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Married in the USA then left for work in China, remove conditions on GC or abandon it

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  • Married in the USA then left for work in China, remove conditions on GC or abandon it

    Just like the title says, I brought my wife to the USA on a K-1 visa then we married here and got a conditional 2 year green card. Soon after that I got a decent job offer in China (where my wife is from) so we decided to go to China temporarily. Here green card will expire by may 2019 ... but we really want to stay in china until July. I know you have to be back in the USA to file for removal of conditions but is there a way we can put that off ? (she has a reentry permit btw) Thats one question.

    Secondly, what is the process like if we willingly abandon her green card but then decide to reapply for one a number of years later.
    (We really like China and we are saving a ton of money living here. We might just want to say here for a long time, but still want an option of returning to the US. Looking back on things I wouldn't have got her the green card if I knew it would turn out like this.)

    Advice, opinions, or any insight will help me out!

    Thanks!

  • #2
    Originally posted by Alder Evergreen View Post
    Just like the title says, I brought my wife to the USA on a K-1 visa then we married here and got a conditional 2 year green card. Soon after that I got a decent job offer in China (where my wife is from) so we decided to go to China temporarily. Here green card will expire by may 2019 ... but we really want to stay in china until July. I know you have to be back in the USA to file for removal of conditions but is there a way we can put that off ? (she has a reentry permit btw) Thats one question.

    Secondly, what is the process like if we willingly abandon her green card but then decide to reapply for one a number of years later.
    (We really like China and we are saving a ton of money living here. We might just want to say here for a long time, but still want an option of returning to the US. Looking back on things I wouldn't have got her the green card if I knew it would turn out like this.)

    Advice, opinions, or any insight will help me out!

    Thanks!
    She doesn't have to be in the US to apply for Removal of Conditions, but she will need to be in the US for the biometrics appointment and the interview (if there is one). Also, her re-entry permit likely expires at the same time as her green card, and if she will have been away for more than a year, she won't be able to re-enter, since she can't enter on her green card alone after an absence of more than 1 year, and she doesn't have a valid re-entry permit.

    You can petition her to immigrate again later if you want.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      I got her a reentry permit, which is good for up to two years. So if I am understanding this correctly. We can apply for her removal of conditions here in China. Then when they need bio-metrics taken we can go back using her reentry permit (as long as its before either her GC or her reentry permit expire). Right?

      Secondly, I know applying for a new GC would be a similar pain in the **** as before but would abandoning this GC hurt my odds at them approving a potential future one for my wife?

      Really appreciate your advice!

      Comment

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