sherbert

I'm expecting our green cards to arrive soon (EB). With what is spectacularly bad timing, I've pretty much decided that being in the US is not working for me and we're thinking seriously about moving back to Europe in a year or so. The time and money (3+ years and upwards of $15,000) we spent on this is literally the only reason I haven't left already.

I've done some research and it seems that one must live in the country for at least 6 months of a year for the GC to remain valid. If you leave the country because of your work (i.e. you're transferred somewhere else) I believe that you can keep your GC valid for a couple of years. I understand you will be also need to file taxes while out of the country.

If you abandon your GC, Is it possible that you can reinstate it? There is some info, but it's very wavy. Has anyone got experience of getting a green card and then leaving the country? Does anyone know what the exact rules are? The thought of having the elusive little buggers in our hands and then simply chucking them away makes me feel a bit sick.

Also, we are here on H visas. As soon as we get the green cards, the OH will quit his job immediately (we self petitioned, so there are no ties to the company as far as the GC is concerned). Will becoming immediately unemployed after getting the GC cause any issues with immigration (i.e. OH had to state that he would forever continue working in his field of expertise - which he will, after taking a break).

Noorah101

Quitting work won't affect the green card validity.

it's not true that you have to be in the USA 6 months each year to keep the green card. You could abandon your status after just 1 day out. Or you could be out a year or more and be referred to an immigration judge upon return to the US. Each case is determined on its own merit, there is no "one rule fits all" when it comes to abandoning your PR status. It all depends on the reason for being outside the USA, the ties you are keeping inside the USA, etc.

If you end up abandoning the green card (i.e. your PR status), it can't be reinstated, no. You'd have to do the visa and green card process all over again.

Rene

sherbert

Interesting. So how do you maintain your PR status then if you're not living here permanently? What is considered to be permanent?

I don't want to abandon it though, in case we decide to come back in a couple of years time: there's no way in hell I'd go through this process again! Ties to the US would be what? Property? Employment by a US company (who posted you overseas). Would being near elderly family a good enough reason to be out of the country for a significant period?

Nutmegger

Hawkini

Do you realize the paradox of this sentence... how do you maintain your *Permanent* Resident status then if you're *not* living here permanently...

Erm...

You don't*

If you had a green card for living here temporarily then you'd be laughing. But that's called a non-immigrant visa, for temporarily living here.

* Caveat - like Noorah said, it's not quite that simple. If you don't actually live here, it's up to how much money you'd spend on an attorney who can convince an immigration judge that you were actually here permanently...!

sherbert

Yes, yes, I see the paradox. There are some good pointers in this article: Green Card Holders Staying Abroad Over 6 Months Risk Abandonment | Chodorow Law Offices

• "The safest way to avoid abandonment is to ensure that each year you are in the U.S. more than any single other country. For example, if you are in the U.S. 6 months a year, in France 4 months a year, and in Singapore 2 months a year, it is clear that your main home is in the U.S. (Your time in the U.S. doesn’t have to be continuous). This is the basic rule. It comes from the Immigration and Nationality Act’s definition of “residence,” which means one’s “place of general abode” or, in other words, one’s “principal, actual dwelling place in fact.”
• If you can’t do that, then you should document with clear evidence that your stays abroad are for a clear, temporary purpose and that you have retained ties to the U.S. that–in comparison to your ties abroad–evidence your intent to return to live here once your temporary stay abroad is over.
• If you or your U.S. citizen spouse is working abroad for a U.S. company, see LPR Living with a Citizen Spouse Employed Abroad by an American Company: Any Risk of Abandonment?
• If an LPR has been outside the U.S. more than one year straight, his or her green card (Form I-551, Permanent Resident Card) is not valid to reenter the U.S. In this situation, three options include: (a) present a valid reentry permit (discussed below); (b) apply at a U.S. Consulate abroad for an SB-1 Returning Resident Visa by convincing the consular officer that the stay abroad was temporary and its extension past one year was beyond your control; and (c) apply to a CBP officer at the port of entry for a “waiver” of the green card requirement by proving that the stay abroad was temporary and that there was “good cause” for not returning within one year."

Anyone reinstated their GC after letting it lapse (returning resident visa)?

sherbert

Not planning on going for citizenship!

Nutmegger

Then you take your chances with whatever route you choose -- only a citizen is guaranteed entry. Trying to come up with a work-around to actually being a permanent resident while retaining permanent residency is unlikely to end well in the current anti-immigrant climate.

Noorah101

Yes, some people have been successful in getting a returning resident visa, others have not. And even if someone else did, it doesn't mean you will. Depends on your own set of circumstances.

Maintaining your ties to the US could include your job, your home, banking, filing US tax returns, your spouse and children remaining in the USA while you work or go to school temporarily abroad, that sort of thing. You have to prove that your stay outside the USA is temporary, and that your permanent home is in the USA.

Rene

Noorah101

Maybe. It depends on a lot of other factors.

Rene

sherbert

Got it. Lots to consider then <and all dependent on whether the GCs finally get issued!>

Rete

If it is clearly not working for you, then why would you even entertain the thought of coming back to the US to live and work? Does your spouse like living here? Do you have children who were born in the US and are thus US Citizens? I know you have been on the forum for over 5 years but I don't recall the details of your family or if you were the one who was employed on an H visa or your spouse.

sherbert

My personal situation may be different in a couple of years time and being in the US may be better at that point.

But the main reason really is the time, effort and money we've thrown into the GC process already. A lot can change in three years (and yes, I know I am lucky it has gone that quickly for me).

It seems that there's little choice really: stay and suck up the crap parts and enjoy the (few) good parts or pack up and leave. Thanks all for your input!

neill

Where are you in the US? Have you thought about trying out a different part of it? Cliched to say, but it's such a huge country with so many options. Having the GC will allow you to be wherever you want in the US, or Puerto Rico and a few other places and maintain it. Yes Trump is the president, but he won't be president forever.

BigK

In this case, you ought to be thrilled to be done!