Can I file I-751 if I'm living in UK?
 

I have just received my conditional green card, having recently married a US citizen (I'm a UK citizen). We're thinking of moving back to UK soon, within 2 years, which is when I apply for I-751 to remove my green-card conditions. Is it OK to apply for the removal of conditions whilst living in the UK? The form instructions states this is OK if I'm away because of govt. work or military but not for any other reasons. Looks like I'll need my biometrics taken again, so likely I'll have to come to US for that if we did move. The reason I want the green card is that it's likely we'll be back in US in the future (ideally we'd like to spend time and work in both UK and US) so I don't want to have to start the process again when that happens.

Thanks
Helen

Re: Can I file I-751 if I'm living in UK?
 

I don't think you can have a green card and live outside of the US, unless of course you fall into one of the catagories you listed. Wouldn't it be easier to wait until you had permanent citizenship before you did all the moving about?

Re: Can I file I-751 if I'm living in UK?
 

The Green card is for "residents" of the US.

If you are not going to be a permanent resident for most of the year once you have it I think you run the risk of having it rescinded.

Re: Can I file I-751 if I'm living in UK?
 

By granting you a green card, the US government assumes that you are going to be living in the US as a permanent resident and there is actually a rule that you can't be living outside the US for more than a year without losing your permanent resident status (you'd need a re-entry permit to get back to the country).
However, living means living (working, paying taxes, bills, maintaining a residence etc. etc.), not visiting, so actually living in the UK and visiting the US one or twice a year just to maintain status is not recommended, as, if you come and go too often you can be questioned on that and can even lose your US permanent resident status at the Immigration Officer's discretion.
The only way for you to do what you want is obtain US citizenship, then you'll be able to come and go as you please (of course you'll then also have to obtain UK citizenship for your spouse if you both intend to split your life between the two countries). To be eligible to apply for citizenship you need to have lived in the US for 3 consecutive years (provided that you are still married to your USC husband), and be physically present in the US for at least 6 months on each of these years.

So in short, the answer to your question is no, you can't apply for removal of conditions on your US permanent residency if you're not a US resident.

Re: Can I file I-751 if I'm living in UK?
 

There isn't any such rule. While your GC is valid as an entry document for up to 1 year... time outside the US - by itself - is insufficient for abandonment of status... re-entry permit or not.


An IO does not have the authority to revoke someone's PR status. Only an immigration judge can do that.

Ian

Re: Can I file I-751 if I'm living in UK?
 

Thanks for the replies. Am I able to apply for citizenship now? I have been living in the US for 5 years, on an L1B work visa, now on a conditional green card. I've been physically in the US for the entire time (minus the odd week or 2 for holiday)

Re: Can I file I-751 if I'm living in UK?
 

No. If you're married to a USC, you must be a PR for 3 years before you're eligible to apply.

Ian

Re: Can I file I-751 if I'm living in UK?
 

You could consider waiting to move until you are eligible to naturalize? (3 years of PR status)

The I-751 may be filed while you are not IN the US, but if you are not living in the US, you may not file it to continue a PR status that has been abandoned. There are some resources about retaining your PR status at this link: http://britishexpats.com/wiki/Immigr..._.26_Documents

Re: Can I file I-751 if I'm living in UK?
 

Thanks. Does the 3 years start from the point I gained conditional PR status or will it start once the conditions are removed?
Looks like it's best to wait to move until I become a citizen. Not a big deal, just getting a little home-sick.

Re: Can I file I-751 if I'm living in UK?
 

The 3 years starts from the time you became a conditional PR.

Rene

Re: Can I file I-751 if I'm living in UK?
 

Saying "I have a green card" obscures what your immigration status actually is. A green card is an ID card - nothing more, nothing less. Your immigration status is Permanent Resident, which means exactly what is says - permanently resident.

If you move back to the UK, and are no longer permanently resident in the USA, you are likely to lose your status as a PR - because you aren't.

Re: Can I file I-751 if I'm living in UK?
 

Can be done (I did it), but you run the risk of abandoning residency. Also, a re-entry permit is only valid as long as the greencard, so if you move back to the UK with 6-months left on your greencard, your re-entry permit will only be good for 6-months. This pretty much makes it a pointless document, since you can stay up to a year outside without one anyway.

So it definitely gets tricky.

As others have suggested, I'd stay put for 2-years and 9-months and apply for citizenship. With that in your back pocket, you don't have to worry anymore and can move back and forth whenever you like.

In hindsight, that's what I would have done (well, I wouldn't have gone back to the UK at all actually, but we live and learn!).