Can we file I-751 if we live abroad (Europe) for now?

[DavidLM]

Hello,

I got my GC in December 2007 with the two year conditional basis. In the meantime, we moved to France in Nov. 2008 and we plan to live there for a few years. Yet since my wife and our son are Americans, I would very much like to find a way to remove the conditional basis on the green card (in case we want to move back, life will be much simpler if i have the GC), and fill in the I-751.
I read the I-751 instructions and I don't see any requirement on being a US resident. We are not US resident anymore, and we can use the CA address of my mother-in-law.

But is it legal to fill the I-751 while living abroad? plus there is no lying as USCIS will immediately realize our current residency by looking at the passport history. Next difficulty will be to get the biometrics abroad, or fly back for this..
Since it's not an every-day case and it costs $500+ to fill I-751 , I thought I will try this forum before giving USCIS a call..

Thank you,
David

 

[acr]

You are required to live in the USA by I-551. Surrender it to an American embassy by filing I-407. http://france.usembassy.gov/iv-green-card-abandonment.html

 

[Jackolantern]

I read the I-751 instructions and I don't see any requirement on being a US resident.

Residing in the US is an overarching requirement for maintaining your green card, so it wouldn't have to be mentioned in the I-751 instructions.

If you don't have a reentry permit, make sure you return to the US before November this year, or your green card will be canceled.