To surrender GC or not?

[gnasa 3]

Hi All,

I'm looking for advice and help understanding all the options to either maintain LPR status or surrender or other possibilities while temporarily working abroad. Story goes like this:

1. I'm a US citizen, my wife has a conditional green card (AOS from F-1)
   
2. my company has transferred me to work abroad for the next ~2 years
   
3. we applied for and were awarded a re-entry permit, but never actually received it
   
4. my understanding is the re-entry permit would be valid until her conditional green card expires
   
5. After several emails and an infopass appointment at embassy abroad, USCIS claims that it was not returned to them as 'undeliverable' and so it is our fault that we never received it. Thus, if we are to get a re-entry permit we need to reapply from within the US.
   

We've been out of US for ~6 months so far. We have a vehicle and active bank acounts but no residence or utility bills of our own within the US, so I fear USCIS will deem my wife has abandoned her residency without a re-entry permit (guaranteed if she is out more than 365 days). I'm at a loss what to do now.

• My company will most likely not reassign me back to the US within the next year.
  
• I've investigated a 319b naturalization, but couldn't determine successfully if I work for and "American" company.
  
• If we surrender the green card voluntarily, my wife should be able to visit the US up to 3 months at a time. But what happens when we are ready to move back to US permanently? When we reapply for a green card are we going to have to jump through even more hoops? and how is the process different if done from abroad?
  
• Or, if we somehow manage to maintain intent to reside within US and keep the green card, can we remove conditions from abroad? I've heard something about an 'overseas hold' process, can someone with experience offer any tips?
  

Thanks for your input!

[Brother Hesekiel 2,235]

Your wife's immigration process is like a nuclear chain reaction: once initiated it goes through the stages of immigrant visa, Green Card, ROC, Second Green Card, naturalization. Thereafter the process is completed and you can take off the hard hats.

Interrupting this process is always bad. It's like trying to guide a runaway train onto a different rail system. Before I can respond with a meaningful strategy in your particular case, I would need precise dates on when your wife became a resident, when you left for Australia, and when her Green Card expires.

Upfront, the AP application is in the system and she can't naturalize based on 319b.

[gnasa 3]

Before I can respond with a meaningful strategy in your particular case, I would need precise dates on

when your wife became a resident - 7/30/10

when you left for Australia - Left for Italy: 8/23/10

and when her Green Card expires - 7/30/12

[gnasa 3]

Sorry for the bump! Any advice anyone?

[Barbara J 115]

Sorry for the bump! Any advice anyone?

As far as I am aware you can file for ROC from overseas but she would have to come back for interview and the fact that you wont be back for at least another year she needs to make visits to the states so that they see she has not abandoned her GC status.

Not sure why you need a re entry permit as she has her GC now and that's all she needs to re enter here. As far as abandoning it your kidding me right. If you let it go and you think she can visit 3 months at a time yes you wil have to jump through more hoops as even though she is your wife if you let this GC go you would have to come back to the states and file a CR1(spousal visa) to get her back here to stay. This is my understanding as she would not have any legal residence here.

[Brother Hesekiel 2,235]

Before I can respond with a meaningful strategy in your particular case, I would need precise dates on

when your wife became a resident - 7/30/10

when you left for Australia - Left for Italy: 8/23/10

and when her Green Card expires - 7/30/12

Sorry,

didn't follow up on this.

You guys left for Italy about 4 weeks after your wife got her (conditional) 2-year Green Card. Thus, she not really spent any time as a resident in the US. She has to file for ROC between April and July of next year. For this there are two approaches, and you decide which one makes more sense for your particular case. Don't forget to add the cost of airplane tickets into the calculation.

1) Wife flies back to the US very soon. Spends some time there, ideally a couple of months or longer. Gets a Reentry permit, leaves again and returns in time for ROC.

My problem with this is that you'll encounter most likely problems at the ROC stage, as you guys did not live together in the US and as she did not reside in the US either, which is what a resident is supposed to do. Thus you'd have to spend at least twice the money on a roundtrip ticket, plus accomondations in the US for several weeks if not months.

2) She surrenders her Green Card and you apply for a new one via DCF when the time comes to move back.

I agree with Barbara that giving up that shiny Green Card is not an easy thing to do. Frankly, I don't know what I would do if I were to walk in your wife's shoes. I'd be reluctant to give it up, but I don't really have much hope that you will be able to pull of the ROC anyway. Thus you'd spend money on airfaire, accomodations, and the ROC application itself. The DCF comes much cheaper, no doubt.

[gnasa 3]

JustBob - Yes, unfortunately the previous 8 years my wife spent in US (under F-1: college BS-PhD) doesn't count towards anything because she was not a resident during that time. Thanks for your input, I have to look into ROC and DCF and understand it more before any decision.