2 year work contract abroad

[Bubble3 0]

i came in on a K1 visa, married, then AOS'd. I am currently on a Conditional GC which expires next June.

My husband who is the US Citizen has been offered a 2 year contract abroad, starting feb 1st 2011.

we are currently waiting for his visa to be approved.

i am do to have the conditions lifted off my GC in June '11.

What are my options?

Can i somehow keep my GC (without surrendering it), as we have a 2 year contract?

[Harpa Timsah 13,258]

Yes, you can apply for a reentry permit which lets you leave the country for 2 years. You can also remove your conditions while temporarily residing abroad, but you are responsible for making the trips back to the US for your fingerprint appointment and interview if you have one.

I was curious about this before so I read through the laws (giant US. gov document... can't remember the exact title) and that's what it said. Good luck!

[Bubble3 0]

Yes, you can apply for a reentry permit which lets you leave the country for 2 years. You can also remove your conditions while temporarily residing abroad, but you are responsible for making the trips back to the US for your fingerprint appointment and interview if you have one.

I was curious about this before so I read through the laws (giant US. gov document... can't remember the exact title) and that's what it said. Good luck!

hi harpa, Timsah,

thanks so much for the information.

just a question about the re-entry permit :

- when do i file for that? (from in the USA or from abroad)

- will i need a copy of my husbands contract; showing the 2 year contract?

and a question about lifting the conditions whilst abroad temporarily

-if i do this and they request more fingerprinting and an interview can i have this done abroad; at the US consulate in the foreign country? or does it have to be done in america?

...is this a bit risky (lifting the conditions from abroad), versus surrendering your GC and then filing a CR-2 in the event that we come back after 2 years?

thanks!!!

[JimVaPhuong 4,863]

hi harpa, Timsah,

thanks so much for the information.

just a question about the re-entry permit :

- when do i file for that? (from in the USA or from abroad)

- will i need a copy of my husbands contract; showing the 2 year contract?

and a question about lifting the conditions whilst abroad temporarily

-if i do this and they request more fingerprinting and an interview can i have this done abroad; at the US consulate in the foreign country? or does it have to be done in america?

...is this a bit risky (lifting the conditions from abroad), versus surrendering your GC and then filing a CR-2 in the event that we come back after 2 years?

thanks!!!

You have a problem with the duration of validity of a reentry permit. They are valid for two years from the date they are issued OR until you are required to file for removal of conditions - whichever date comes first. Even if you get a reentry permit, it will be set to expire when your conditional green card expires. You cannot get a re-entry permit that will be valid beyond the expiration date of your conditional green card. You also cannot file for a reentry permit from outside the US, though you can leave the US before it's approved if you request the approved permit to be sent to a US consulate.

I suggest you travel with your husband, but return to the US to file your removal of conditions. You'll need his signature on the I-751. He should return to the US for the interview. Once your unconditional green card is in hand, you can submit an I-131 for a reentry permit with a request that the permit be sent to US consulate abroad for you to pick up, and then leave to rejoin your husband abroad. If, for some reason, the reentry permit is not approved then you must not stay outside the US for more than 1 year or you'll need to get a returning resident visa in order to return.

[Harpa Timsah 13,258]

hi harpa, Timsah,

thanks so much for the information.

just a question about the re-entry permit :

- when do i file for that? (from in the USA or from abroad)

- will i need a copy of my husbands contract; showing the 2 year contract?

and a question about lifting the conditions whilst abroad temporarily

-if i do this and they request more fingerprinting and an interview can i have this done abroad; at the US consulate in the foreign country? or does it have to be done in america?

...is this a bit risky (lifting the conditions from abroad), versus surrendering your GC and then filing a CR-2 in the event that we come back after 2 years?

thanks!!!

You file for the reentry permit before you leave the US. (if you are leaving in Feb, probably now).

I am not sure what you need to show for that, but I'd say probably.

All appointments are your responsibility in the US. Fingerprints, interviews... anything. No option to do anything abroad for that.

I am not sure if it is risky. I'd think it's not if you have a reentry permit and a good reason to be gone and a solid plan. It is the policy from their own laws, as I stated. But yes, it is unusual. You can also surrender your GC and re-apply for IR-1 when it's time to come back if you want. That is totally fine too, and probably cheaper (no flights to make). Good luck whatever you decide!

EDIT: Thanks Jim, I did not know that the reentry permit is only good through the expiry on the conditional GC.

Edited November 1, 2010 by Harpa Timsah

[JimVaPhuong 4,863]

EDIT: Thanks Jim, I did not know that the reentry permit is only good through the expiry on the conditional GC.

It's in the I-131 instructions, "Who may file form I-131", section 1.B.2:

"A Reentry Permit issued to a conditional resident shall be valid for 2 years from the date of issuance, or to the date the conditional resident must apply for removal of the conditions on his or her status, whichever date comes first."

[Bubble3 0]

great thanks for all the information.

it looks like we have a few decisions to make in the next few weeks.

who would have thought that after it taking this long to come to the usa, we would now consider leaving.

life sure does throw curve balls!!!

thanks again.