Seeking advice on ROC from abroad or to surrender residency

[gnasa 3]

Hi All,

I'd like to hear others opinions about the options for my wife's conditional residency that expires on 7/30/2012.

The Background Info: Wife adjusted status from student to LPR via marriage to me (US citizen). My work transferred us Europe approximately 1 month after GC arrived for a temporary 2-3 year assignment. So we obtained a Re-Entry Permit to aid our argument that she has maintained the intent to reside in the US if we should ever need to (we haven't had any problems entering US as of yet). The time has come to remove conditions on her GC. Note the REP has the same expiration date as her conditional GC. My position intends to keep me abroad for another year or so (or I may end up switching jobs to another overseas employer).

Option 1: Apply to remove conditions from abroad and possibly have it placed on overseas hold. Can someone elaborate what exactly overseas hold is and how long this status can be maintained? How does one re-enter the US with an expired conditional GC coupled with an expired REP with a status of overseas hold? OR it may not be placed on overseas hold and we attend biometrics/interview when they are scheduled. Then potentially get another REP when armed with new GC. Costs - ~$600 for ROC app, flights to USA for biometric and possibly another for interview. This option allows us flexibility to return to US without delay.

Option 2: Surrender Green Card before it expires. Then re-apply via DCF or the normal method (dependent on where we are) when we move back to USA. I imagine this will require us to forecast our plans/move a year or so out. Costs - ~$1000-2000 for GC application. This option means we cant return to USA without re-obtaining GC first, I imagine this take a minimum of 6 months.

I know and have read plenty that a 'GC is for only people who want to reside in the USA' - please spare us all if that is your only comment. Re-Entry permits and overseas holds are direct examples that USCIS recognizes that a LPR may be abroad for an extended period of time.

[VanessaTony 3,567]

Hi All,

I'd like to hear others opinions about the options for my wife's conditional residency that expires on 7/30/2012.

The Background Info: Wife adjusted status from student to LPR via marriage to me (US citizen). My work transferred us Europe approximately 1 month after GC arrived for a temporary 2-3 year assignment. So we obtained a Re-Entry Permit to aid our argument that she has maintained the intent to reside in the US if we should ever need to (we haven't had any problems entering US as of yet). The time has come to remove conditions on her GC. Note the REP has the same expiration date as her conditional GC. My position intends to keep me abroad for another year or so (or I may end up switching jobs to another overseas employer).

Option 1: Apply to remove conditions from abroad and possibly have it placed on overseas hold. Can someone elaborate what exactly overseas hold is and how long this status can be maintained? How does one re-enter the US with an expired conditional GC coupled with an expired REP with a status of overseas hold? OR it may not be placed on overseas hold and we attend biometrics/interview when they are scheduled. Then potentially get another REP when armed with new GC. Costs - ~$600 for ROC app, flights to USA for biometric and possibly another for interview. This option allows us flexibility to return to US without delay.

Option 2: Surrender Green Card before it expires. Then re-apply via DCF or the normal method (dependent on where we are) when we move back to USA. I imagine this will require us to forecast our plans/move a year or so out. Costs - ~$1000-2000 for GC application. This option means we cant return to USA without re-obtaining GC first, I imagine this take a minimum of 6 months.

I know and have read plenty that a 'GC is for only people who want to reside in the USA' - please spare us all if that is your only comment. Re-Entry permits and overseas holds are direct examples that USCIS recognizes that a LPR may be abroad for an extended period of time.

I would personally give up the GC BUT... this means it will be harder to visit the US while you're living overseas.

Basically file for ROC and hopefully it'll all go okay. If it DOESN'T (they determine you've been out too long or whatever) then you wasted the money on ROC.

If you have no immediate plans to return to the US I would give up the card and apply for a B2 visitors visa for her (which should be relatively easy given she gave up her card rather than having it revoked). Then as you said re-apply before you move back to the US and she'll get a 10 year card on entry. Then 3 years after she moves back to the US she can apply for USC and never have to worry about immigration again.

