shakefon

I (British Citizen) entered the US on a CR1 Visa, the conditions being due to the fact I had been married to my wife (US Citizen) for less than 2 years. I am able to apply for removal of conditions in March of 2010.

Having lost my job over here and having little to no luck in finding another, I have been offered a very nicely paid job back in the UK that would allow us to build our savings and be secure, so we are considering moving back over to England with our new baby (5 months and thriving!) for a few years. Ultimately we still plan to live over here in the US, we love it here - but a lack of credit history and now a lack of available employment is making it very difficult.

So my questions:

1. I understand that when you apply to remove conditions, an interview is scheduled but if the case officer feels there is enough evidence that the marriage is legitimate, this may be waived. Has anyone here gone through the removal of conditions process and not needed an interview?

2. Would it be a very, very bad idea to leave the country prior to the removal of conditions, given that we want to come back as soon as possible and make our life here as we always planned?

3. As an alien resident, I have to keep the USCIS updated with my address in the US. If we're living abroad, do we update this with them to show this? Or do I leave it as the last address we had in the US, until we return?

Thanks all!

Trixie_b

Someone with more knowledge than me will be along later, but in the mean time, I think that from what you've described, you will abandon your PR status, and if you wish to return, you will need to reapply at the time you wish to resume living in the US.

Noorah101

From what I can tell, it's very rare to have an interview for the I-751. These are usually approved without an interview. However, if there IS an interview, you and your spouse MUST attend.

You can leave the USA prior to removal of conditions, you can even file the I-751 from abroad. But you must be back in the USA for the biometrics appointment, so make sure someone is checking your mail in the USA. Make sure you will still have an unexpired green card in hand to return for the I-751 biometrics appointment. It would be best, of course, NOT to leave the USA until after you've done the I-751 biometrics and also have the 1-year extension letter in hand. Make sure you have someone checking your mail in the USA so they can send you your 10-year green card when it comes.

As always, leaving the USA for any amount of time as a PR is risky. If you intend to be outside the USA for longer than 6 months, it's prudent to get a re-entry permit first. You'll also need to get biometrics done for that. USCIS does allow for someone to be outside the USA for up to 2 years, and work and school are good reasons to be out...just make sure you have a re-entry permit and maintain strong ties to the USA while you're out.

If you apply for a re-entry permit now, it will only be good as long as your current green card is good, which is not much longer, so doesn't make sense to apply for it now, you'll just need another one when you get your new green card.

If I were you, I'd do it like this:

Stay inside the USA until March 2010. File the I-751 at the earliest possible date, so you can get the biometrics and 1-year extension letter in hand before your green card expires. Once you have done the biometrics and got the 1-year extension letter in hand, then apply for the re-entry permit (form I-131). Get the biometrics done for that, and then you can leave the USA to go work overseas.

Have whoever is checking your US mailbox, send you your new green card and your re-entry permit when they arrive. Maintain your ties to the USA...banking, property, file a US tax return each year, and don't be gone longer than 2 years.

Also, might not be a bad idea to have a consultation with an immigration attorney to go over this (or your) plan, to see if he can offer any other advice for not abandoning your PR status. Make sure to consult with an attorney who has tried and won abandonment cases before.

Rene

BritishGuy36

If you go to another country to live for a few years, you are in fact materially abandoning your LPR status in all but name. You'd likely have a hard time convincing anyone (especially not USCIS) that you're 'temporarily living abroad', when it's running into years.

You might be able to hang on to your LPR status form this time around...but is it really worth it? If you count up the costs for removal of conditions, filing for re-entry permits etc....is that really going to cost much less (or even any less) than just getting another visa in a few years? Plus next time, it will be an IR-1 - so cheaper, as you'll have no need to remove conditions.