Relocating outside US after conditional green card based on marriage

[ragrawal]

Hi everyone,

In November 2009, I got my conditional green card because my wife is a US citizen. Then in Feb, 2009, we temporarily relocated to India as expats for 5 months for a work related project. We are returning to US in August, 2010.

There is a job offer for me based out of Asia starting February, 2011. This is likely a temporary position for 1-2 years, after which i will most likely be back to US. So my question is the following:

a.) Can I expect to retain my conditional green card if I take up this job offer in Asia? (there will be plenty of travel back to the US. We also own 2 properties in the US. My wife's parents are in the US. We can be back in the US for our removal of conditions GC interview/processing in September of 2011)

Thanks!
A

[immihelp]

Read https://www.immihelp.com/retain-greencard-useful-tips/

[ragrawal]

This unfortunately does not answer my question. Has anyone been in a similar situation?

[Tiki]

As far as I know, you can be out of the US for 6mths or less WITHOUT a reentry permit. I.e. Feb. - Aug. is ok (make sure it is within 6 months, and not a day OVER!!!).

For your Asia employment, you would have to apply for a REENTRY PERMIT BEFORE you leave the U.S. NOTE: your reentry permit would be valid for 2 years starting from the day of filing. So don't file too far in advance. And I believe you can only get a reentry permit ONCE (or absolutely MAX. twice). I.E. make sure you don't "waste" your reentry permit on an overseas mission that lasts less than 6 months!

But to begin with: Don't forget to file for your "removal of conditions" of your conditional greencard. Part of that process is an interview where both you and the US citizen spouse go to an interview.

Hope this helps or at least gets you thinkinG!

[ragrawal]

Thanks Tiki! If I can be out of the US for less than 6 months at a time, can I keep the conditional card 'alive' until September 2011(when I have to apply for removal of conditions) by making sure I am never outside the US for more than 6 months.

So even if I am employed out of US, I can make sure to make trips back so that conditional card is never invalidated. And then when time comes to renew the card, I can work out of the US for 3 months and make sure my card is renewed and come back to my foreign employment. Is that a valid way of doing this? Or does the fact that I am employed overseas automatically invalidates my conditional green card?

Many thanks in advance!!

_______________________
Tiki As far as I know, you can be out of the US for 6mths or less WITHOUT a reentry permit. I.e. Feb. - Aug. is ok (make sure it is within 6 months, and not a day OVER!!!).

For your Asia employment, you would have to apply for a REENTRY PERMIT BEFORE you leave the U.S. NOTE: your reentry permit would be valid for 2 years starting from the day of filing. So don't file too far in advance. And I believe you can only get a reentry permit ONCE (or absolutely MAX. twice). I.E. make sure you don't "waste" your reentry permit on an overseas mission that lasts less than 6 months!

But to begin with: Don't forget to file for your "removal of conditions" of your conditional greencard. Part of that process is an interview where both you and the US citizen spouse go to an interview.

Hope this helps or at least gets you thinkinG!

[Tiki]

A conditional resident has the same rights as a premanent resident. AND you can file for removal of conditions while outside the US. This info is under "Greencard" tab of this website (sorry, I couldn't cut and paste for some reason). So you should theoretically be ok.

Good luck!

Tiki

[Xkuger]

Remember even post removed you will still have to stay in the US 6 month+ in a year and also less than 6 month outside the US.

So you will still not be off the hook to maintain your residence.