Question Regarding removing conditional Residency

[pargi1 0]

Hi all -

I was just wondering if anyone knew whether you have to be living in the US to remove the condition residency and become a permanent resident. My husband and I were married over a year ago, but he only arrived in March, which from what we understand means that we have until March of 2013 before removing the condition from his residency. We are thinking of returning to South Africa for school, and wanted to check if we had to wait until after March 2013 to leave or else risk starting the process over again? Or is there a way that we can move their for school with the intention of moving back after a few years and not have to reapply for his visa.

Any information about this would be super helpful!

Cheers,

Catherine

[milimelo 4,166]

Moving to Removal of conditions forum.

Don't think you can ROC while being outside - only military personnel's family can ROC from overseas as the base is considered US soil.

If you want to be outside the US for extended periods of time either wait for spouse to obtain citizenship or give up the GC and reapply when you're ready to stay in the US until naturalization.

[Done--Really 331]

This is a very good article--explains everything you need to know

http://www.antaoandchuang.com/i-keeping.html

[Brother Hesekiel 2,235]

This is a very good article--explains everything you need to know

http://www.antaoandc.../i-keeping.html

No it isn't.

The article was written when there was still an INS, back in the Reagan days, way before 911, when everything was way more lax and people actually could use the Green Card to visit the US without being bend over and kicked in the buttocks.

Nowadays and with the general use of a Federal Computer system that actually works, the recipe stated in the article--basically a way to avoid losing one's Green Card when living abroad--is totally outdated. Anybody assuming what has been described there would work is solely mistaken.

[rika60607 215]

Apart from the article being old, the suggestions in it seem to be quite solid.

Did you not like any of them?

Why?

No it isn't.

The article was written when there was still an INS, back in the Reagan days, way before 911, when everything was way more lax and people actually could use the Green Card to visit the US without being bend over and kicked in the buttocks.

Nowadays and with the general use of a Federal Computer system that actually works, the recipe stated in the article--basically a way to avoid losing one's Green Card when living abroad--is totally outdated. Anybody assuming what has been described there would work is solely mistaken.

[Otto 83]

To remove conditions on residency - you have to:

1. Still be married (there are exceptions) and
   
2. Maintain a residency in the US. and
   
3. File from within the US (unless active duty military or certain government employed positions)
   

The article linked above more/less mirrors what USCIS says on the matter.

There are things you could try to do; such as filing for re-entry permits and all the other things listed, but in the end, it may be a difficult ball to juggle long-term. At least for most folks - its difficult to live in two places.

The 2013 date really doesn't (IMO) have too much of an effect here - meaning your husband is now a permanent residence (just with the marriage condition) so having a 10-year (non-conditional) card/status doesn't alleviate the need to maintain residency. If that makes sense.