Living abroad & Permanent Residency

[mishka b 0]

My husband is a US citizen, I am South African and i entered the USA in December 2007 on a IR-1 visa. I have a green card and Conditional Permanent Residency. We have been married for two years and always planned to live in the USA. Recently my husband was presented with a promising business opportunity in South Africa. We are considering going back there for a while to see if he can make anything of it. If we were to go back, would it be possible for me to keep my permanent resident status for a year or two until we decide where we are going to settle?

I did some quick research and saw that a re-entry permit might allow me to leave for up to two years. My next question is this: If we decide to go to South Africa, we would probably leave in August 2009. The window period for me to file to have the conditional part of my Conditional Permanent Residency removed comes up in November 2009. Do i have to physically be in the USA to file this request?

[YuAndDan 153]

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

[Dakine 26]

My husband is a US citizen, I am South African and i entered the USA in December 2007 on a IR-1 visa. I have a green card and Conditional Permanent Residency. We have been married for two years and always planned to live in the USA. Recently my husband was presented with a promising business opportunity in South Africa. We are considering going back there for a while to see if he can make anything of it. If we were to go back, would it be possible for me to keep my permanent resident status for a year or two until we decide where we are going to settle?

I did some quick research and saw that a re-entry permit might allow me to leave for up to two years. My next question is this: If we decide to go to South Africa, we would probably leave in August 2009. The window period for me to file to have the conditional part of my Conditional Permanent Residency removed comes up in November 2009. Do i have to physically be in the USA to file this request?

You say you entered the US on a IR-1 ? Why didn't you get a 10 year GC?

[YuAndDan 153]

You say you entered the US on a IR-1 ? Why didn't you get a 10 year GC?

They have a CR-1 look at their timeline.

Marriage Sep 2006 USA entry Dec 2007.

[mishka b 0]

we hadn't been married for 2 years yet when i entered the USA, so i was given Conditional Permanent Residency. I don't know the difference between an IR/CR-1 visa, i just know that the lady who processed me at the embassy told me i was getting an IR-1, so i always assumed that's what i had.