I-751, Removal of Conditions of Residence while abroad

[fsidd]

Hello all,
My wife has a conditional GC (through marriage) which will expire in the next 2 to 3 months so we are filing for her I-751. However, some things have changed since we first filed for the GC in New York

- Since Sept 2010, we have moved to another country in the Caribbean due to an international assignment I have taken with my company (we are still 3 hrs flight to NY)
- My wife since Sept has stepped into the US in Nov and Dec and will be there again in 2 weeks time (so she has not been outside the US at a stretch of 6 months)
- we have continued to maintain an address, bank accounts, taxes etc, in the US especially considering this assignment is only ~3yrs

Based on the above, do you think we will have any issues with the I-751? I don't see any real issues although we will need to do some back & forth travels (biometrics, interview).

Secondly, when should we inform the authorities that we are living abroad presently. Although we will maintain an address, bank account etc. and will most probably be visiting the US within every 6 months.

Thirdly, once she has the permanent GC do we need to file anything considering we plan to be living outside the US for the next 3 yrs at least.

Thanks all for any help on any of the points.

Cheers.

 

[Concerned4us]

IF this is an international assignment for a US company, their attorney should be assisting you as there are regulations covering this situation. Other than that, if you are working for a non-US company and she she is just visiting to keep her GC, this may backfire on her. Why has she not filed for a reentry permit?

I suggest that in either case, you need to consult an attorney since you plan an extended stay abroad.

 

[Noella]

Hello all,
My wife has a conditional GC (through marriage) which will expire in the next 2 to 3 months so we are filing for her I-751. However, some things have changed since we first filed for the GC in New York

- Since Sept 2010, we have moved to another country in the Caribbean due to an international assignment I have taken with my company (we are still 3 hrs flight to NY)
- My wife since Sept has stepped into the US in Nov and Dec and will be there again in 2 weeks time (so she has not been outside the US at a stretch of 6 months)
- we have continued to maintain an address, bank accounts, taxes etc, in the US especially considering this assignment is only ~3yrs

Based on the above, do you think we will have any issues with the I-751? I don't see any real issues although we will need to do some back & forth travels (biometrics, interview).

Secondly, when should we inform the authorities that we are living abroad presently. Although we will maintain an address, bank account etc. and will most probably be visiting the US within every 6 months.

Thirdly, once she has the permanent GC do we need to file anything considering we plan to be living outside the US for the next 3 yrs at least.

Thanks all for any help on any of the points.

Cheers.

I would agree with that advice.

Visiting the US every 6 months does not unfortunately help much of what I have read so far.

Make an info pass appt and consult with the immigration officer you meet about your situation.

The stay outside the US will definitely interfere with her naturalization process eventually as her required presence will not be sufficient seeing as you guys are gonna be out of the country at a 3 year stretch.

 

[Jackolantern]

Thirdly, once she has the permanent GC do we need to file anything considering we plan to be living outside the US for the next 3 yrs at least.

Extensive travel for 3 years is more than long enough to put her green card in jeopardy, even if she travels to the US every 4 or 5 months.

If you are a US citizen working abroad for a US company or government agency, she should look into obtaining expedited citizenship under Section 319(b).

Secondly, when should we inform the authorities that we are living abroad presently.

You don't. She's supposed to maintain a US residential address when abroad.

 

[fsidd]

Thank you all for the valuable feedback. I am not working for a US company (it is French) so I guess we cannot expedite the process.

I think I need to first file I-751 and complete this process. However, it makes sense to create an infopass beforehand to inform them that we plan to move to another country for my job for 3 yrs however currently we are travelling back and forth (which is technically true). Perhaps I will need to consult an attorney to review our options as well.

Of course we can continue to maintain an address and travel within every 6 months if that will solve the issues. Otherwise of course we will not just move back to the US for the sake of her GC. She is a British citizen so she doesnt have any issues visiting the US either.

This process sounds quite ridiculous & inflexible when looked upon from our lens. It is normal that people move around globally for a career or personal reasons.