Conditional green card living/working abroad

[msun79]

Hi Guys,

I am on a conditional green card, my two years will be up in about a year's time - February 2012. My wife who is a US citizen and I are contemplating about living and working abroad temporarily if feasible. I have been researching to see what our options are and hence this post. I did read about re-entry permits but it appears that it gets even more complicated given the conditional green card.

Has any one here on the forums been in a similar situation. Is there a way we could postpone the process without abandoning the green card?

The easiest thing to do would be to sit tight and enjoy our time here which we would do for sure but like always want to figure out if there is a decent fail-proof way around. Between our intention is definitely to return back to the states.

Appreciate your time.

 

[BigJoe5]

Hi Guys,

I am on a conditional green card, my two years will be up in about a year's time - February 2012. My wife who is a US citizen and I are contemplating about living and working abroad temporarily if feasible. I have been researching to see what our options are and hence this post. I did read about re-entry permits but it appears that it gets even more complicated given the conditional green card.

Has any one here on the forums been in a similar situation. Is there a way we could postpone the process without abandoning the green card?

The easiest thing to do would be to sit tight and enjoy our time here which we would do for sure but like always want to figure out if there is a decent fail-proof way around. Between our intention is definitely to return back to the states.

Appreciate your time.

Review INA 316(b) IF it would be on account of YOUR work abroad for a U.S. company (this involves form N-470).

Review INA 319(b) IF it would be on account of HER work abroad (this involves an N-400).

 

[msun79]

Review INA 316(b) IF it would be on account of YOUR work abroad for a U.S. company (this involves form N-470).

Review INA 319(b) IF it would be on account of HER work abroad (this involves an N-400).

BigJoe5, thanks for the information.

So if i understand this right - the options you mentioned are if I want to count my time away towards my naturalization residency requirements (3 years in my case). I have a bunch of follow up questions -

1.) How does me still being on my conditional green card affect this whole process? Would the two options only apply to me when my conditions will be removed?
2.) Is there any further guidance on what kind of company one can work for - the law states that me or my wife could work for an american company provided it furthers us commerce.
3.) Finally, can we choose to stall my naturalization process, apply for a re-entry permit to live/work abroad, come back after x years and restart the 3 year residency clock for naturalization? Also how does the conditional green card affect this if it is even worth it?

Regards

 

[BigJoe5]

BigJoe5, thanks for the information.

So if i understand this right - the options you mentioned are if I want to count my time away towards my naturalization residency requirements (3 years in my case). I have a bunch of follow up questions -

1.) How does me still being on my conditional green card affect this whole process? Would the two options only apply to me when my conditions will be removed?
2.) Is there any further guidance on what kind of company one can work for - the law states that me or my wife could work for an american company provided it furthers us commerce.
3.) Finally, can we choose to stall my naturalization process, apply for a re-entry permit to live/work abroad, come back after x years and restart the 3 year residency clock for naturalization? Also how does the conditional green card affect this if it is even worth it?

Regards

Under 319(b) you would skip the I-751.

Under 316(b) you would still do the I-751.

IF you just use the REP option (you still also do the I-751), the clock does not start over from scratch. In that case you use the remedy found in 8 CFR 316.5(c)(1)(ii) and wait only 2 yr and 1 day until applying (as a spouse of a USC) or 4 yrs and 1 day (as a regular 5 year LPR) AFTER moving back to the U.S. before filing an N-400.

 

[msun79]

Under 319(b) you would skip the I-751.

Under 316(b) you would still do the I-751.

IF you just use the REP option (you still also do the I-751), the clock does not start over from scratch. In that case you use the remedy found in 8 CFR 316.5(c)(1)(ii) and wait only 2 yr and 1 day until applying (as a spouse of a USC) or 4 yrs and 1 day (as a regular 5 year LPR) AFTER moving back to the U.S. before filing an N-400.

Much appreciate your prompt responses, that was very much useful and saved us quite a bit of sleuthing.