Moving out of country - questions. Help?

[Kabbage 1]

I entered the USA on on k1 visa got married and then adjusted status. We have been married for over 2 years now but since we filed the Aos form late the expiry date is just after what will be our 3rd wedding anniversary. So expiry is December 2014. My US citizen husband got a job in another country so we will be moving before the expiry date. So I'm assuming I will not be able to remove the conditions since I will no longer be resident? When we come back here to visit his family will I just come on a tourist visa (visa waiver) with maximum 3 month stay? Does anyone know if I will get hassle at immigration? If we later want to move back to the USA will I have to go through the whole process at the embassy and apply for a spouse green card? Will the process be different to a new applicant since I will have an expired green card?

[N-o-l-a 7,167]

I entered the USA on on k1 visa got married and then adjusted status. We have been married for over 2 years now but since we filed the Aos form late the expiry date is just after what will be our 3rd wedding anniversary. So expiry is December 2014. My US citizen husband got a job in another country so we will be moving before the expiry date. So I'm assuming I will not be able to remove the conditions since I will no longer be resident? When we come back here to visit his family will I just come on a tourist visa (visa waiver) with maximum 3 month stay? Does anyone know if I will get hassle at immigration? If we later want to move back to the USA will I have to go through the whole process at the embassy and apply for a spouse green card? Will the process be different to a new applicant since I will have an expired green card?

Whole process will be the same again and you will need to refile. Even if you had removed conditions, you can't retain your permanent residency in America while residing in a foreign country.

You will again need to do the VWP, but you will also need to formally abandon your LPR and bring proof of that when you come to visit. I'm not 100% familiar with the process, so hopefully someone will share on how to abandon it properly.

Edited May 22, 2014 by N-o-l-a

[Boiler 43,635]

Sounds like you are not eligible to use the VWP

[Harpa Timsah 13,258]

How long are you planning to leave?

[N-o-l-a 7,167]

Sounds like you are not eligible to use the VWP

Because of the overstay before they AOS-ed? I missed that.

[Darnell 8,478]

Some people in your exact situation do file the RoC

and come back to USA every 3 or 4 months to maintain their residency status.

Sure, there can be pitfalls in doing this, and requires some effort and logistics, but

if you want to maintain residency, there's a way to do that.

[Kabbage 1]

Thanks everyone for your replies. I didn't realise that the delayed AOS filling would make me ineligible for VWP - we got married within the required timeframe which I thought was all that mattered. Does that mean I would have to apply to the US embassy for a tourist visa?

We think we will be living in the UK for a few years (he wants to move back the the USA eventually) and might go to the USA maybe once a year to visit his family. Coming back every 3 or 4 months doesn't seem practical and will cost a fortune in airfare. Also I think I would have to prove I have an address in the USA which I think would be difficult.

Also, what would I do if I wanted to get US citizenship? I originally thought we would be living in the US for several years and I'd be able to apply for citizenship - after 3 years of residency? Just so I didn't have to deal with immigration and renewal hassles.

[Cheezees 1,514]

US citizenship comes AFTER residency. It seems that you will not even be able to pass the physical residency requirements as you will not be in the country. Worry about the residency first. Citizenship is a long way off for you especially as you are about to abandon your Permanent Residency status. Good luck. :-)

[Rebecca Jo 1,962]

Sounds like you are not eligible to use the VWP

Meh, I don't know about that. Pretty much every K1 ends up being out of status while they wait on their greencard. Those who file before the K1 itself expires are in a better position than those who file after the 90 days are up. But I've never heard of "gap time" causing ineligibility for the VWP.

[Boiler 43,635]

It does not happen very often and I would imagine most K1's file before the 90 days and get their 'colour of law' NOA.

[BBCC 16]

I entered the USA on on k1 visa got married and then adjusted status. We have been married for over 2 years now but since we filed the Aos form late the expiry date is just after what will be our 3rd wedding anniversary. So expiry is December 2014. My US citizen husband got a job in another country so we will be moving before the expiry date. So I'm assuming I will not be able to remove the conditions since I will no longer be resident? When we come back here to visit his family will I just come on a tourist visa (visa waiver) with maximum 3 month stay? Does anyone know if I will get hassle at immigration? If we later want to move back to the USA will I have to go through the whole process at the embassy and apply for a spouse green card? Will the process be different to a new applicant since I will have an expired green card?

Would it be at all possible to remain in the US until your AOS has completed? Do some research and see how soon you can leave exactly. Do you have to wait until your green card arrives?

One thing you can do once you have a green card is to apply for a re-entry permit (I-327) using the I-131 application. There is a biometric appointment to attend (just another photo and fingerprints). You must file the I-131 and attend the biometric appointment while physically present in the US. But as soon as you complete the biometric appointment, you may elect to have your re-entry permit delivered to the nearest US consulate and join your husband immediately after the biometric appointment. Just a thought.

But I wish to make it perfectly clear that residing outside the US with a Green Card does NOT jeopardize your status as some have suggested for stays outside the US longer than a year so long as you obtain the re-entry permit before you leave.

The thing about a re-entry permit is that it is only valid for two years and cannot be renewed. You may, however, re-apply for a new two year permit when the old one expires. There is a colleague in my company with whom I work remotely on a daily basis who is working in one of our foreign offices. He holds US permanent residency status and is currently on his third re-entry permit. Officially, the CBP policy is that after a while, they may scrutinize your status after you have been gone a while but even this is not certain expecially if you are returning to the US at least once per year or more.

We are currently in the process of removal of conditions for my wife. Once that is complete, we intend to apply for the re-entry permit so that we can accept a foreign assignment, if necessary.

Edited May 23, 2014 by BBCC