How can I come back to US after moving abroad ?

[Paskaval 2]

I got married in the US in July 2018, got a conditional green card which expires on 2021January 3rd. My wife and I are planning to move to France in September, for a long time, at least one year, maybe more, maybe forever. That means I leave my US residency, but If we want to come back to the US, not for residency again but for less than 3 months, what do I need ? Is it possible ? a special visa ? Should I wait to get a 10 years green card and apply for a re-entry permit ?

Thanks

[igoyougoduke 1,660]

what is meant by long time ? 1 year , 2 year , 20 years 

[geowrian 22,337]

To maintain LPR status, you must have your permanent residency within the US. This generally is interpreted to mean having intent to return to the US (not just for visiting) at the time of exit.

Are you planning to work while abroad? Do you have work to return to in the US?

 

If you do choose to pursue leaving the US and want to try to maintain LPR status, be sure to file your US tax returns as a resident (as all USCs and LPRs must do based on their worldwide income - the FEIE or FTC may apply).

A re-entry permit is an option to allow travel abroad for up to 2 years while not having the time abroad be the basis for abandoning residency (other factors could still do so). But this is limited to the validity period of the existing green card....so it's not of much use here.

If you're willing to wait until you get a 10 year green card, you might aS well wait until you can become a US citizen under the 3 year rule. Once a USC, you can be abroad for any length of time and return without issue.

 

You must file for ROC to remove conditions prior to the card expiring (and can do so up to 90 days before it expires). Failure to file can terminate LPR status as well.

Whether you have a 2 year or 10 year green card has no impact on travel abroad abandoning LPR status.

 

If you do decide to live abroad, you can file an I-407 to formally abandon LPR status.

You could then apply for a visa to visit (or ESTA, if eligible...i.e. if you never overstayed in the US in your past).

Edited June 12, 2020 by geowrian

[Allaboutwaiting 2,503]

If you decide to leave without removing conditions, you will automatically lose LPR status on the date your conditional green card expires.

This is considered a voluntary abandonment and should be recorded using the I-407 form. Once it is recorded, you can apply for an ESTA or a B1/B2 visa to visit. 

If you decide to become a resident again after the abandonment, you can start the proper process to immigrate. In your case, a spousal visa. 

Edited June 12, 2020 by Allaboutwaiting

[Lucky2Lucky 2,526]

If you abandon your residency, which by what you wrote is your plan, your option to visit the USA would be on a tourist visa.

[Ontarkie 14,275]

~~Moved to Tourist Visas, from Major Effects of Family Changes - As the OP is asking about being able to return to visit.~~

[retheem 566]

20 hours ago, Paskaval said:

I got married in the US in July 2018, got a conditional green card which expires on 2021January 3rd. My wife and I are planning to move to France in September, for a long time, at least one year, maybe more, maybe forever. That means I leave my US residency, but If we want to come back to the US, not for residency again but for less than 3 months, what do I need ? Is it possible ? a special visa ? Should I wait to get a 10 years green card and apply for a re-entry permit ?

Thanks

Remove conditions, apply for citizenship one year after removal. Once you have your citizenship you can move forever as you wish. Stop being short sighted. Anywho...

[Boiler 45,657]

Are you still eligible for the VWP?