I-751 While based in the UK
 

Hi all,
Hope everyone is surviving.
I was granted conditional permanent residence status in March 2019 with a CR1 visa. Because of covid we return to the UK in May 2020. We hope to return to the US at some point this year or next. I now need to complete the i-751 form to remove conditional status. Does anyone know if the fact we've been in the UK since May 2020 will damage our application?

Thanks in advance.

Re: I-751 While based in the UK
 

It might. You should have a consultation with an immigration attorney who has experience with abandonment cases. You might have abandoned yours already.

Even if you file the I-751 now, you will need to be prepared to go to the USA for a biometrics appointment if needed.

How can you show your continued life together in the USA when you've been living in the UK for nearly a year?

Rene

Re: I-751 While based in the UK
 

Oh wow! I really didn't expect that to be the case. So you have to live in the US continuously for 2 years to then have the conditions removed? I'm quite shocked by this.

Re: I-751 While based in the UK
 

You have to live in the US continually for as long as you are a PR. That is what a green card is for. The two year conditional period is to show that you are still married to the same USC that sponsored you for the green card. Of course, you can make trips and stay out of the country for long periods of time. You are not a prisoner.

A stay outside of the US for one continuous year will reset your time clock for naturalization. What have you done to preserve your residency in the US? Bank accounts? Payment of taxes? Home ownership or rental agreement? Just a few things to show you preserved your US residency?

Re: I-751 While based in the UK
 

This has knocked me for six, I must say. Yes, I have a US bank account, and I'm just about to do my taxes for the year. We own property in the UK, but not in the US. I wonder if there is greater flexibility because of covid?
So you're advice is to talk to a lawyer as this is an abandonment case?

Re: I-751 While based in the UK
 

Yes, talk an immigration attorney who is well versed in abandonment issues. I'm NOT stating that it is an abandonment case. You have been outside of the US for less than 1 year. Why don't you and your spouse fly back to the US withing the next month and resume your lives here in the US.

Why did you not research leaving the US to live abroad while a US Permanent Resident? There was a way to help maintain your residency status by applying for a re-entry permit via form I-131. This, under the right circumstances, would have allowed you to live outside of the US for up to 2 years. There is a returning residency permit that can be obtained at the US Consulate but again you need the correct circumstances to prove why you did not return sooner to the US. An attorney will assist you with all the in-depth information you need.

Without going back to your original postings, why did you leave the US after obtaining your residency?

Re: I-751 While based in the UK
 

If you do consult with an attorney, you might want to expect some figurative head scratching on the best way to approach the issues.

Re: I-751 While based in the UK
 

We returned to the UK because my wife lost her job because of covid and was pregnant. We'd like to return to the US but certainly not in the next couple of months.

Re: I-751 While based in the UK
 

This Wiki page might be useful - https://britishexpats.com/wiki/Green_Card_Abandonment

Good luck.

Re: I-751 While based in the UK
 

Thank you!

Re: I-751 While based in the UK
 

Yeah, good luck with this one. Attorney is absolutely the way to go.

Might end up having to relinquish the green card and start over with a new visa application.

Re: I-751 While based in the UK
 

Have to ask but is she in the UK legally, i.e. did you apply for a visa for her to enter and live in the UK? Or did she just fly in with you and take up residency? Isn't that illegal? Or is she a UK citizen, as well as a USC.

Re: I-751 While based in the UK
 

From earlier posts she is US/UK citizen by the sounds of it.

Re: I-751 While based in the UK
 

Why? .....you applied for a visa to live in the US. If you do not take up living in the US why should the visa not lapse?

Re: I-751 While based in the UK
 

I just read that page. Sad to say, there are many inaccuracies in that wiki — too many to enumerate.

Re: I-751 While based in the UK
 

I agree.

Re: I-751 While based in the UK
 

The Wiki is for forum members, by forum members - please do take the time to edit it if you spot a mistake.

Re: I-751 While based in the UK
 

As stated, I wasn't going to troll back to review her citizenship and/or immigration status in the UK. Thanks for supplying it SD.

Re: I-751 While based in the UK
 

I’ve been in a little bit of a similar situation. Ended up leaving the US end of Feb and returned end of Nov. Wasn’t planned. Wife wanted to spend time in UK with mum and we had a nice house in US and small apartment in NJ. Covid killed my ability to visit customers in US and our NJ office was closed. Nice garden in UK or 2 meter x 1 meter balcony in NJ.

I was pretty nervous flying back in. Had all my evidence of bank account, tax filing, just expired car lease, apartment rental agreement with us etc. Flew in with my wife, got asked how long we had been away for. Said 9 months and no further questions !
Been back to UK and back since. I would make sure your wife is with you.

I am guessing your I-751 may be lacking a bit of evidence if all you have is your bank account in the US with your wife. Not sure they will go with a joint mortgage in the UK for example. As I am seeing it will be a good 18 months after filing your I-751 before any interview and hopefully by that time you will be back in the US permanently with additional evidence if needed.

If you have no intention of being permanently in the US in the near future if maybe not worth you filing the I751 ?

Re: I-751 While based in the UK
 

thereon,

When you became a US Permanent Resident (received your 2- year green card), from that point on, your permanent place of residence was meant to be the USA. You were allowed to make trips outside the USA, but those trips were supposed to be temporary in nature. But your home and work were meant to be in the USA.

Definitely consult with an attorney to see your best way forward from here.

Rene

Re: I-751 While based in the UK
 

I feel like the clue is in the name... *permanent* resident.

Best of luck, I'm not sure if there is any COVID flexibility, I assumed they were hard and fast rules. That said, I'm not an immigration attorney and you definitely need to invest in one. Or just relinquish your GC and start again.

Re: I-751 While based in the UK
 

Rather than rewrite the wiki, I will mention that this 2011 article by Henry Chang does not evoke any adverse reactions by yours truly.

Re: I-751 While based in the UK
 

You need to discuss your situation with a lawyer who has actually tried an Abandonment case, most have not.