Nylon

Hiya it's been a while since I posted on here and since this site has never failed me I thought it would be a good idea to post my questions about removing conditions off of a green card.

My husband and I moved from London to NY about 19 months ago and because we were not married longer than two years there was a "conditional residence status" put on his card. We are now in the process of taking it off. The expiration date for this is 3rd April. How long does this process take? I used to work at the American Embassy in London and a mate of mine told me that it should not be problematic at all. It's just a matter of sending in the forms, documentation to prove the evidence of the relationship and of course the cash. I can't believe the bloodsuckers are taking more money to complete this $275!!

The other question I have is once the conditions have been removed, how long is his green card good for? I know he would have to renew it down the road (i.e. every four years, etc.). Does anyone know how long it is until it expires again? (My best mate in London who's husband also has a green card has to travel back to the U.S. every so often to renew it but I can't remember if it's every 2, 4 or 6 years. And yes I believe in order to maintain a "green card" status you must live in the U.S. I think anyway but I could be wrong). Which leads me to another question. There is talk among my husband and I that if the opportunity presents itself (him securing an awesome position) that we would move back (as we really loved living in London and miss all our friends/family there) but I wouldn't want him to give up his green card (just in case as things change as we all know life does throw you some curves along the way). I know this can not be on the up and up since I hear from my best mate that if her husband is ever "found out that he's not living in the U.S fulltime" his green card can be revolked. Is there a certain amount of time that they cannot take your green card away? As for becoming a dual citizen my husband has no desire to become one and honestly that's fine with me. So taking that route is a mute point.

Many thanks to anyone who can give me some insight on this.

Cheers..

fatbrit

Is your husband basing his reluctance to become a dual citizen on the real facts?

For many in your position, it is the only sensible solution, with little or few drawbacks for most people.

Nylon

I'm sorry I'm having a senior moment and don't understand your question. The real facts of the situation we are in? (In the beginning when we married I thought it would be a great idea if he did become an American Citizen and have even tried talking him into it. You have to understand where I come from to put it in the shortest answer possible - I am a person who has red, white and blue blood running through my veins and pumping my heart with life..always will be! BUT ever since living in another country other than the U.S.A. a lot of things have changed in my mind.) But getting back to your question on why he won't. Just like I would never entertained the idea of becoming a British citizen when I lived there - loyalty and allegiance. He's a Belgian citizen and does not want to be have any other allegiance to any other country. If he had to pick a country he would become a citizen of I would have to say England (since he was born there).

and if you are talking about the real facts on his reluctance. I believe you have to live in the U.S. for six years before coming an American citizen (unless of course your illegal then you get anything you want! ) but I cannot honestly say if we'll be here that long for him to even apply to become a citizen so going that route I don't think is an option.

fatbrit

I asked because many people have no idea that it isn't a great problem being a dual citizen. See: www.richw.org/dualcit for the US perspective

BUT if he's Belgian, he can't do the dual cit thing -- so it's moot anyway. He would lose his Belgian nationality were he to naturalize here.

BTW, you can do the US naturalization after 3 years through marriage, takes about six months paper pushing to getting your certificate. Still moot, though!

In reply to your original question, the next green card lasts 10 years but your status never expires provided you meet its conditions. And moving to another country is not meeting the conditions. Looks like you're going to be in bureaucratic purgatory for many years.

Nylon

Oh joy!! Well thanks for the info.

Cheers.

Duncan Roberts

If he was born in England before 1983, chance are he could already have UK citizenship by birth.

penguinsix

A green card is valid for a ten year period and you MUST remain in the United States for it to be valid (with execptions for short <6 month trips). It is a permanent 'residence' card after all, emphasis on 'residence'. If you leave the United States for more than six months, then you may have to prove (at the border) that you maintain a house, bank accounts, and other ties to the US. If you are gone for more than a year, it is generally considered that you have abandoned residence and the card is no longer valid. If you came back and they said "how long were you away' and you replied 'oh, four or five years' they'd probably snip it with a scissors right there.

What you mate is doing is generally known as 'tapping up' which is really on the grey area, and you friend is right--if he gets caught they will take his card. People tapping up try to set foot on US soil every 6 or 12 months so they can say 'I'm still here.' Of course, if it came down to it, the guys at the border can just up and take the card there if they started grilling them on work, home, etc. It really gets down to who you meet in line at the airport.

If you are working in the UK for a US company, or the US military, a clergyman or an academic (I think) then there is a quiet exemption to the 'physical presence' requirement of a green card. He may want to consider that.

The green card does not become permanent after a set period of time, though after a number of years of having a green card you could apply for US citizenship (and quietly keep your UK passport as well). You said you don't want to do that, but it would be the best way to secure entrance to both countries (though tax and other burdens would follow).

Nylon

He was born in Tidworth on an Army base there in '63. BUT.......when they moved to Belgium (his mom is from there) and some 10 years later decided he wanted to become a police officer (equal to a State cop here) he had to rescind his English citizenship in order to become a police officer in Belgium. In the end he didn't even become a police officer but fell into the world of technology. It does say on his birth certificate that he was born in England does it matter if you rescind it?

Bob

To remove conditions, read up on the numerous threads in the marriage based visa forum here...

but you apply within 90 days of the date on your greencard....your status doesn't expire, but you do need to renew the card every 10 years.

Bob

yes, it means he lost it.

Duncan Roberts

Yes, but I guess it all depends on how it was done. If he just told some random Belgian bureaucrat, possibly not. If he went through the British embassy, filled in paperwork and swore to it, yes. That's not based on anything though, just speculation.

Nylon

That's what I figured. Oh well. But thanks to everyone for the info about how long his green card is valid for after the conditions are taken off.

Cheers to everyone!!