2 Years conditional Green Card

[Tim-19 0]

Hi-

Please help me as I have few questions about someone who received her 2 years conditional permanent resident card via her marriage just recently. The condition is the green card holder is one of the VWP country citizen and she can come and go to the states for 3 months visits. Her husband who is a USC got a job outside states and she has to move with him while he is employed, I think its few yeas, not sure how long exactly.

They know in order to keep or not violate the terms of a green card holder, the person should stay IN stats or if they leave for 12 months or more they are breaking the rule and the green card becomes invalid. Yes they know this! But what they have in mind is she will come in to the states every six months using her own VWP passport and stay for a few weeks and so on... until 2 years comes to a end when they can remove the condition ...

questions... Dose she have to disclose this when removing condition that she was out of the country for such and such dates, if yes why, they do not have any record of her in/out of the states since she was using her own country passport?

if she even mention that she was in/out, her absence is valid since her USC husband is out on a temporary job and she has to be with him and she is not out of the states for a full 12 months in a year she will come maybe 3 times in a year for a week or so

what is a best option?

Best

Tim

[Tygrys 143]

Of course they will have record of her entering/leaving the U.S. That's what all these computers at the airport are for.

Not disclosing out-of-country trips on I-751 application will be seen material misinterpratation. Very bad...

The best option is to surrender the GC since she does not intend to reside in the U.S., at least not for a time being.

[Dave&Roza 748]

Hi-

Please help me as I have few questions about someone who received her 2 years conditional permanent resident card via her marriage just recently. The condition is the green card holder is one of the VWP country citizen and she can come and go to the states for 3 months visits. Her husband who is a USC got a job outside states and she has to move with him while he is employed, I think its few yeas, not sure how long exactly.

They know in order to keep or not violate the terms of a green card holder, the person should stay IN stats or if they leave for 12 months or more they are breaking the rule and the green card becomes invalid. Yes they know this! But what they have in mind is she will come in to the states every six months using her own VWP passport and stay for a few weeks and so on... until 2 years comes to a end when they can remove the condition ...

questions... Dose she have to disclose this when removing condition that she was out of the country for such and such dates, if yes why, they do not have any record of her in/out of the states since she was using her own country passport?

if she even mention that she was in/out, her absence is valid since her USC husband is out on a temporary job and she has to be with him and she is not out of the states for a full 12 months in a year she will come maybe 3 times in a year for a week or so

what is a best option?

Best

Tim

The issue is not whether she is physically present in the US, but that she maintains residency. You can leave for temporary jobs, school, etc as long as you maintain your residency. Moving with her husband is not maintaining her residency unless they keep their home in the US. Think of it like going away to college. Where do you go during the semester breaks? If it is "back home" then you are not a resident of the location the school is at. If you remain at the school then you are a resident of where the college is. This is a case that I think you need to apply for a re-entery permit using form I-131. To remove conditions on your 2 year GC, you must show that you are combining your lives together and that the marriage was not to circumvent immigration law.

Returning to the US a couple of times a year does not guarantee that her LPR will not be revoked or considered abandoned. Take a look here to see what is required to maintain LPR status. It can be done, but prior planning is involved. Just so you realize, the conditional part of the GC has nothing to do with travel, but is due to being married for less than 2 years. Another thing to consider is that to remove conditions, they must be in the US. A GC is a GC whether it is valid for 2 years or 10 years. The LPR requirements are the same. So if this temporary job lasts for more than 1-2 years, it might be better to give up the GC now and reapply at a later date when she will be able to maintain residency in the US--that will be their decision.

Good luck,

Dave

[Tim-19 0]

Of course they will have record of her entering/leaving the U.S. That's what all these computers at the airport are for.

Not disclosing out-of-country trips on I-751 application will be seen material misinterpratation. Very bad...

The best option is to surrender the GC since she does not intend to reside in the U.S., at least not for a time being.

OK. I Think the best option for her is to obtain the reentry pass and visit the U.S few times a year with her VWP password (which is less risk of questioning) and when it comes to removing condition she can tell them yes I am married to the USC - Yes I have intentions to maintain my PR by applying for re-entry pass - Yes I am not out of the states more than a year - Yes I am filling my taxes each year - yes I have a valid US driving license - yes I have not declared my self a non resident at any point BUT there is catch .... I heard one of the conditions of maintaining GC is you should not enter US as a visitor, is that correct?

The reality is she does not want to go through another processing of getting another conditional GC bla bla again that's why she wanted to get this done and get her full 10 years GC. So when you say hand over her green card and reapply again - what does that exactly mean? would she able to adjust her status when she return to states ever?

thanks

[Stephen + Elisha 92]

questions... Dose she have to disclose this when removing condition that she was out of the country for such and such dates, if yes why, they do not have any record of her in/out of the states since she was using her own country passport?

Yes, they would have a record in all likelihood. She had to submit a copy of her passport with the AOS application. Her passport will be linked with her A-number and hence with her GC.

Also, as a GC holder she's probably not even VWP eligible anymore. If she doesn't get rejected by the ESTA system, this ruse will almost certainly be discovered at POE and will put her in a world of hurt.

This is a very bad idea IMHO.

[Stephen + Elisha 92]

OK. I Think the best option for her is to obtain the reentry pass and visit the U.S few times a year with her VWP password (which is less risk of questioning)

You think wrong, my friend. It most certainly does not risk less questioning. See above.

[Stephen + Elisha 92]

Yes, they would have a record in all likelihood. She had to submit a copy of her passport with the AOS application. Her passport will be linked with her A-number and hence with her GC.

Forgot about biometrics. They did them for her GC, they do them at POE for visitors (including VWP). Yet another reason why this is a terrible idea.