Green Card Help!

[Soneshka 0]

So my Husband has a conditional Green Card, and he'll have to renew it in two years (came her on k1 then adjusted his status). He's from Australia and after being in the States for a year we've realized that we prefer living in Australia. We plan on leaving in a year, but we're worried about the process of renewing his Green Card to the 10-year status. If we leave the country can he still renew his Green Card, or would he return to having no immigration status? We'd still like the option to come back here in the future. Basically we'd be leaving before he would have to renew his Green Card, and I'm wondering if there is an option to renew it abroad or a way to get his status back after a long period of time.

I'm sorry this all sounds really confusing but it's hard to explain, So thanks for any and all help!

-Sophie

[Stann 3]

No way to renew it overseas and he can't keep it if he intends to live in another country anyway, its purpose is to live in the US. The correct process would be for him to turn it in therefore abandoning his Permanent Resident status. Then he will not have any problems if ever you want to come back to the US. This is exactly what I did, when we moved back to the UK for a couple of years I mailed my temp 2 year green card to the embassy in London who sent me an official notice / receipt, then when we were ready to move back to the US I went through the IR1 process and got my 10 year green card no problem, now we live back in US.

[aleful 1,905]

So my Husband has a conditional Green Card, and he'll have to renew it in two years (came her on k1 then adjusted his status). He's from Australia and after being in the States for a year we've realized that we prefer living in Australia. We plan on leaving in a year, but we're worried about the process of renewing his Green Card to the 10-year status. If we leave the country can he still renew his Green Card, or would he return to having no immigration status? We'd still like the option to come back here in the future. Basically we'd be leaving before he would have to renew his Green Card, and I'm wondering if there is an option to renew it abroad or a way to get his status back after a long period of time.

I'm sorry this all sounds really confusing but it's hard to explain, So thanks for any and all help!

-Sophie

he would loose his GC and you would have to start all over. or wait to move in 3 years, have him remove conditions and file a reentry permit that would allow him to live abroad for 2 years without loosing his residency.

[theunknown 5]

No Way. He simply wont be a resident in the states so how would he be able to get a residency

[Soneshka 0]

No way to renew it overseas and he can't keep it if he intends to live in another country anyway, its purpose is to live in the US. The correct process would be for him to turn it in therefore abandoning his Permanent Resident status. Then he will not have any problems if ever you want to come back to the US. This is exactly what I did, when we moved back to the UK for a couple of years I mailed my temp 2 year green card to the embassy in London who sent me an official notice / receipt, then when we were ready to move back to the US I went through the IR1 process and got my 10 year green card no problem, now we live back in US.

Thank You! That's exactly the kind of thing I was hoping we could do, I just couldn't find any info on this kind of situation! Thanks for the help!

-Sophie

Edited June 30, 2012 by Soneshka

[canadian_wife 1,802]

If you can put it off until he's been a resident for 3 years he can apply for citizenship and you guys can not worry about entrance back into the US

Good luck

[Stann 3]

Thank You! That's exactly the kind of thing I was hoping we could do, I just couldn't find any info on this kind of situation! Thanks for the help!

-Sophie

When you get to Oz have him call the US embassy and they will talk him through how he should turn his green card into them officially. I think there is a form that acknowledges you are abandoning permanent residence. It seems a bit scary to abandon it but you have to do things the right way now or you will have a problem when you want to move back. Like i said then they send you an official receipt thing - keep this for when you re-apply if you ever want to move back to the US.

[JimVaPhuong 4,863]

If you can put it off until he's been a resident for 3 years he can apply for citizenship and you guys can not worry about entrance back into the US

Good luck

Downside to that approach is he'd have to file tax returns, even if he ended up never coming back to live in the US.