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kirakira

living separately before removal of condition

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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

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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 by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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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

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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


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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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?


My CR1 timeline (DCF London):
June 26, 2010 - civil wedding
Aug 2, 2010 - I-130 package mailed to the London Consulate (DCF)
Aug 9, 2010 - NOA1 (confirmation of receipt) via email
Sep 4, 2010 - religious wedding
Oct 21, 2010 - NOA2
Nov 25, 2010 - Case number received in the mail
Nov 29, 2010 - Medical
Dec 1, 2010 - DS-230I & DS-2001 forms mailed back
Feb 1, 2011 - Interview - APPROVED!!!
Feb 7, 2011 - Passport with Visa received via courier
June 7, 2011 - POE Los Angeles (LAX)
June 18, 2011 - 2-Year Green card received in the mail!!!

My ROC journey:
April 2, 2013 - I-751 package mailed to California Service Center

April 3, 2013 - NOA1 date
April 8, 2013 - check cleared
May 6, 2013 - Biometrics completed

July 25, 2013 - 10 year green card APPROVED!! (notification via text and email, and website updated)

July 29, 2013 - ROC approval letter received in the mail

July 31, 2013 - 10 year green card received in the mail!!!

My N-400 journey:

March 19, 2014 - N-400 package mailed to Phoenix, AZ Lockbox

March 24, 2014 - NOA1 date and Priority Date

March 27, 2014 - Check cleared

April 21, 2014 - Biometrics done

May 7, 2014 - In line for interview

June 23, 2014 - Scheduled for interview

July 28, 2014 - Interview - PASSED!!

July 30, 2014 - In line for oath

July 31, 2014 - Scheduled for oath

Aug 2, 2014 - Oath letter received

Aug 27, 2014 - Oath ceremony, I am a US citizen!!!

Sep 11, 2014 - US passport received

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