if you leave the country before removing conditional status....

[angelique 0]

Hello Everyone,

Does anyone know what will happen if once a person gets her conditional green card, can she lift her conditional status outside the US?

My husband and I are planning to go back to Switzerland by next year which means I will not be in the US when my time of removing the conditional status is up.

So I'm pretty worried that I will lose my green card in this way. My husband has dual citizenships,thus it will not be a problem for us to come back to the US in the future. I'm afraid I will have to do the whole K3 process again,should we decide to come back to the US in the future.

Thanks so much for all your advice!

Angelique

[no name 1]

Hello Everyone,

Does anyone know what will happen if once a person gets her conditional green card, can she lift her conditional status outside the US?

My husband and I are planning to go back to Switzerland by next year which means I will not be in the US when my time of removing the conditional status is up.

So I'm pretty worried that I will lose my green card in this way. My husband has dual citizenships,thus it will not be a problem for us to come back to the US in the future. I'm afraid I will have to do the whole K3 process again,should we decide to come back to the US in the future.

Thanks so much for all your advice!

Angelique

If your permanent, primary residence is outside of the USA for more than 6 months, your green card is considered abandoned. And you will ahve to start all over again if you want to return.

[melemelex 0]

Do not worry about it, you are a "permanent resident" already, if you are planning to go back to Switzerland next year for more than 6 months, you must need a re-entry permit.

[Kez/JWolf 6]

Do not worry about it, you are a "permanent resident" already, if you are planning to go back to Switzerland next year for more than 6 months, you must need a re-entry permit.

That is not stricktly true..... a re-entry permit is needed if you are going outside the US for more than 12 months BUT you maintain your residency in the US.... if you move abroad to live and work and you give up your domacile in the US then you will lose your Greencard from the day you depart....

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently.

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a “nonimmigrant” on your tax returns.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

To the OP you would have to start all over again if you decided to return to live in the US at some date in the future.... even if you had removed the conditions.... the only way you would not have to start all over again would be to wait until you became a citizen of the US then you could come and go as you please.....

Kez

[melemelex 0]

Do not worry about it, you are a "permanent resident" already, if you are planning to go back to Switzerland next year for more than 6 months, you must need a re-entry permit.

That is not stricktly true..... a re-entry permit is needed if you are going outside the US for more than 12 months BUT you maintain your residency in the US.... if you move abroad to live and work and you give up your domacile in the US then you will lose your Greencard from the day you depart....

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently.

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a “nonimmigrant” on your tax returns.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

To the OP you would have to start all over again if you decided to return to live in the US at some date in the future.... even if you had removed the conditions.... the only way you would not have to start all over again would be to wait until you became a citizen of the US then you could come and go as you please.....

Kez

I answered that based on my opinion.

[Reba 2]

when dealing with such issues regarding immigration law however, it is more helpful to answer with facts rather than opinion. Had the OP not read further and gone on your opinion back to Switzerland, she'd have had a rude awakening upon her attempted return to the US.

[no name 1]

when dealing with such issues regarding immigration law however, it is more helpful to answer with facts rather than opinion. Had the OP not read further and gone on your opinion back to Switzerland, she'd have had a rude awakening upon her attempted return to the US.

Answers regarding your legal status on VJ should not be based on opinions.

[melemelex 0]

I'm sorry if i answered that based on my opinion, but at first i thought my opinion was right. I'm sorry if i offended some people in this forum by answering them based on my opinion.

The situation is hot in here

[Chris W 0]

Not meaning to muddy the waters, but...

Does anyone have first-hand experience on this issue? I.e., leaving the country for extended periods (but less than twelve months) and seeing the impact it has on their application?

Edited November 5, 2007 by Chris W