Living abroad while retaining green card

[tammyandphilip 0]

Question - My husband was given and US Green Card 3 years ago. We moved from the USA to Australia in Jan 2010. Upon getting ready to return for a holiday we started reading, and are now aware we may have missed something. Now we are needing to know if anyone has left the USA and moved abroad while holding a green card and what will happen when we return? We have read a few things -

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 United States for more than 1 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 United States may be considered, even if less than 1 year

•Remain outside of the United States for more than 2 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 United States may be considered, even if less than 1 year

•Fail to file income tax returns while living outside of the United States for any period

•Declare yourself a “nonimmigrant” on your tax returns

We by no means will be living here for longer than 3 years - but with the above being said - does anyone have any advice on this? We have emailed the consulant, but in the meantime need to ease our worried minds.

All the best,

Tammy & Philip

[TJ2010 5]

Hi Tammyandphilip...

From what you've said, it sounds like your hubby will have a problem. I'm sorry, I wish I had better news

I'm an Australia who once held a greencard. I stayed outside of the US for more than 12 months and in that time I worked in Australia. So now, I have to go through the visa process all over again from square one to get back to the US. My husband is now back in the US and he has started the petition for my visa all over again.

Because your husband hasn't been outside the US for more than 12 months your case is less clearcut. However, from everything you've said, it sounds like you guys have problems ahead. Does your husband have a job here in Australia? if the answer is yes, that might be enough to demonstrate that he has abandoned his permanent resident status, along with the fact that you guys currently consider Australia to be your home, not the US.

From everything you've said, I believe, drawing on my own personal experiences, my research and so on, that you will have to petition for a new green card for your husband when you decide to move back to the US.

I hope others may come and give opposing viewpoints, but I'm about 95% sure what I know to be true is correct.

Question - My husband was given and US Green Card 3 years ago. We moved from the USA to Australia in Jan 2010. Upon getting ready to return for a holiday we started reading, and are now aware we may have missed something. Now we are needing to know if anyone has left the USA and moved abroad while holding a green card and what will happen when we return? We have read a few things -

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 United States for more than 1 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 United States may be considered, even if less than 1 year

•Remain outside of the United States for more than 2 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 United States may be considered, even if less than 1 year

•Fail to file income tax returns while living outside of the United States for any period

•Declare yourself a “nonimmigrant” on your tax returns

We by no means will be living here for longer than 3 years - but with the above being said - does anyone have any advice on this? We have emailed the consulant, but in the meantime need to ease our worried minds.

All the best,

Tammy & Philip

[TJ2010 5]

On the upside, if you do have to apply again, you'll be eligible for Direct Consular Filing (DCF) and apparently this is much quicker than filing from the US. But I haven't got any experience with DCF myself.

http://www.visajourney.com/content/dcf

[canadian_wife 1,795]

http://www.americanlaw.com/maintlpr.html

http://www.visapro.com/Immigration-Articles/?a=1023&z=44

Take a look at the links to help you. Have you changed your address with DHS? You'll need to do that as well since you seem to have formally moved.

Permanent residency means that, you must reside in the US.

Good luck

[engineer21 51]

Question - My husband was given and US Green Card 3 years ago. We moved from the USA to Australia in Jan 2010. Upon getting ready to return for a holiday we started reading, and are now aware we may have missed something. Now we are needing to know if anyone has left the USA and moved abroad while holding a green card and what will happen when we return? We have read a few things -

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 United States for more than 1 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 United States may be considered, even if less than 1 year

•Remain outside of the United States for more than 2 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 United States may be considered, even if less than 1 year

•Fail to file income tax returns while living outside of the United States for any period

•Declare yourself a “nonimmigrant” on your tax returns

We by no means will be living here for longer than 3 years - but with the above being said - does anyone have any advice on this? We have emailed the consulant, but in the meantime need to ease our worried minds.

All the best,

Tammy & Philip

Do you still have residence in the US? A house you guys own?

Anything that ties you to the US? Or have you completely moved and left nothing behind?

You haven't been outside the US for over a year. So IMO your case isn't that bad (yet) right now.

Your husband should return to the US now and apply for a re-entry permit.

He might get a hard time at the port of entry because it has been around 6 months.

When exactly did he get the green card? How often has he been out of the US for long periods of time? maybe he is eligible for naturalization?

[gnasa 3]

I see a couple of potential paths:

1. Come back to US with ample evidence that GC holder has NOT abandoned US residency

- This may be challenging based on the info you've provided

- Looks like a > 6 months OUT of USA < 12 months category, triggers automatic additional questioning (from what I've heard/read)

2. Gain entry, immediately file for a EXPEDITED Re-Entry Permit so you don't have to sit in US waiting for biometrics. (~2-3 weeks, but no guarantee they will expedite)

3. Return/Move to US before Re-Entry permit expires (or apply for another one)

Note: you really should have obtained a Re-Entry permit before traveling/moving/working abroad for >6 months, it is very good evidence that LPR displays "intent to reside in the USA"

OR

1. Surrender Green-Card

2. come to USA as a tourist (Aussie = visa waiver program, up to 90 days in)

3. reapply for US-PR when you want to return from abroad

OR

1. Spouse try's to come into USA and is denied entry (I'm not sure what happens at this point, put on a plane out OR allowed in with an appt. with immigration judge?)

OR

apply for US citizenship under the 3-year GC via spouse rule (I'm not sure if you can do this from abroad)

OR (I'm just shooting blindly)

Spouse works for an "American firm/business" and was transferred to Aussie subsidiary. If this is the case I would apply for US Citizenship immediately under 319(b) category.