brokensemaphore

I see on this link [http://www.usembassy.org.uk/dhs/uscis/abandon.html] that there is a form to fill out and mail upon abandoning a green card. Should this be done before leaving the country, or afterward? If it's preferred to do so before leaving, is there a different form and address we would need to use? (We're moving to West Yorkshire, UK for what it's worth.)

I know that-- I said for 4 or 5 months.

so then what is the problem. you can leave for 6 months.

I've read a lot about extended stays away from the US being often and heavily questioned, and that having proof of ties to the US are the only way to avoid losing green card status. As I said in my post, we have virtually zero proof of any of that, and I wasn't sure if that, coupled with him working in England, would compromise it.

NO

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

Remain outside the USA for more that 6 months, and you abandon time accumulated for citizenship.

I know that-- I said for 4 or 5 months.

I posted this to the Citizenship forum, but I didn't get any answers:

This is probably a dumb question, but here goes:

My UKC husband and I want to travel to England for a few months (probably four or five) to see if it's somewhere we'd ever want to live. During that time, he would be working, probably a temporary job), and we'd have a short-term lease on a flat. If we did this before he applied for US citizenship, would that be abandoning his green card? We'd continue to pay taxes in the US (he has a job here currently, but would be leaving it to travel), but we live with my parents, so we have no lease, utilities, etc.

I'm guessing that this would be considered abandonment of his green card, especially since we'd really have no way of proving otherwise, right? If we wound up staying in England and years later decided to re-do his green card and return to the US, would having abandoned it the first time around affect the process negatively? If so, is there any way to avoid that (legally, I mean-- is there any way to notify USCIS that he's abandoning his green card rather than just doing it? That just seems rude and sneaky to me.)?

I understand, of course, that the better option would be to wait until he's applied for and granted citizenship, but I'm asking hypothetically if he weren't to wait. Many apologies if a similar question has been asked and if so, I'd really appreciate a link to the post, as I couldn't find one.

Surely someone knows something!!!!

Bump! Anyone have anything for me?

This is probably a dumb question, but here goes:

My UKC husband and I want to travel to England for a few months (probably four or five) to see if it's somewhere we'd ever want to live. During that time, he would be working, probably a temporary job), and we'd have a short-term lease on a flat. If we did this before he applied for US citizenship, would that be abandoning his green card? We'd continue to pay taxes in the US (he has a job here currently, but would be leaving it to travel), but we live with my parents, so we have no lease, utilities, etc.

I'm guessing that this would be considered abandonment of his green card, especially since we'd really have no way of proving otherwise, right? If we wound up staying in England and years later decided to re-do his green card and return to the US, would having abandoned it the first time around affect the process negatively? If so, is there any way to avoid that (legally, I mean-- is there any way to notify USCIS that he's abandoning his green card rather than just doing it? That just seems rude and sneaky to me.)?

I understand, of course, that the better option would be to wait until he's applied for and granted citizenship, but I'm asking hypothetically if he weren't to wait. Many apologies if a similar question has been asked and if so, I'd really appreciate a link to the post, as I couldn't find one.

can anyone recommend ?? thanks!

Recommend what?

Read the title of the post.

Yes, once the AOS is approved, any accumulated out of status overstay in the US (as long as he entered on a valid visa and was inspected at the POE) will be forgiven. Once he receives his green card he will be free to travel outside of the US as if the overstay had not occured. If he leaves the country before he receives his green card, even if he has an Advance Parole, however, he will be refused entry back into the US and receive a 10 year entry bar instead. Good luck at your interview.

But he didn't enter on a valid visa-- he entered on a visa waiver. He's never had any sort of visa.

My husband came into the US on the visa waiver program and overstayed it for exactly a year before we finally filed the AOS (there wasn't any intent to immigrate when he came to the US). We have our interview soon. As I understand it, overstays are forgiven when the immigrant marries a USC (which I am), so does this mean that if we're approved at the interview, the 10-year bar (for overstaying) goes away automatically? Or is there something we'd need to do in regard to it?

If we ever want to travel out of the US, I just want to make sure he'll be able to re-enter!

In December of last year, my husband (just my boyfriend at the time, not fiance) came from the UK to the US on a visa waiver. Blah blah blah, long story short, we got married and didn't file the right paperwork (or not all of it, anyway). We filed the petition for alien relative, and got a receipt back the day after his waiver expired in March. It was then approved in May. Then we were told that we should have filed for his adjustment of status at the same time (he wants to immigrate here and be able to work, etc.), and that he was out-of-status.

We're getting everything together now to send the AOS, but we were told that since by the time they get it, he'll have overstayed longer than a year, if the AOS gets denied, he'll incur the 10-year bar. Is that correct? The reason I'm posting in this forum is because someone who's gone through the process told us that if we file a 601 it won't matter that he overstayed. Is that right? We don't expect his paperwork to be approved, just because he'll have overstayed for so long, but if what we were told is accurate, it seems we have a bit of hope.

Last question: if we were to leave the US, what would that do to his status here? Would we be able to just complete his paperwork from the UK since he left of his own accord, or would that somehow hurt his status?

Thanks to anyone who can offer some insight!