CallumBarker

I hope I'm posting this in the right forum. Basically I am a conditional US resident based on marriage, and my conditional residence expires and can be renewed in April 2017. That said, I was accepted into a masters programme that starts in October in the U.K., and as such I'll be overseas when that happens. Is it possible to apply for removal of conditions while overseas? Would it new wise to fill out an I-131 (re-entry permit) in order to be able to return once my course of study is finished, a year later?

I'm confused as to what the best option to take is, and I don't want to mess up my ability to come back after this temporary period of being away.

Thanks for all of your help over the years.

Rete

I've asked that your post be redirected to the correct forum --- marriage-based forum.

My advice would be to apply for a re-entry document via form and not leave until you have had your biometrics and received the document. It will allow you to be outside of the US for up to 2 years. I would also suggest that you keep some things open in the US to show that you are not abandoning your residency. That is only my suggestion.

You can apply for removal of the conditions from outside of the US. There was a gentleman who did that about 2 years ago when he returned to Scotland for a while because of a parent's illness.

I'm also assuming your wife is going to the UK with you.

Jerseygirl

I have moved the thread.

Rete

Thanks, JG

Pulaski

I agree with everything Rete said, except I assume that your wife is staying in the US while you're studying back in the UK.

You are a "permanent resident", and your green card has conditions, you are not a "conditional resident", mostly because there is no such thing!

As a permanent resident you can spend prolonged periods outside the US for several things, notably including periods of study. A reentry permit would certainly be recommended, and you should do other things, such as maintaining a bank account, ties to the community, owning a car, and owning/ renting a home (no one thing is necessary, but the more ties you maintain, the better). If your wife is remaining in the US, these things should be a mere formality.

Noorah101

The I-751 can be sent to the USA from the UK. But the biometrics must be done in the USA, so be prepared to make a trip to the USA to get this done on the day it's scheduled by USCIS.

I suggest filing the I-751 at the beginning of the 90-day filing window, so you'll still have a valid green card to return for biometrics. Make sure someone in the USA is checking your US mailbox, so they can get your biometrics appointment letter, and also can send you the 1-year extension letter, which you'll need for travel after your green card expires.

Rene

CallumBarker

Thanks for the quick responses, and for moving the thread to where it needs to be!
I've read in a couple of places that a reentry permit is only valid as long as the green card is... Is that accurate? So if my green card expires next April but the reentry permit would allow me to stay until, say, next September but I apply to remove the conditions would the reentry permit remain valid?

Since we'll be moving, we won't have property in our names here, but we'll have our US bank accounts, will likely travel back to visit family etc., all of those things. Could my mother-in-law's address be put down as our US address for correspondence? We did live with her before being married and even in our current apartment would probably consider her address our 'permanent' address.

Apologies for the convoluted enquirers, and thanks again so much for your continued help.

CallumBarker

Thanks Noorah, that's great info.

Rete

You bring up a good point about the validity of the re-entry permit. I would most certainly apply for it before you leave as it will show that you were only going to be out of the country for a limited time period. As Rene noted the 1 year extension letter will be mailed to you and if needed you can reapply for a new I-131 once you have that. You remain a PR until the I-751 is adjudicated, one way or the other.

Change your mailing address to your mother-in-law's. Submit the AR-11 and at the time of your filing use her address as the care of address since you will be back in the UK at the time of filing.

Noorah101

Can you really not do this course 1 year later, and avoid the hassle? Once you have your 10 year card, it will be a lot easier to stay out 1 year.

That said, yes you are right, the re-entry permit will expire when your 2-year green card expires. The re-entry permit just helps show you do not intend to leave the USA permanently, if that ever comes into question. It's unfortunate that you'll be cutting most ties while you're gone.

Yes, use your mother in law's address when filling the I-751.

Rene

Pulaski

Now you're just making words up!

Noorah101

Don't forget that as part of the I-751 package, you need to show paper proof of your joint life together. Don't forget to file a US tax return while you're outside the USA.

What visa will your wife get that allows her to stay 1 year in the UK? Will she be working in the UK?

Rene

CallumBarker

Thanks so much. I think I've got all the info I need, not as terrifying a process as I first thought! I'll get on with submitting the I-131 and AR-11 asap, since we might be away in 5-6 weeks time!

Noorah101

That stupid auto correct does that every single time I type "when"! Grrrrr.

Rene

CallumBarker

Good advice, we'll do our US tax return as usual. She has applied for a settlement visa, as that was only visa that we could apply for that would allow her to work while in the UK, and she has a job offer in the UK. Now that you mention it would her having applied for 'settlement' pose problems? The only alternative would have been a work visa for her but they're borderline impossible to get for non-EU citizens, at least under our circumstances.