Postpone Citizenship???

[Paf 0]

My wife came here on a K-1 Visa and has her green card already. What if we want to postpone the citizenship? We would like to live in the U.S. 1 or 2 years and in the Philippines 1 or 2 years at a time. What would happen if we left for a year or two? Would we have to start over? Would it be easy to return?

[Inky 1,110]

You have to apply for a re-entry permit if you plan on leaving for a year or more. If you do not you will abandon the green card and LPR status.

You don't say when she got the green card or if its a 10 year card.

If you have a 2 year card you must file removal of conditions and you still have quite a while before you can even be eligible to apply for citizenship.

[Paf 0]

You have to apply for a re-entry permit if you plan on leaving for a year or more. If you do not you will abandon the green card and LPR status.

You don't say when she got the green card or if its a 10 year card.

If you have a 2 year card you must file removal of conditions and you still have quite a while before you can even be eligible to apply for citizenship.

It is a 2 year card we just got in September. How do we get a re-entry permit? We are not sure how long it will be. It could be 6 months or 2 years. Will it matter if we are not sure?

[Inky 1,110]

It is a 2 year card we just got in September. How do we get a re-entry permit? We are not sure how long it will be. It could be 6 months or 2 years. Will it matter if we are not sure?

Yes because a green card is for living in the USA not outside the USA. Even leaving for 6 months the CBP can take your card away when you try to enter if you are asked for a re-entry permit and do not have one.

She cant apply for citizenship for 3 years anyways and still has to file removal of conditions to get a 10 year card after her 2 year card - you have quite a ways to go... and shouldn't even be worrying about US citizenship right now.

[Paf 0]

Yes because a green card is for living in the USA not outside the USA. Even leaving for 6 months the CBP can take your card away when you try to enter if you are asked for a re-entry permit and do not have one.

She cant apply for citizenship for 3 years anyways and still has to file removal of conditions to get a 10 year card after her 2 year card - you have quite a ways to go... and shouldn't even be worrying about US citizenship right now.

Ok I think I got it. We can leave at this time with no problem for a year as long as we have a re-entry permit. If not then we have a problem. Do you know the form number for the re-entry permit or know how long it take to get it? The biggest thing is we dont want to have to re aply for k-1 or k-3 and have to wait to even come back to the U.S.

Edited February 28, 2012 by Paf

[Inky 1,110]

Ok I think I got it. We can leave at this time with no problem for a year as long as we have a re-entry permit. If not then we have a problem. Do you know the form number for the re-entry permit or know how long it take to get it? The biggest thing is we dont want to have to re aply for k-1 or k-3 and have to wait to even come back to the U.S.

I-131 form will get you the re-entry permit.

If you are gone for 2 years remember you have to file removal of conditions 90 days before the 2 year green card expires - she will need to be in the USA for the biometrics appointment as well.

Removal of Conditions needs 2 years of evidence of relationship and co-mingling finances.

Take a look at the ROC forms and ROC guide on VJ here just so you are aware of what needs to be done.

[Paf 0]

I-131 form will get you the re-entry permit.

If you are gone for 2 years remember you have to file removal of conditions 90 days before the 2 year green card expires - she will need to be in the USA for the biometrics appointment as well.

Removal of Conditions needs 2 years of evidence of relationship and co-mingling finances.

Take a look at the ROC forms and ROC guide on VJ here just so you are aware of what needs to be done.

We got her a AP(I-131) before she had a green card. is that one good or do we need to get a new one now that she has a green card?

[DanTes 21]

My wife came here on a K-1 Visa and has her green card already. What if we want to postpone the citizenship? We would like to live in the U.S. 1 or 2 years and in the Philippines 1 or 2 years at a time. What would happen if we left for a year or two? Would we have to start over? Would it be easy to return?

I would say wait for 3 years and get her U.S. citizenship first, then her dual, and you're good to go. She could visit the Philippines in the meantime for a month or so at a time with no problems. With her dual, she can sponsor you for ACR.

[Penguin_ie 5,984]

I would say wait for 3 years and get her U.S. citizenship first, then her dual, and you're good to go. She could visit the Philippines in the meantime for a month or so at a time with no problems. With her dual, she can sponsor you for ACR.

[NickD 202]

Yet to meet anyone that received their ten year card within that 90 day time frame when applying for the I-751, including ourselves. Receive a one year extension notice you are suppose to carry with your expired conditional card. We, with pressure received that ten year card just ten days before my wife's interview, but see others never even saw that ten year card.

Can tell you, sure can get nervous if even leaving the country for a couple of weeks with that one year extension, wondering if they would let you come back in or not with it. But don't recall the USCIS asking how many days you were out during that extended period. But they sure make a major issue out of it when applying for the N-400.

Another alternative is just to stay in that home country, thought about that too. Especially if they make you feel, welcomed.

[warlord 72]

And remember a re-entry permit just allows one to come back into the US under a Green Card if they still qualify. There are certain things one can do (work for certain jobs and such) that will still allow for them to revoke the GC.

Also a re-entry permit doesn't do anything to preserve your residency timeline. That will be reset each time making it pretty much impossible to get citizenship by the way you are thinking.

Doing the re-entry once is one thing, trying to do it multiple times in the course of a few years is bound to cause big issues down the road.

Remain in the US, get the citizenship taken care of and secured, then go overseas to where ever you want to.

But if you do this once, then you have to get a re-entry permit, even if that still may not make you 100% clear to re-enter (depending on the nature of the time spent outside the US)...

[Paf 0]

We got her a AP(I-131) before she had a green card. is that one good or do we need to get a new one now that she has a green card?

Does anyone know if we can use the AP we got before we got the green card or do we need to get a new one now that we have a green card?

[ceadsearc 515]

No, you can't. The form is the same (I-131) but AP is NOT a Re-entry permit. You need to apply and specify re-entry permit.

Edited February 28, 2012 by ceadsearc

[Inky 1,110]

Does anyone know if we can use the AP we got before we got the green card or do we need to get a new one now that we have a green card?

No the AP is no longer valid you have a green card. AP is not a re-entry permit anyways. If you left for 6 months - a year and tried to use it they would take away the green card and send her packing. You would go home alone and she would sit in custody in the airport with ICE until she was put on the next flight back to her country.

Edited February 28, 2012 by Inky

[Leatherneck 693]

Does anyone know if we can use the AP we got before we got the green card or do we need to get a new one now that we have a green card?

It appears you guys need to due a little reading and inform yourselves about "Maintaining Permanent Residence."

Read this and this.