Jump to content
Sign in to follow this  
KellyRay

Moving abroad while removing conditions

13 posts in this topic

Recommended Posts

Hello-

My husband will be filing to remove conditions in January of 2009. We are thinking of moving to France for a year or two. We are planning on moving in the summer or fall of 2009. If my husband doesn't have his 10 year greencard by them is it possible to be out of the country while his case is being processed here? He has his two year greencard right now. If this current greencard expires while the removal of conditions is being processed and he is in France, will that be a problem?

Thank you

Kelly

Share this post


Link to post
Share on other sites
Hello-

My husband will be filing to remove conditions in January of 2009. We are thinking of moving to France for a year or two. We are planning on moving in the summer or fall of 2009. If my husband doesn't have his 10 year greencard by them is it possible to be out of the country while his case is being processed here? He has his two year greencard right now. If this current greencard expires while the removal of conditions is being processed and he is in France, will that be a problem?

Thank you

Kelly

Hi,

As far as I know with having Green Card you have to live most of the year in US (so it would be over 175 days/year or so?) but am not 100% sure how it works. My husband and I are also thinking to move o my home country sometime in the future, but probably after I will get my citizenship...

Good luck!


K-1

May 5th, 2005 - Oct 3rd, 2005

total time: 150 days

Love You Jeremiah!!!!!!!

May 5th, 2005 (day 1)- Mailed I-129F to uscis.com

May 13th, 2005 (day 9)- NOA1 in the mail!!!!!!!

July 27th, 2005 (day 79) NOA2 in 13 wonderful e-mails![/b]

September 9th, 2005 (day 99) Packet 4 received@the 12th) :-D GREAT!!!!!!

September 19th,2005 MEDICAL COMPLETED!

! ! ! K-1 INTERVIEW - Oct. 3rd, 2005 ! ! ! ! ! !

> VISA APPROVED < :-D

Nov 22, 2005 OLA back in USA!!!!!!!! :-D

Jan 20, 2006 - We said "I DO" ! ! ! - :)

AOS & EAD

June 9th, 2006 - AOS & EAD applications send to Chicago's lockbox :D FINALLY

June 23rd, 2006 - NOA for AOS & EAD received :D

June 26th, 2006 - received Biometrics' Appointment

July 7th, 2006 - BIOMETRICS

August 28, 2006 - INTERVIEW ! ! ! GREEN CARD on it's way! STAMP in Passport! YEAH!

Share this post


Link to post
Share on other sites

You can not live outside of the country as an LPR. If his intent is to give up his LPR status then that is fine, but to be an LPR you have to reside here permanently. There is nothing that says that you cannot take longer trips out of the US, but you do have to still maintain a home here. I would plan on hanging out in the US until he can become a US citizen.

Lots for you all to ponder. Good Luck! :thumbs:

Share this post


Link to post
Share on other sites

Well we would probably come home after 6 months for a visit, especially if that is necessary. If his removal of conditions is in process do you know how long at a time you can ge out of the country? Thanks for your reply by the way.

Share this post


Link to post
Share on other sites

6 Months is usually the advice, unless you get a re-entry permit.

Technically it can be upto 12 months without a re-entry permit, but over 6 months and the burden of proof starts to shift onto the green card holder to proove that he/she did not abandon their residency.

That's why it's advised to apply for a re-entry permit for any stay exceeding 6 months.

But you really do open up a whole can of worms doing this - he can easily end up being classified as having abandonned his residency.

Also, being out of the country more than 6 months in any one year will restart the citizenship 'continuous residency' requirement meaning if you did come back, you would have to stay in the US again for another 3 years before he could apply for citizenship.

If you can wait it out just a year more, he can file for citizenship (even if they have not yet finished his I751 at that point) and then this whole problem starts to melt away.

Regards,

Jamie

Well we would probably come home after 6 months for a visit, especially if that is necessary. If his removal of conditions is in process do you know how long at a time you can ge out of the country? Thanks for your reply by the way.

I-751 Process

=============

03/11/08 - Check Cashed by TSC, invalid SRC# on back along with a VLCXX reference.

03/31/08 - Had infopass appointment, got I-551 stamp and Trackable receipt number

04/09/08 - Received Biometrics Appointment Letter.

04/18/08 - Biometrics Appointment 10am.

04/18/08 - Transferred to Vermont from TSC

06/16/08 - Online Status reports transfer received by Vermont

11/03/08 - Online Status Shows Touched!

01/13/09 - Online Status Shows Touched!

01/20/09 - Approved!

01/26/09 - New Card Received!

N-400 Process

=============

12/29/08 - Application mailed to TSC

12/30/08 - Arrived at TSC - Forwarded to Nat. Ben. Ctr, TX

12/31/08 - Arrived at Nat. Ben. Ctr, TX

01/02/09 - Priority Date

01/05/09 - NOA1 Mailed

01/06/09 - Check Cashed

01/09/09 - NOA1 Received (Priority Date of 01/02/09, Some data missing from form)

01/10/09 - Case Touched!

01/27/09 - Duplicate NOA1 Received (Missing Data filled in, was mailed on 01/24/09)

02/28/09 - Interview Letter Received

04/06/09 - Naturalization interview

04/06/09 - Interview Passed!

