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pargi1

Question Regarding removing conditional Residency

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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

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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.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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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.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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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.


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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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.

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