My AOS GC applicaiton is ready to be scheduled for interview - I may however, need to relocate back to Europe with my USC wife for 2 yr work assignment...Any options to continue with GC application?

[mrbtx 7]

Hi everybody, I am currently at the "ready to be scheduled for interview" stage of my AOS GC application through marriage to my USC wife. We have however just found out that my wifes company wants to send her to Europe most likely in 1Q next year. I am a UK citizen, and most likely would be able to transfer with my company, but from what I understand, if I leave the US before my GC is approved, or even when I receive the conditional 2 year GC, my GC would be abandoned. Is this the case, or would there be a way that we could maintain my GC if we can show that this EU assignment is a short term (2 year) thing? Would I have any other options other than reapplying for a GC from the new EU country once we are asked to come back to the US? We are trying to weigh up the options, and I really hope the only one isn't that we would have to go through all of this process again once the time comes to return to the US. 

 

Thanks in advance for any help / advice. 

[Allaboutwaiting 2,503]

Apply for a re-entry permit once you get the green card but before you leave the US.

[mrbtx 7]

3 minutes ago, Allaboutwaiting said:

Apply for a re-entry permit once you get the green card but before you leave the US.

Will that allow me to stay out of the US without forfeiting the card?

[Allaboutwaiting 2,503]

3 minutes ago, mrbtx said:

Will that allow me to stay out of the US without forfeiting the card?

Yes. 

 

Download and read this brochure:

https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf

[mrbtx 7]

Just now, Allaboutwaiting said:

Yes. 

 

Download and read this brochure:

https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf

Will do. I applied for a 131 and 765 when I sent in my 485. If I receive my GC before the 765/131, I imagine I would need to apply for another 131 after I receive the GC?

[Allaboutwaiting 2,503]

7 minutes ago, mrbtx said:

Will do. I applied for a 131 and 765 when I sent in my 485. If I receive my GC before the 765/131, I imagine I would need to apply for another 131 after I receive the GC?

Yes. Even if the I-131 is approved before the GC, you'd need to file a new one. 

USCIS uses the same form for advance parole and re-entry permit.

Edited September 4, 2021 by Allaboutwaiting

[mrbtx 7]

22 minutes ago, Allaboutwaiting said:

Yes. Even if the I-131 is approved before the GC, you'd need to file a new one. 

USCIS uses the same form for advance parole and re-entry permit.

Got it - Thank you. 

 

So let's say I apply for the re-entry and it gets approved before we move out of the US. We would plan to return to see family for the major holidays. Would I need to apply for a new one every time we enter and leave? Or would I state on the original request that we will be relocating, but moving back in 2 years or so, and therefore this will basically keep my GC open and not forfeit it in that 2 year period? 

[Allaboutwaiting 2,503]

22 minutes ago, mrbtx said:

Got it - Thank you. 

 

So let's say I apply for the re-entry and it gets approved before we move out of the US. We would plan to return to see family for the major holidays. Would I need to apply for a new one every time we enter and leave? Or would I state on the original request that we will be relocating, but moving back in 2 years or so, and therefore this will basically keep my GC open and not forfeit it in that 2 year period? 

You can use the re-entry permit every time you visit the US as long as it is valid.

Ideally, once the permit is about to expire, you should relocate back in the US. Also, in order to avoid issues, you should still file for removal of conditions when the time comes, even if you're still residing abroad.

[mrbtx 7]

1 minute ago, Allaboutwaiting said:

You can use the re-entry permit every time you visit the US as long as it is valid.

Ideally, once the permit is about to expire, you should relocate back in the US. Also, in order to avoid issues, you should still file for removal of conditions when the time comes, even if you're still residing abroad.

Understand - Thank you so much for your help and advice. I do have one last question though, do you know if I would be able to apply for a 131 again, if let's say our actual time outside of the US will be say just over 2 years? 24-28 months or so. 

[Allaboutwaiting 2,503]

4 minutes ago, mrbtx said:

Understand - Thank you so much for your help and advice. I do have one last question though, do you know if I would be able to apply for a 131 again, if let's say our actual time outside of the US will be say just over 2 years? 24-28 months or so. 

You can apply for a new one once the previous expires, but you need to be in the US to do so. Basically, you'd need to set time to relocate in the US temporarily, file for the new re-entry permit and wait here until it is issued. 

[mrbtx 7]

Just now, Allaboutwaiting said:

You can apply for a new one once the previous expires, but you need to be in the US to do so. Basically, you'd need to set time to relocate in the US temporarily, file for the new re-entry permit and wait here until it is issued. 

Makes sense. Considering it's been 6 months since I sent in my AOS package, with 765 and 131, and my initial 131 hasn't been approved yet, I imagine that would almost be impossible. So it seems that if I do get one granted, I move to Europe with my wife, but we should plan on me returning back to the US before the new 131 that I would apply for expires, and I just then stay here until she returns. Do you think that is the best option?

[Allaboutwaiting 2,503]

3 minutes ago, mrbtx said:

Makes sense. Considering it's been 6 months since I sent in my AOS package, with 765 and 131, and my initial 131 hasn't been approved yet, I imagine that would almost be impossible. So it seems that if I do get one granted, I move to Europe with my wife, but we should plan on me returning back to the US before the new 131 that I would apply for expires, and I just then stay here until she returns. Do you think that is the best option?

That's sounds like a good option. 

Another thing you could try is not relocating but visiting your wife for less than a year and then return to the US. In such case, you wouldn't need a reentry permit. If your company in the US allows you to work remotely, I think that would be your best option.

[milimelo 4,740]

58 minutes ago, Allaboutwaiting said:

You can apply for a new one once the previous expires, but you need to be in the US to do so. Basically, you'd need to set time to relocate in the US temporarily, file for the new re-entry permit and wait here until it is issued. 

Not possible for 2-yr conditional card. Re-entry permit will only be valid as long as the GC is valid. He won’t be able to get another re-entry permit. 

[mrbtx 7]

1 minute ago, milimelo said:

Not possible for 2-yr conditional card. Re-entry permit will only be valid as long as the GC is valid. He won’t be able to get another re-entry permit. 

So if I apply for one and it is granted, I basically must return to the US before my 2 year conditional greencard runs out. Which means I would probably be back here for say 6-12 months whilst my wife stays in Europe (assuming she is there for 2 years). 

[Allaboutwaiting 2,503]

29 minutes ago, milimelo said:

Not possible for 2-yr conditional card. Re-entry permit will only be valid as long as the GC is valid. He won’t be able to get another re-entry permit. 

He can apply for a re-entry permit once he files for ROC and gets the extension letter.