Is re-entry permit possible for conditional residents?

[ducky06 0]

Is it possible to apply for a re-entry permit as a Conditional Resident if you plan to be gone for the entire second year of your conditional residency? Do you always have to be physically in the US to remove conditions?

My husband has lived in the US for the past 7 years under an F-1 visa and has been a Conditional Resident since August 2012 -- will be due to remove conditions in May-June 2014. He is about to finish his PhD and the opportunity exists for a short-term position in his exact specialty at a UK university (1-2 years).

This would be a great career step for him - but we are curious if there is any way he can take the position and save his green-card. We have every intention of living here permanently, as my family is here and he has many professional connections, but we don't have a house or any other property - just one joint bank account.

Could he get a re-entry permit valid through August 2014 and we could move back for a few months after the semester ends in May 2014 to remove conditions? (And apply simultaneously for a second re-entry permit, if the position were two years long?) Seems crazy, but...

Otherwise, losing the green-card and re-applying via consular processing would not be worth the renewed expense and break in his career (not much work in his field in his home countries, so the benefit of the post-doc would sort of be negated...)

Any advice? Thanks very much!

Edited February 6, 2013 by ducky06

[I AM NOT THAT GUY 5,715]

You will still be married after two years, no? That is the primary requirement to remove conditions. Yes, you will need to get a reentry permit. What it may affect will be his ability to become a US Citizen based on marriage to a US citizen. If you stay outside the US too long, the clock restarts, and of the three years, at least half the time needs to be spent inside the US.

Unless either of you are working for the US Government overseas, you will have to file jointly in the US, do the biometrics thing, and be present for an interview if necessary.

I assume you would both be living at his overseas posting, otherwise you may have some difficulty proving a continuing relationship and intermingling of assets, which are the primary things the USCIS is looking for as far as ROC.

Edited February 6, 2013 by The Patriot

[ducky06 0]

@The Patriot - Thanks, good to know. We would certainly be together overseas, so it seems it could work. (With some coordination of schedules/paperwork...) I just wasn't sure if living outside the country during your provisional 2 years was frowned upon, though I suppose it's really only to establish that you're still married, and so long as you have a re-entry permit, there shouldn't be an issue.

He's not currently planning to apply for US citizenship because he doesn't want to give up his German citizenship - though maybe long-term it would make our lives less complicated.

[Harpa Timsah 13,258]

You can get a reentry permit, yes. It will expire when his conditional GC does, though, even though that is less than 2 years. You'll have to either get a new one or be sure to be back in an appropriate time after that.

There is no difference between the rights and responsibilities of GC holders who have 2-year or a 10-year GC.

You can also file ROC from abroad. You will be responsible for traveling to the US to do biometrics and for your interview, if you have one. Good luck.