The reason for my advice is because having the card revoked for abuse of LPR status is MUCH worse than giving it up, it shows her willingness to follow US law. Yes you're right REP's exist but thy are NOT a guaranteed entry and at any stage they can decide that she's not been maintaining LPR status (I assume you've been filing US taxes and maintain an address is the US among other things) and take her card. I wouldn't want that fear following me around.

[Anh map 2,098]

From what you are saying the B2 option that Vanessa laid out makes more senses until you're sure that you will be living in the US for a few years. Then go DCF (if available) / I-130 for the GC.

[himher 634]

We were in the same shape you were. We chose to surrender the green card a few days before it expired (even though we started ROC / already got the extension letter) then re-file a few months before we wanted to permanently return to the US

You can file for ROC if you still have good evidence of US address/residency which in our case included paying state income taxes even though I was working overseas, all in the spirit of maintaining residency. All of our leave time was spent in the US and that sucked so we decided to stay out of the US / travel other places for about a year and a half.

It was easy to re-file DCF and get a new IR1 and green card. Maintaining residency was just too much trouble <grin surrendering saved tax $$ anyway>

Downside, as was stated earlier, is that there is a chance that you cannot travel together to the US. Depends on the time of day and mood as to whether your wife can either get a visa or get through POE without one. We were in the gray area and never even tried (Bali is WAY better than any US destination when you get time off)

We filed by preparing the package, forwarding to my parents, then they took the envelope out of the FEDEX package and mailed it.

Hi All,

I'd like to hear others opinions about the options for my wife's conditional residency that expires on 7/30/2012.

The Background Info: Wife adjusted status from student to LPR via marriage to me (US citizen). My work transferred us Europe approximately 1 month after GC arrived for a temporary 2-3 year assignment. So we obtained a Re-Entry Permit to aid our argument that she has maintained the intent to reside in the US if we should ever need to (we haven't had any problems entering US as of yet). The time has come to remove conditions on her GC. Note the REP has the same expiration date as her conditional GC. My position intends to keep me abroad for another year or so (or I may end up switching jobs to another overseas employer).

Option 1: Apply to remove conditions from abroad and possibly have it placed on overseas hold. Can someone elaborate what exactly overseas hold is and how long this status can be maintained? How does one re-enter the US with an expired conditional GC coupled with an expired REP with a status of overseas hold? OR it may not be placed on overseas hold and we attend biometrics/interview when they are scheduled. Then potentially get another REP when armed with new GC. Costs - ~$600 for ROC app, flights to USA for biometric and possibly another for interview. This option allows us flexibility to return to US without delay.

Option 2: Surrender Green Card before it expires. Then re-apply via DCF or the normal method (dependent on where we are) when we move back to USA. I imagine this will require us to forecast our plans/move a year or so out. Costs - ~$1000-2000 for GC application. This option means we cant return to USA without re-obtaining GC first, I imagine this take a minimum of 6 months.

I know and have read plenty that a 'GC is for only people who want to reside in the USA' - please spare us all if that is your only comment. Re-Entry permits and overseas holds are direct examples that USCIS recognizes that a LPR may be abroad for an extended period of time.

[gnasa 3]

We're leaning towards abandoning the GC. It also doesn't appear we'll be able to use the DCF process to obtain a new one based on our location.

Before we abandon, I'd like to hear from folks who live/work abroad and strategies how they fulfill the affidavit of support for a new GC application. It seems to me that if your a US citizen living/working abroad and want to move back with your family to the USA, AND AVOID BEING SEPARATED FOR MONTHS/YEARS, you need to have significant financial assets in the US or have another US citizen sponsor your spouse.

[sib 7]

Did you file federal US taxes while you are residing overseas?

Did you file state taxes while you are residing overseas?

Do you maintain a US residency (house, condo, etc.)?

Do you have US bank account(s)?

Do you (and your wife) still have a US driver's license with your residency address?

If so, I would try to file ROC, go to the biometrics and hope not to get called for an interview! Most ROCs are adjudicated without interview, you might get lucky.

According your other question: You need to provide evidence how you support your live in US, so you will need a job, a house or appartment, etc. lined up.

I also think this is a pretty harsh requirement especially for somebody wanting to relocate from abroad, but nothing you can do about.

Read in the guides what you are required to proof.

Wishing you luck

Sib