and unless he re-does his residency there's not much outlook for him career-wise, whereas having done a US fellowship at a good hospital here he's now going to have a lot of potential in Chile. (In my field I can easily telecommute, so all I really need is wifi!)

The other thing is, Chile and the US don't have a tax treaty, so we're not even sure if him becoming a US citizen is such a good idea financially...

We might be kicking ourselves later if we have to go through the awful terrible horrible green card process again!! But then again, I also think we're going to be very happy to be back in Chile. So who knows.

[N-o-l-a 7,167]

Personally, I'd file the ROC and pay the fee so you don't accumulate any overstay and in case you change your mind at the last minute.

[jxn 86]

It's a good question, Jxn! We've thought about that quite a bit. That was sort of our initial plan in coming here, actually. It *might* still happen, but we're both really keen on getting back to Chilewe prefer it there, have more family and friends, etc. (and it's not so cooooold)

The other thing is, he's a surgeon, and unless he re-does his residency there's not much outlook for him career-wise, whereas having done a US fellowship at a good hospital here he's now going to have a lot of potential in Chile. (In my field I can easily telecommute, so all I really need is wifi!)

The other thing is, Chile and the US don't have a tax treaty, so we're not even sure if him becoming a US citizen is such a good idea financially...

We might be kicking ourselves later if we have to go through the awful terrible horrible green card process again!! But then again, I also think we're going to be very happy to be back in Chile. So who knows.

Tough dilemma. Each case is unique but with the time already spent, I would personally stay in the U.S. longer and continue gaining experience in the States. But like you said, it looks like it's a fellowship that's already over. Any chance of another similar opportunity here?

If I'm not mistaken, as a citizen he wouldn't even need to pay on the first USD $97,600 in annual foreign income.

I echo the earlier comment to apply for RoC now to avoid overstay, even if you do leave and move to Chile.

[Boiler 43,567]

There is a form to follow in to official renounce your residency. Leave early or file to ROC would be my suggestion.

[ebe 6]

Thanks all, this is all very helpful. I will have to do some thinking. I don't see much advantage in husband becoming a USC at this point. I don't think I really want the IRS following him everywhere we go, too. And we're pretty keen on getting back to Chile. His fellowship ends in July, as does our lease (thus the Aug 1 move date). So to avoid any future problems, based on all of your advice, I might just move ahead with ROC, feel the pain losing a bit of money now to avoid any future problems, and then turn in the green card and the I-407 at the embassy in Santiago.

It's also very good to know that having rescinded LPR doesn't make it harder to reapply for a GC in the future.

I LOVE VISA JOURNEY! i feel less alone when i come here.

[discoverusa 232]

I would suggest another possibility:

- Wait a little longer for the ROC to be completed and file for re-entry permit so you will not be loosing that GC in case something doesn't quite work out in Chile and you want to come back. That way you don't have to redo the green card process again.

[Cathi 5,614]

RoC can take around a year to process. It sounds like you will likely be gone by then.

His green card will be considered abandoned as soon as he permanently moves to another country.

Should you both wish to return down the line you would have to re-petition him again, starting from scratch. Having had a green card previously will neither help nor hinder this process.

My husband filed for ROC at the beginning of August 2014 and he still only has NOA1