04/22/09 - Oath Ceremony!

04/22/09 - US Citizen at Last!

Share this post


Link to post
Share on other sites
Wow, what a mess. I'm going to have to rethink this after all. Thank you very much for your input, it's greatly appreciated.

Yes, it isn't as easy as everyone thinks it is. You don't want to abuse the system, not like you would, but when you move away for a period of time, they can deny your husband entry at the POE. What you really do not want is for them to look at your length of time outside of the country because they might consider that he is abandoning his LPR status.

It is important to remember that not only is LPR a legal status in the US, but it is also a priviledge bestowed upon an immigrant for them to legally live and work in the US. It is only once someone becomes a citizen that they have the rights to live anywhere that they so choose.

Share this post


Link to post
Share on other sites

Ok so we are trying to modify our plans and are thinking of moving abroad for 4 or 5 months. Would that cause less of a problem with immigration? We were originally planning on one year but decided that 4 or 5 months will be fine. If anyone has any input I would appreciate it. Thanks.

Share this post


Link to post
Share on other sites
Ok so we are trying to modify our plans and are thinking of moving abroad for 4 or 5 months. Would that cause less of a problem with immigration? We were originally planning on one year but decided that 4 or 5 months will be fine. If anyone has any input I would appreciate it. Thanks.

Legally that would be fine - as long as you don't hit 6 months.

I would also be very careful to maintain ties to the US, and be very careful about how you respond to the immigration officer upon your return.

When he asks why your husband has been away, he should avoid saying he has been 'living abroad' - instead the words "extended visit" would be more favorable - if he has family in france then explaining this would be beneficial also - the thing is that you do not want to give a moody POE officer any reason to believe that your husband abandonned his US residency.


I-751 Process

=============

03/11/08 - Check Cashed by TSC, invalid SRC# on back along with a VLCXX reference.

03/31/08 - Had infopass appointment, got I-551 stamp and Trackable receipt number

04/09/08 - Received Biometrics Appointment Letter.

04/18/08 - Biometrics Appointment 10am.

04/18/08 - Transferred to Vermont from TSC

06/16/08 - Online Status reports transfer received by Vermont

11/03/08 - Online Status Shows Touched!

01/13/09 - Online Status Shows Touched!

01/20/09 - Approved!

01/26/09 - New Card Received!

N-400 Process

=============

12/29/08 - Application mailed to TSC

12/30/08 - Arrived at TSC - Forwarded to Nat. Ben. Ctr, TX

12/31/08 - Arrived at Nat. Ben. Ctr, TX

01/02/09 - Priority Date

01/05/09 - NOA1 Mailed

01/06/09 - Check Cashed

01/09/09 - NOA1 Received (Priority Date of 01/02/09, Some data missing from form)

01/10/09 - Case Touched!

01/27/09 - Duplicate NOA1 Received (Missing Data filled in, was mailed on 01/24/09)

02/28/09 - Interview Letter Received

04/06/09 - Naturalization interview

04/06/09 - Interview Passed!

04/22/09 - Oath Ceremony!

04/22/09 - US Citizen at Last!

Share this post


Link to post
Share on other sites
Thanks for your response- those are all very good, and helpful tips!

I really appreciate it.

Are you going to work overseas in American Company? If yes, you can expedite the process of Naturalization under 319 b.

With this, you can avoid removing condition if the petition will be approved.

I am living overseas, and I come back in the US every 10 months, till I found out information on 319b(INA)..


jamesfiretrucksg2.th.jpgthpix.gif

Share this post


Link to post
Share on other sites
...

Are you going to work overseas in American Company? If yes, you can expedite the process of Naturalization under 319 b.

With this, you can avoid removing condition if the petition will be approved.

I am living overseas, and I come back in the US every 10 months, till I found out information on 319b(INA)..

Wow1

There is an eye opener.

Thanks for putting this out there Completely.

Of course I am but a young grasshopper with much to learn on all this immigration shtuff...

This would be a great opportunity for my sweetie and I.

If I understand correctly:

if he took a transfer to work in England or Australia or Japan, we could both go there and I could become a USC whilst away?

Long distance application or do it before we left?

Expedited takes how long?

I just got my residency approved, and there is this possibility of him taking a transfer over-seas...

Thanks for any and all info.

:star:


SpiritAlight edits due to extreme lack of typing abilities. :)

You will do foolish things.

Do them with enthusiasm!!

Don't just do something. Sit there.

K1: Flew to the U.S. of A. – January 9th, 2008 (HELLO CHI-TOWN!!! I'm here.)

Tied the knot (legal ceremony, part one) – January 26th, 2008 (kinda spontaneous)

AOS: Mailed V-Day; received February 15th, 2007 – phew!

I-485 application transferred to CSC – March 12th, 2008

Travel/Work approval notices via email – April 23rd, 2008

Green card/residency card: email notice of approval – August 28th, 2008 yippeeeee!!!

Funny-looking card arrives – September 6th, 2008 :)

Mailed request to remove conditions – July 7, 2010

Landed permanent resident approved – August 23rd, 2010

Second funny looking card arrives – August 31st, 2010

Over & out, Spirit

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×