Leaving the US

[nikki1992 62]

Hi! 
 

I was wondering if anyone knows what my options are in regards to keeping my permanent residency and for how long given the circumstances below...

 

My 2-year greencard expires in June 2021 but my husband and I are thinking of moving to the U.K. for personal reasons in March 2021. Ideally I’d like to keep my permanent residency for as long as possible incase anything happens in which we need to come back to the US ASAP. But I understand that I would eventually have to give it up since I wouldn’t be a resident anymore.

 

Since we would be moving to the U.K. before putting in the ROC application what are my options? How long can I remain a permanent resident or will it end in June 2021 when my 2-year greencard expires? Is it worth applying for the ROC from the U.K. (can I even do that)?

[milimelo 4,502]

If you don't remove conditions, the GC will end when it expires. Start all over when you're ready to move back to the US. 

[KULtoATL 1,551]

I'm not sure about the proper mechanics in terms of filing ROC when someone already knows that they plan to stay outside of the US for an extended period of time or the number of days for a GC holder to be out of the US causing USCIS to constitute it as abandonment of permanent residence.

 

Definitely look into things like abandonment of permanent residence, continuous presence and physical presence. The first one will affect permanent residence while all three will affect your naturalization if you're thinking about applying N-400 as a result of the marriage and through whatever status you currently have. 

 

All the best and I'm sure someone who is more well versed would be able to provide you with the specifics

[Wuozopo 4,293]

@nikki1992
Do you meet all the requirements to bring a spouse to live, work, and have NHS in the UK? Will you have to hold a UK job 6 months first or do you have the cash saved to sponsor. There’s lots to look at on the other side too if you haven’t. Sorry the timing is making your need to move by a specific date so challenging. Good luck. 

Edited December 11, 2020 by Wuozopo

[nikki1992 62]

19 minutes ago, Wuozopo said:

@nikki1992
Do you meet all the requirements to bring a spouse to live, work, and have NHS in the UK? Will you have to hold a UK job 6 months first or do you have the cash saved to sponsor. There’s lots to look at on the other side too if you haven’t. Sorry the timing is making your need to move by a specific date so challenging. Good luck. 

Yes we meet all the requirements for the U.K. spouse visa including the cash savings. 
 

I just wasn’t sure what happens with my greencard. It’s unlikely we would need to move back to the US but I’m just hoping to keep it as long as possible incase there is a need to come back and we don’t have time to wait for the visa to be approved again. 

1 hour ago, KULtoATL said:

I'm not sure about the proper mechanics in terms of filing ROC when someone already knows that they plan to stay outside of the US for an extended period of time or the number of days for a GC holder to be out of the US causing USCIS to constitute it as abandonment of permanent residence.

 

Definitely look into things like abandonment of permanent residence, continuous presence and physical presence. The first one will affect permanent residence while all three will affect your naturalization if you're thinking about applying N-400 as a result of the marriage and through whatever status you currently have. 

 

All the best and I'm sure someone who is more well versed would be able to provide you with the specifics

Thank you, I’ll have a look into this 😊

[da95826 387]

If you remain out of the USA for more than 180 days without reentry permit will trigger immigration to question whether or not you have effectively abandoned your residency, if you out for a year you will have abandon it. With a 10 year green card a reentry permit would allow you to maintain LPR status for like 3 years outside of the USA.

 

But you need to be in the USA when your conditional green card expires to file an i751 petition to get extension letter or to obtain a i551 stamp. Note re entry permits do not extend your stay abroad beyond the expiration date of your conditional green card even with an extension letter or i551 stamp.

[nikki1992 62]

6 minutes ago, da95826 said:

If you remain out of the USA for more than 180 days without reentry permit will trigger immigration to question whether or not you have effectively abandoned your residency, if you out for a year you will have abandon it. With a 10 year green card a reentry permit would allow you to maintain LPR status for like 3 years outside of the USA.

 

But you need to be in the USA when your conditional green card expires to file an i751 petition to get extension letter or to obtain a i551 stamp. Note re entry permits do not extend your stay abroad beyond the expiration date of your conditional green card even with an extension letter or i551 stamp.

Ok that’s good information. I’ll probably have to abandon it then. Thanks for the help!

[KULtoATL 1,551]

4 minutes ago, nikki1992 said:

Ok that’s good information. I’ll probably have to abandon it then. Thanks for the help!

Any possibility for you to stay and file for I-751 first? Cause if you abandon your current GC, your husband will need to file I-130 for you from scratch when you guys want to return here permanently

[nikki1992 62]

1 hour ago, KULtoATL said:

Any possibility for you to stay and file for I-751 first? Cause if you abandon your current GC, your husband will need to file I-130 for you from scratch when you guys want to return here permanently

No not really. We would have to delay by a year because of how long it takes to process etc. 
 

Currently we don’t plan on returning to the US permanently anyway so it shouldn’t be a problem but I was just thinking in the short term it would be good to know how long I can keep it for just incase 😊

[KULtoATL 1,551]

39 minutes ago, nikki1992 said:

No not really. We would have to delay by a year because of how long it takes to process etc. 
 

Currently we don’t plan on returning to the US permanently anyway so it shouldn’t be a problem but I was just thinking in the short term it would be good to know how long I can keep it for just incase 😊

Ok. I wish you and your husband the best Safe travels back to the UK!

[JFH 12,190]

If at all possible I would stay here until you can get citizenship then you can come and go between the UK and the US as you wish. 

[pamala900 33]

I would wait till you have had your green card for 3 years, then apply for citizenship. Then if you need to return to USA, you wont have any issues. 

This is my plan. I filled for citizenship today! but have been eligible since 2017. 

[H.Angy 51]

She is saying that they have to leave asap and people advice her to wait for 3 years and apply for citizenship just because their dream(the advisers) is to be a citizen...

She was very clear about their intention to move to UK for a long time, possible for life.

So go back and if indeed you decide to continue there, surrender you GC. By doing that, in the future, you can reapply for a new visa/GC.

[NikLR 13,227]

3 hours ago, nikki1992 said:

No not really. We would have to delay by a year because of how long it takes to process etc. 
 

Currently we don’t plan on returning to the US permanently anyway so it shouldn’t be a problem but I was just thinking in the short term it would be good to know how long I can keep it for just incase 😊

You could apply for ROC abroad but then you'd have to return for biometrics and possible interview.  You'd also likely be best for applying for a return permit that allows you to stay outside the USA for 2 years.  However you may be just best to give up the ghost and reapply if you ever move back.  Not having the green card will mean you don't have to file US tax returns (your USC spouse still will need to do this as will your USC children once they start working.)  You can always visit with ESTA provided you didn't AOS. 

[nikki1992 62]

2 hours ago, H.Angy said:

She is saying that they have to leave asap and people advice her to wait for 3 years and apply for citizenship just because their dream(the advisers) is to be a citizen...

She was very clear about their intention to move to UK for a long time, possible for life.

So go back and if indeed you decide to continue there, surrender you GC. By doing that, in the future, you can reapply for a new visa/GC.

Thank you haha.

 

Yeah that’s likely what we’ll do. Will just have to reapply if/when we need to come back to the US. 

2 hours ago, NikLR said:

You could apply for ROC abroad but then you'd have to return for biometrics and possible interview.  You'd also likely be best for applying for a return permit that allows you to stay outside the USA for 2 years.  However you may be just best to give up the ghost and reapply if you ever move back.  Not having the green card will mean you don't have to file US tax returns (your USC spouse still will need to do this as will your USC children once they start working.)  You can always visit with ESTA provided you didn't AOS. 

That’s a good point about not having to file taxes in the US! I hadn’t thought of that!