Losing (Forfeiting) CR-1-Green Card

[earthwormgym 1]

Hi Folks,

Out of curiosity, IF my wife (American) and I (British- with Green Card), were to move back to the UK, when would I lose/forfeit the Green Card?

Currently, I'm waiting for USCIS to give me an updated Green Card. (IR-1, I believe) after having my biometrics recently taken. But if we were to move within the next year (with me having originally moved to the US in June 2013 on a CR-1 spouse visa), would I lose the right to return to the US? And what would the timelines be in that respect?

Thanks!

James R

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion.

[D.Ba 85]

From http://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

Does travel outside the United States affect my permanent resident status?

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

What if my trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit's validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the Travel Documents page.

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State's webpage on returning resident visas.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the Continuous Residence and Physical Presence Requirements page.

[ChicagoSarah 127]

I would wait until you apply for citizenship after 3 years of marriage and then consider moving if at all possible. My husband and I haven't decided if we'll make the UK home at some point, but the thought isn't even being entertained until he has his citizenship. That way moving back to the US won't be an issue down the road.

[Nich-Nick 3,354]

Hi Folks,

Out of curiosity, IF my wife (American) and I (British- with Green Card), were to move back to the UK, when would I lose/forfeit the Green Card?

Currently, I'm waiting for USCIS to give me an updated Green Card. (IR-1, I believe) after having my biometrics recently taken. But if we were to move within the next year (with me having originally moved to the US in June 2013 on a CR-1 spouse visa), would I lose the right to return to the US? And what would the timelines be in that respect?

Thanks!

James R

If you wait another year (June 2016?) you will be eligible for US citizenship. Get that and you can bounce back and forth between countries at will. No need to consider immigration, losing the greencard, or starting over from scratch with the petition, etc.

Have you looked Into moving your wife to the UK? You will have to hold a job there for six months and meet the income requirements before she can join you. No co-sponsors. Or have a big stash of cash.

[earthwormgym 1]

If you wait another year (June 2016?) you will be eligible for US citizenship. Get that and you can bounce back and forth between countries at will. No need to consider immigration, losing the greencard, or starting over from scratch with the petition, etc.

Have you looked Into moving your wife to the UK? You will have to hold a job there for six months and meet the income requirements before she can join you. No co-sponsors. Or have a big stash of cash.

Is it only another year?! I thought I had to be in the States 5 years to be eligible. To clarify, I moved here June 2013 on a CR-1 and recently had to get my biometrics done, in order to get an updated IR-1...

And yes, if we moved to the UK, we are looking at me moving back first, then getting job, then applying for her to join me...we simply cant afford the new rules for us both coming together.

[earthwormgym 1]

OH WAIT- Sorry, are you saying that I would have to hold my job in the UK for six months (and have decent-enough income) before I can apply for her to join me?! I thought it was just an income requirement?

[ChicagoSarah 127]

Green card holders can apply for citizenship 3 years from LPR date if they remain married to the USC for that time period. It's 5 years for all other green card holders.

[Nich-Nick 3,354]

OH WAIT- Sorry, are you saying that I would have to hold my job in the UK for six months (and have decent-enough income) before I can apply for her to join me?! I thought it was just an income requirement?

I think that is true...hold that job six months. There are exceptions like if you had a comparable job for x number of months in the US and secured equal job and salary in UK..... Look it up.

Also look at your green card. It says Resident since ______. Three years from that date, you are eligible for citizenship. You can send your application for processing 90 days early, have biometrics, etc but it must be after the eligibility date that you actually take the oath. And as was already said, you get the three year privilege by staying married to the USC who brought you to the dance.