Can K1 couple move out of US with 2 yr GC and come back?

[Rito 28]

Hello VJ:

My husband got his two-year greencard from a K1 visa in August 2010. He moved to the US and married me in August 2010. We're now looking at our future and options and are considering moving to London as soon as a year from now. My question is what this could do to our removal of conditions, green card, and possible future (dual) citizenship for him. Would the petition be abandoned, and if we wanted to move to the US later we'd have to file something else entirely in the future as a couple that's been married over two years?

By the time we moved back, I might be a dual citizen as well, if that's relevant.

Needless to say, after the K1 process, we really don't want to be forced to separate again if we can help it.

Thanks VJ!

- rito (USC)

[Deputy Purple 1,294]

Moving out of the US would be abandoning his residency unless he is working for the US Gov't (or maybe some contractors of the US Gov't).

The proper thing for you to do:

If you will be gone less than 2 years: Apply for a re-entry permit.

If you will be gone longer than 2 year: Look into a SB-1 (returning Resident Status) Visa.

You will be able to apply before your return so there is no separation.

[Harpa Timsah 13,258]

Hello VJ:

My husband got his two-year greencard from a K1 visa in August 2010. He moved to the US and married me in August 2010. We're now looking at our future and options and are considering moving to London as soon as a year from now. My question is what this could do to our removal of conditions, green card, and possible future (dual) citizenship for him. Would the petition be abandoned, and if we wanted to move to the US later we'd have to file something else entirely in the future as a couple that's been married over two years?

By the time we moved back, I might be a dual citizen as well, if that's relevant.

Needless to say, after the K1 process, we really don't want to be forced to separate again if we can help it.

Thanks VJ!

- rito (USC)

You can apply for a reentry permit before you leave that will be valid for two years or until his GC expires, which ever is sooner (I am guessing the GC expiring). You CAN file for ROC from outside the country, but you are responsible for travelling back to the US to comply with all interviews and biometrics (I don't know what the ramifications of this are, but it is explicitly stated in the law that you can do so; I can link but am lazy right now ). His citizenship clock would stop once you leave and have to be restarted. If you get UK citizenship /residency you could also turn in his GC and file for IR-1 directly through the consulate when you want to move back. That would be a shorter wait than the normal IR-1 process which is sort of like what you went through with K-1.

Those are the facts... what to do in your situation depends on how long you are planning to leave. I can imagine a situation where a couple wants to leave for a year but in the middle they need to file for ROC. You can get a reentry permit good for two years, but it will expire when the GC expires. Let's say before that you apply for your ROC, you will get an extension letter that will permit you to travel, but you would lose your reentry permit. I suppose you would be traveling back and forth for your ROC appointments (and I believe the law states they must let you back in for that), but after that, I don't really know how "abandonment or residency" might apply. Good luck!

Edited November 8, 2010 by Harpa Timsah

[Rito 28]

By the way, I meant that he entered and we married in May, not August.

[Rito 28]

You can apply for a reentry permit before you leave that will be valid for two years or until his GC expires, which ever is sooner (I am guessing the GC expiring). You CAN file for ROC from outside the country, but you are responsible for travelling back to the US to comply with all interviews and biometrics (I don't know what the ramifications of this are, but it is explicitly stated in the law that you can do so; I can link but am lazy right now ). His citizenship clock would stop once you leave and have to be restarted. If you get UK citizenship /residency you could also turn in his GC and file for IR-1 directly through the consulate when you want to move back. That would be a shorter wait than the normal IR-1 process which is sort of like what you went through with K-1.

Those are the facts... what to do in your situation depends on how long you are planning to leave. I can imagine a situation where a couple wants to leave for a year but in the middle they need to file for ROC. You can get a reentry permit good for two years, but it will expire when the GC expires. Let's say before that you apply for your ROC, you will get an extension letter that will permit you to travel, but you would lose your reentry permit. I suppose you would be traveling back and forth for your ROC appointments (and I believe the law states they must let you back in for that), but after that, I don't really know how "abandonment or residency" might apply. Good luck!

Thanks very much Harpa. It sounds like if we're not sure how long we'll be gone, we could still file for ROC with a reentry permit - even if we don't live in the US - and still get a 10 year greencard?

IR-1 sounds like the thing we file when we want to return to the US, no matter when that is.

We'd probably be leaving for over five years.

Because Britain is in the Visa Waiver Programme, we really wouldn't need to file anything for visits... just for him to move back. I guess that's the IR-1.

[Deputy Purple 1,294]

Thanks very much Harpa. It sounds like if we're not sure how long we'll be gone, we could still file for ROC with a reentry permit - even if we don't live in the US - and still get a 10 year greencard?

IR-1 sounds like the thing we file when we want to return to the US, no matter when that is.

We'd probably be leaving for over five years.

Because Britain is in the Visa Waiver Programme, we really wouldn't need to file anything for visits... just for him to move back. I guess that's the IR-1.

If you're going to be gone that long then he should just abandon the LPR Status and when you return to live in the US you can file DCF for his IR-1.

Filing ROC while living out of the US wouldn't be honest as he doesn't have intentions of living in the US.

He might have issues with VWP entries being married to a US Citizen, he should always bring proof of strong ties to UK (home, job to return to, maybe even proof of your UK residency once you have it).

[Harpa Timsah 13,258]

Thanks very much Harpa. It sounds like if we're not sure how long we'll be gone, we could still file for ROC with a reentry permit - even if we don't live in the US - and still get a 10 year greencard?

IR-1 sounds like the thing we file when we want to return to the US, no matter when that is.

We'd probably be leaving for over five years.

Because Britain is in the Visa Waiver Programme, we really wouldn't need to file anything for visits... just for him to move back. I guess that's the IR-1.

You're welcome. I suppose you could still technically file for ROC but eventually he would abandon his LPR status anyway so what's the point? You are not obligated to file ROC if you don't require your LPR status any longer. I would abandon his status and then file IR-1 through the embassy when it's time to move back, much simpler. There is no need to retain his GC if he doesn't want to live in the US, and it won't hurt your IR-1 application down the line (it would probably help it being a former GC holder actually). Good luck!

Edited November 9, 2010 by Harpa Timsah

[Deputy Purple 1,294]

Don't forget to actually surrender the Green Card and file the form for abandoning his residency. There have been cases (here on VJ even) where a LPR left the US before ROC (never filed) and were deported in absentia because USCIS had no idea they had left. This would cause complications when later filing for IR-1 Visa.