Moving to another country

[naa233 0]

We're due to apply for my husband's removal of conditions around November, however we are considering moving abroad for work (his field is busier elsewhere). I understand we can wait for the 10 year green card and apply for a re-entry permit, but does holding a job elsewhere make his green card abandoned? If that's the case or if we remain out of the country for over two years, do we apply for a marriage visa all over again when/if we return to the states? How difficult is it? Do they scrutinize you more because you abandoned a GC before or is it irrelevant?

[YuAndDan 153]

Similar question earlier: http://www.visajourney.com/forums/index.ph...t&p=2780001

[Kathryn41 3,205]

If you move and take up residence in another country that is considered abandoning the green card. You are supposed to be living in the US except for temporary and short term absences. If you can wait approximately another 2 years ( a year beyond November) he can apply for citizenship and once he gets that he can live wherever you choose. If you wish to pursue citizenship and decide to leave the country temporarily for work, absences over 6 months interrupt the 3 year residency that is required for citizenship and make it longer to qualify for citizenship.

If you do decide to leave and abandon the green card you can re-apply for a spousal visa if and when you want to return to the US. Yes, it would mean starting all over again, however if you are both legally resident in the other country you may be able to do a DCF (Direct Counsular filing) instead which would be somewhat faster. I don't know if it would be harder to get another green card or not - I suspect it would still depend on the quality and quantity of evidence you can provide to show the validity of the marriage, as well as the medical, security and immigration considerations. You wouldn't have a two year conditional card in that case though but would qualify for the 10 year card.

I guess it depends on what the two of you want ultimately. Good luck with your decision.

Edited March 27, 2009 by Kathryn41