kariml

Hi
I have checked the processing times for Louisville and it looks as though they are processing I-485s filed in July. We filed this past Sept., but decided a few weeks ago we will be moving back to Germany this time next year.

It is likely that he will receive his green card before we move. We were the ones who were told no interview if anyone remembers so we won't have to wait on that part.

I have been told that by moving out of the US for an extended period of time (1 or 2 years?) that he is abandoning the green card. This part is OK with us as we probably won't be returning for a long time.

Is there anything we need to do prior to moving next year? What would happen if he gets the green card, we move and then visit the US 6 months or a year later? Would the green card be valid or would he enter VWP? If he does not get the gc before we move is there a way to cancel it? This is getting a bit confusing!

Any thoughts, suggestions, recommendations or links to other info are welcomed. I cannot seem to find information about this anywhere.

jeffreyhy

kariml,

Probably won't be returning for a long time?

I remember a guy only a few years ago (I saw a post from him only last week after a long absence) who, shortly after his wife entered on a K1 visa and they married, was offered a transfer by his company to a position in his wife's home country. She went back to prepare for the move. Without AP. The transfer fell through. He filed an I-130 and the wait began again. The long wait. There was no K3 visa at that time.

If I were your husband, I would be inclined to apply for a re-entry permit as a cheap form of insurance to facilitate keeping that 'Green Card' in case "a long time" turns out to be less than 2 years.

Regards, JEff

kariml

Guess that was a bit vague We probably won't be returning for at least 5 or 6 years.

jeffreyhy

kariml,

I guess I was a bit vague myself. The key word, and I see you're still using it, is "probably".

Regards, JEff

kariml

Well, because I don't know exactly. Could be 5, 6 or even 10 years. We might not return ever, but probably Just kidding, but it is hard to say exactly how many years will pass before we return. We don't plan on moving for just a year or 2, we are planning this as a long term move.

meauxna

kari, we've talked about what we would do in a such a situation, since we've been moving around a lot these past few years. If we did this before DAH naturalizes, I think we'd get the re entry permit for the 'just in case'. If you truly are abandoning your US residence, I'm sure the consulate abroad would have info for you on re-immigrating. In fact, there've been a couple of posts from ppl doing just that in the past month. You do have to start over, but can DCF as the USC would be resident abroad.

Folinskyinla

Hi:

Talk to an experienced immigration lawyer. This is a complicated area.

kariml

Thanks meauxna and Mr. F. A good friend of mine is an immigration attorney, but specializes in employment. She helped us file the I-129F paperwork, so she can probably recommend someone from her old firm.

We will definetly look into the re-entry permit. You never know what can happen and I would not want to encounter a situation similar to what jeffreyhy described. That would be a nightmare.

I guess the main thing we are worried about is what will happen if we choose to visit the US. I guess this is what Mr. F meant by it being complicated? For instance, what if we leave before the green card is issue, but it is later mailed out and obviously not picked up. What would be his status when visiting? Could he be denied entry? So many questions....

katnap8

Hi,

Sorry for being nosey, but are you the couple that was moving to W. Virginia for your job transfer a while back. What made you decide to move, have you ever lived in Germany or abroad. My husband and I want to move to England in the future for a similar time frame as you but were also wondering about what needs to be done if he has the GC. We already had our AOS and were approved pending his fingerprints and security check.

Anyway...best wishes

Kat and Chris

kariml

Hi
Yes, that's us, well northern Virginia/DC Area.

No, I have never lived abroad before, which is the main reason we decided to move. We also realized after discussing the DC move more that it wasn't something we REALLY wanted to do. It was more of an excuse to get out of Louisville. The original plan was to live in DC 2 or 3 years, then move to Germany. Financially it will be much easier for us to move from Louisville than from DC. We had been looking at areas to live and dealing with relocation issues and just realized it was silly to go through all that and then just turn around and do again a few years later. I have also lived in the US my entire life. I really enjoy it here, but it is time for me to experience something else.

Caro

Every once in a while, we are also thinking about moving back to Europe. It is very vague because of a lot of unknowns. But, we figured we would wait until I have US citizenship, which is 3-4 years away, and then reconsider the problem. This at least, put some kind of a "deadline" to review the situation and see if it makes sense for us to move. Then we won't have to deal with the immigration and can come back on a moment's notice if needed.

Caroline

DCMark

This is going to happen to me in 2 years when I move to France. My wife will be giving up the GC I guess. At the right time we will consult a lawyer, as the visiting question is a good one. When does the GC expire and the VWP kick in?

Of course, from BCIS's standpoint, they expect you to turn in the GC when you leave I guess.

kariml

Wouldn't the green card expire when it is considered abandoned? So if it is good for 2 years, does that mean if we visit within the first 2 years that he will enter on the green card and then anytime after that he will visit VWP? But he wouldn't actually be a US resident at that point so I would not want to do anything against immigration laws. Confusing......

jeffreyhy

kariml,

Don't confuse the physical green card with the Permanent Resident status that it is evidence of. In the case of the initial 2 year conditional period, yes the status ends at the same time the card expires, unless application has been made to remove conditions. But...

Without conditions the card can expire but the status continues. Or, the status - before or after removing conditions - can be lost before the expiration date of the card.

I shouldn't try to explain further, and I can't anyway, but this may be some of the complexity that Folinskyinla referred to.

Regards, JEff

kariml

I tend to use the words green card and permanent residency interchangeably, thanks for pointing that out - something I need to get out of the habit of doing.

Looks like it will be complicated no matter what - so many "what ifs?"