theroon

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.

Noorah101

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

theroon

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.

Rete

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?

theroon

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?

Rete

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?

S Folinsky

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

theroon

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.

christmasoompa

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

Good luck.

theroon

Thank you!

civilservant

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.

Rete

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.

SanDiegogirl

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

SanDiegogirl

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?

S Folinsky

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