Speedwell

Hey folks. If you can think of a better place to put this, feel free to move it.

My husband holds conditional residency. I was his sole financial sponsor. For a few important reasons we are moving back "home" earlier than expected (we did always intend to, but our hand was forced). I have a few questions related to who we need to report the address change to.

1) Since we intend to move back to stay, does this release me from my sponsorship obligation, or must my husband file the actual form (I-407) to abandon his green card?
2) Must my husband report his change of address to the USCIS? It's not clear whether or not he must do this only if he relocates within the US (including Guam, etc.).
3) Do I need to report my change of address since my husband is leaving the US permanently?

Yes, I know plans change and anything can happen; we likely won't be returning to the US in at least a year though if only because a move is so expensive, and if he is judged to have abandoned his green card, we would likely have to file DCF to bring him back anyway. I'm just kind of trying to make sure all paperwork is in order for us to leave.

Thanks!

Noorah101

If the move is permanent, then he pretty much is abandoning his PR status, so you won't be responsible for the I-864 anymore. If he REALLY wants to make it clear that he is abandoning his PR status, he can file form I-407 to give up his US PR status. If he doesn't file an I-407, he doesn't necessarily abandon his US PR status immediately....he remains a US PR until an Immigration Judge in the USA determines that he abandoned his status (for example if he tries to return to the USA using his green card after a lengthy absence from the USA). While you are both outside the USA, it's not likely he would be applying for any US-means-tested benefits anyway, so the I-864 isn't really a concern if he's not inside the USA.

To my layman's knowledge, he doesn't need to report a change of address if he is moving permanently outside the USA.

No.

Rene

Speedwell

Thank you, Rene, as always.

KCK_DR

If he plans to return in two-years' time then he should file for a long term absence and avoid having to go for a second green card

Noorah101

Long-term absence = Filing an I-131 form to obtain a re-entry permit. Must be inside the USA long enough to get biometrics done, but can then leave the USA, as long as someone in the USA is checking the US mailbox and can send him the re-entry permit once it arrives.

Also note that having a re-entry permit in hand doesn't necessarily keep one from abandoning US PR status. The PR must also maintain ties to the USA and be able to prove they did not intend to abandon PR status, and that the trip abroad was temporary in nature (even if temporarily for 2 years).

Rene

KCK_DR

Thanks for the details,

Speedwell

Yup. That won't apply to our particular case since we would be returning to the US in 2 years only if something went badly wrong, but it is useful to know for other people's cases.

civilservant

OK....

Speedwell

What?

civilservant

I feel a little abandoned

Pulaski

I thought he was passing comment on you not planning on coming back. It is not uncommon for "one way, forever" journeys to be reversed unexpectedly. Don't burn your bridges.

Speedwell

Good point well taken. Thanks.

Speedwell

Awww We'll be back. Dearly beloved still wants to see New Orleans and is scunnered he missed Mardi Gras this year, lol.