Hello everyone!
I would really appreciate any help about my case. I'm moving to Egypt with my wife (She is a US citizen) because she has a field research and we dont want to be separated for a long period. I have my conditional GC. We are planning to stay there for about 2 years at least. These are my questions:
Is it OK to be outside the US if we are outside the US together? We will come back to the US together each time we come back to visit?
Will I have to apply for the re-entry permit every year or should I apply for 2 or 3 years re-entry permit?
I read many posts about this topic but I havent read anything about being outside the US because your American spouse has to be outside the US....I came to the US because of her so why is it a problem if I'm leaving the US because of her!!!!
Any help will be appreciated
Thanks a lot
Full Version: Moving to Egypt with my wife this September
VisaJourney.com > General Family Based Immigration Topics > Removing Conditions on Residency General Discussion
Removal of conditions may be a problem
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.
http://www.visajourney.com/timeline/profile.php?id=28047 (How about adding AOS to it?)
You are now AOS approved, so you may want to update profile to show this instead of K-1. http://www.visajourney.com/forums/index.ph...rCP&CODE=01
Similar post yesterday: http://www.visajourney.com/forums/index.ph...=141889&hl=
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.
QUOTE
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:
http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRDYou 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.visajourney.com/timeline/profile.php?id=28047 (How about adding AOS to it?)You are now AOS approved, so you may want to update profile to show this instead of K-1. http://www.visajourney.com/forums/index.ph...rCP&CODE=01
Similar post yesterday: http://www.visajourney.com/forums/index.ph...=141889&hl=
Just because you're travelling together does not mean you'll be ok to come back. Permanent residency is based on the country you stay in, no the person you stay with.
With that said, you still have a conditional green card so you still have to remove conditions and that may be a problem. But if you're going to stay longer than 12 months, you need to file an I-131 BEFORE you leave the US. If approved, they will let you stay outside the country for up to 2 years, not longer. But again, it may be an issue when it comes to removing conditions.
Diana
With that said, you still have a conditional green card so you still have to remove conditions and that may be a problem. But if you're going to stay longer than 12 months, you need to file an I-131 BEFORE you leave the US. If approved, they will let you stay outside the country for up to 2 years, not longer. But again, it may be an issue when it comes to removing conditions.
Diana
Apply for a re-entry permit before you leave; you should be OK for a year. For a longer absence, I am not sure what you options are -- why not make an Infopass and ask an immigration official? What I do know, though, is that you *can* apply for Removal of Conditions from outside the country, but you will have to return to fulfill the biometrics and, potentially, the interview requirements. Good luck!
QUOTE(radacos @ Jul 31 2008, 06:24 PM) 
Apply for a re-entry permit before you leave; you should be OK for a year. For a longer absence, I am not sure what you options are -- why not make an Infopass and ask an immigration official? What I do know, though, is that you *can* apply for Removal of Conditions from outside the country, but you will have to return to fulfill the biometrics and, potentially, the interview requirements. Good luck!
Ooops, talking out of my behind. With a re-entry permit, you should be fine for two years.
Thank you very much everyone! I'm rethinking my plans...I appreciate your input.
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