Separation From Militray Member Stationed Overseas

[Marika]

Hello,

I was not sure where this thread should go - "Family Based Greencard" or "After Green Card /ReEntry Permit / Retaining Green Card" - so I thought I would try here.

I received my Greencard in October 2009 after my husband and I got married in the U.S. (I had lived there on an F-1 visa since January 2007 and we got married in April 2009). In January 2011 my husband and I moved to Germany (my home country - if that makes any difference - I am trying to provide as much information as possible) on MILITARY orders. We have been living in Germany ever since. The conditions of my Greencard were removed in October 2011 (and I believe because we were stationed overseas we did not have to go to an interview - I am not actually sure if this was the reason for not having to go to an interview - maybe we still have to go to one when/if I return to the U.S.?? Gosh, I am just so clueless). My husband's orders will send him back to the U.S. in January 2015. Unfortunately, we separated in November 2013, and I am not sure what course of action I should take in regard to my permanent residency (we have not filed for divorce yet). My plan is (if that is possible) to stay in Germany for another year (or maybe two) and then return to the U.S. (depending how fast I can finish my degree and save some money - I do NOT want to be dependent on my husband when I return). My husband and I have a two year old daughter and I obviously do not want to keep the two of them apart for two long, but what exactly are my options when it comes to keeping the Greencard even if I stay here for a while? Should I return to the U.S. with my husband (I understand that there is a requirement to be present in the U.S. for a certain amount of time, etc. - the rules just don't seem to apply to my situation and I am quite confused to be honest)? I read something about having four months to return to the U.S. after my husband's assignment here is up?! Is that true? How long would I have to stay in the U.S. to fulfill the "be physically present" requirement?

ANY help would be truly appreciated! Thanks SO much in advance!

Marika

PS: Sorry for the typo in the subject line

[rayb]

Marika,

Since your ability to remain outside the U.S. without loss of GC statsuus is based on your husband's U.S.military status, my advice would be to return to the U.S., apply for a Reentry Permit, then return to Germany (if that is what you prefer for the immediate future). That way, your divorce should not have affect your ability to remain outside the U.S.

--Ray B

Hello,

I was not sure where this thread should go - "Family Based Greencard" or "After Green Card /ReEntry Permit / Retaining Green Card" - so I thought I would try here.

I received my Greencard in October 2009 after my husband and I got married in the U.S. (I had lived there on an F-1 visa since January 2007 and we got married in April 2009). In January 2011 my husband and I moved to Germany (my home country - if that makes any difference - I am trying to provide as much information as possible) on MILITARY orders. We have been living in Germany ever since. The conditions of my Greencard were removed in October 2011 (and I believe because we were stationed overseas we did not have to go to an interview - I am not actually sure if this was the reason for not having to go to an interview - maybe we still have to go to one when/if I return to the U.S.?? Gosh, I am just so clueless). My husband's orders will send him back to the U.S. in January 2015. Unfortunately, we separated in November 2013, and I am not sure what course of action I should take in regard to my permanent residency (we have not filed for divorce yet). My plan is (if that is possible) to stay in Germany for another year (or maybe two) and then return to the U.S. (depending how fast I can finish my degree and save some money - I do NOT want to be dependent on my husband when I return). My husband and I have a two year old daughter and I obviously do not want to keep the two of them apart for two long, but what exactly are my options when it comes to keeping the Greencard even if I stay here for a while? Should I return to the U.S. with my husband (I understand that there is a requirement to be present in the U.S. for a certain amount of time, etc. - the rules just don't seem to apply to my situation and I am quite confused to be honest)? I read something about having four months to return to the U.S. after my husband's assignment here is up?! Is that true? How long would I have to stay in the U.S. to fulfill the "be physically present" requirement?

ANY help would be truly appreciated! Thanks SO much in advance!

Marika

PS: Sorry for the typo in the subject line