living separately before removal of condition

[kirakira 0]

Hello,

I have a couple of questions about condition removal in case that I leave U.S. before getting a 10-year green card. I successfully gained a two-year card in June 2010 by marrige to a naturalized U.S. citizen through AOS from F-1. I am getting a Ph.D in May 2011 and likely to have a job opportunity in my country, Japan, after that. My husband is quite supportive of my career and we personally have no problem living separately. However, I anticipate a visa issue and would like to make sure a couple of things.

(1) Will I lose a possibility of removing conditions if I leave the U.S. permanently before applying for 10-year card?

(2) Will I have a problem to visit the U.S. as a traveler to see my husband (probably a couple of times annually)?

(3) In case I would like to come back to the U.S. to live with my husband together again, is it possible to apply for either 2-year or 10-year card?

I would really appreciate it if somebody could give me some ideas.

Sincerely,

Kirakira

[YuAndDan 153]

1) A green-card is for living and residency in the USA.

Abandoning Permanent Resident Status

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

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

2) Yes problems do happen, POE does notice that it looks like you are not living in the USA, working and living overseas is not US Residency, and can get green-card revoked.

3) Yes, another immigrant visa can be petitioned for, and if married longer than 2 years it will result in a 10 year unconditional card.

Edited January 5, 2011 by YuAndDan

[kirakira 0]

YuandDan

Thank you very much for your quick reply. It is quite helpful. As for questions 2, I mean that coming back to U.S. after my 2-year card expiration as a visitor for less than maximum days allowed to stay. As long as I could come see my husband a couple of times per year, I know that I will not need permanet residency.

Thanks,

Kirakira

[YuAndDan 153]

YuandDan

Thank you very much for your quick reply. It is quite helpful. As for questions 2, I mean that coming back to U.S. after my 2-year card expiration as a visitor for less than maximum days allowed to stay. As long as I could come see my husband a couple of times per year, I know that I will not need permanet residency.

Thanks,

Kirakira

Cool, yes should be able to visit on VWP. Have good and solid evidence will not overstay and return to Japan, a letter from employer, apartment lease etc..

Some info: http://travel.state.gov/visa/temp/without/without_1990.html#countries

[Christi85 86]

Hi,

1) Even if you left the US permanently after you'd received your 10-year card you would have issues keeping your Permanent Resident status if you stayed outside the US for more than a year, or even less than that. Only US citizenship would basically allow you to leave the US indefinitely and come and go as you wish. All other statuses are subject to specific regulations which you must obey if you want to keep your right to US residency.

Re removal of conditions, have you actually thought that you may face the additional problem of a big red flag if USCIS finds that you and your husband are living in different countries? This will make them question the legitimacy and validity of your marriage and can seriously complicate your case.

2) Not sure about that, but it's quite likely.

3) Yes it is possible, but would it be worth going through the whole procedure all over again and paying all this money again?

[kirakira 0]

YuandDan

Thanks again for your quick and helpful answer. I really really appreciate it.

Best,

Kirakira