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Posted

Here is the situation

-I got married 10/26/12

-got my green card 03/01/13

- I won't be able to apply for ROC until around January 2015. I originally thought it was 90 days before our 2 year wedding anniversary but of course it's 90 days before my green card expiration.

Now for the conditional green card do we have to live in the USA? (I am canadian and got a job offer in Canada) My wife would move with me to Canada to start her masters in the same town....If I moved to Canada it would be around 08/15/14.

For ROC, is it proof that we live in the states for 2 years and provide proof of our bonafide marriage? I have no doubt that we can prove our marriage is real.

Thank you in advance!

Posted

Google "maintaining permanent residency." For any Greencard, conditional or otherwise, you have to live in the USA. You can leave for up to a year without any special permission, or if you want to leave for 2 years and keep the Greencard you can get a reentry permit. After that you will lose you Greencard. So if you move is temporary, then you might consider a reentry permit. If the move is permanent, you will lose your GC. If some time later you want to move back to the US you can get another spousal visa.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

Here is the situation

-I got married 10/26/12

-got my green card 03/01/13

- I won't be able to apply for ROC until around January 2015. I originally thought it was 90 days before our 2 year wedding anniversary but of course it's 90 days before my green card expiration.

Now for the conditional green card do we have to live in the USA? (I am canadian and got a job offer in Canada) My wife would move with me to Canada to start her masters in the same town....If I moved to Canada it would be around 08/15/14.

For ROC, is it proof that we live in the states for 2 years and provide proof of our bonafide marriage? I have no doubt that we can prove our marriage is real.

Thank you in advance!

Hi, this will not work, unfortunately. Enev after ROC you need to apply for reentry permit if you intend to leave US for over a year and if you'd leave for over 2 years that permit would not be valid. But even with reentry permit or if traveled outside us for less than a year your green card could be determined as abandoned.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD

It is not where I breathe but where I love that I live.

Filed: IR-1/CR-1 Visa Country: Bulgaria
Timeline
Posted

If you file for IR-1 in a few years from now, how will your USC spouse be able to "support" you if she has been a student in Canada ? You may need a co-sponsor at that point. She will also have to demonstrate intent to re-establish a US domicile.

Filed: Citizen (apr) Country: India
Timeline
Posted

Here is the situation

-I got married 10/26/12

-got my green card 03/01/13

- I won't be able to apply for ROC until around January 2015. I originally thought it was 90 days before our 2 year wedding anniversary but of course it's 90 days before my green card expiration.

Now for the conditional green card do we have to live in the USA? (I am canadian and got a job offer in Canada) My wife would move with me to Canada to start her masters in the same town....If I moved to Canada it would be around 08/15/14.

For ROC, is it proof that we live in the states for 2 years and provide proof of our bonafide marriage? I have no doubt that we can prove our marriage is real.

Thank you in advance!

Just want to be sure that you plan to move in 8/14. Will the job offer be waiting till then. If it is correct that you are moving in 8/14, and file in 1/15, you will be in the 6 months window.

If you loose the Green Card, you can always apply again and that too if you want to come again to USA. So the decision may be based on your priorities and requirements and choices. Life is always a matter of trade-offs. You get something at the cost of something else.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

 
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