Will I lose my GC, stationed overseas for 3 years

[123winnie 2]

I had a conditional green card through marriage, my husband was working for a private company at this time not military/government and we lived in the US. I filed to remove conditions in January 2021 whilst within the US.

 

My husband then was accepted for a civilian government job in late 2021 and we PCS to Germany in January 2022. I have a SOFA card in my British passport. I am named on his orders. 
I have not returned to the states at all since we arrived here in January 2022. My green card conditions were removed in June 2023 and I was approved for 10 year green card. However this was mailed by USCIS to my old US address, not APO (they didn’t update my AR-11 request). After many phone calls to USCIS they won’t admit it’s their fault that they sent it to the wrong address and I have been advised to file I-90 for ‘lost’ GC and I’m awaiting a biometrics appointment to do that currently. Will file ASAP. 
 

I am TERRIFIED that my green card is considered abandoned since I’ve been here for 2 years already. I didn’t apply for a reentry permit before we left the US. We have less than 1 year left on my husband’s orders and so I’m not eligible to file for naturalization anymore. We have a toddler and I am so terrified I could end up not being allowed back into the US by CBP when we are due to return in January 2025. 
 

During the time we’ve been here in Germany I haven’t done anything to suggest I wish to reside in Germany, I’m a stay at home mom and I don’t have any form of employment etc.

 

Is my green card considered abandoned? 
 

stupidly I thought all along that because I was on orders that everything was good considering residency. However now I’m reading lots of info online to say my GC could be considered abandoned. 

Edited December 27, 2023 by 123winnie

[Dashinka 23,251]

This seems relevant.  File the I90, it is a pain that USCIS will did not properly acknowledge your AR-11, and hopefully you will get the proper NOA from that filing.  
 

Good Luck!

 

(U) Spouse and Children of U.S. Armed Forces Members or U.S. Government Civilian Employees Stationed Abroad:

(a)  (U) The LPR spouse or child of a civilian or military employee of the U.S. Government outside the United States pursuant to official orders, who has resided with such employee abroad, does not require a visa if:

(i)     (U) The spouse or child possesses a valid or expired Form I-551;

(ii)    (U) Has gone abroad accompanying or following-to join such a spouse, or married the U.S. Armed Forces member or U.S. Government employee while abroad, even if the LPR has been abroad more than 1 year, provided they would have been eligible to receive a visa as a returning resident at the time the marriage occurred;

(iii)    (U) Resided abroad while the employee or service person was on duty abroad; and

(iv)   (U) Is preceding, accompanying, or following to join the employee or service person (principal) to the United States; and

(b)  (U) In interpreting the provisions of 8 CFR 211.1(b)(1) waiving the visa requirement for the spouses and children of Armed Forces members or U.S. Government civilian employees serving abroad, the Department of Homeland Security (DHS) has held that:

(i)     (U) The spouse or child need not physically accompany the Armed Forces member or civilian employee to benefit from the visa waiver if the LPR is preceding or following-to-join the member or employee;

(ii)    (U) An LPR who does not physically accompany the Armed Forces member or employee to the United States must possess evidence that they are the spouse or child of a member or employee who was stationed abroad on official orders and that the spouse or parent was previously lawfully admitted for permanent residence; and

(iii)    (U) To benefit from the waiver, it is not material whether the member or employee was discharged abroad, or whether the spouse or child is residing in a country different from that in which the principal is stationed, provided all other criteria for the waiver are met; and

 

https://fam.state.gov/fam/09FAM/09FAM020202.html

[Cyberfx1024 7,978]

No, if you are overseas as a spouse of a US civilian or military servicemember it is just like if you are here in the USA> 

[appleblossom 1,309]

It isn't relevant now as you've already left the US, but for future ref you may be eligible to apply for expedited naturalisation as the spouse of a USC in the military - https://www.uscis.gov/military/citizenship-for-military-family-members