What to do? Greencard holder married to U.S citizen moved with husband to Germany

[Izzy88]

Hey everybody, maybe somebody can help us?! I I married in 2007 my now husband and we are happily together ever since. I received my permanent resident card in June 2009. Now we live in Germany , my husband thought it was a good idea to move to "my" country and get the eduction we need and for our son ( who is american citizen) to be closer to my family for a few years. Now that we are here we realized that my return to the U.S (we plan in about 5 to 6 years) might be in danger. We live in Germany now for 5 months so my greencard is still valid and doesn't expire till 2019 but I didn't apply for a reentry permit since they are only valid for 2 years. Here are my questions: how can I travel to the U.S to visit our family while living in Germany ? Should I go to the U.S embassy now and try to already explain? Will I qualify for a "returning resident" visa in 6 years? Keep in mind I lived in the U.S for 5 years, I have family and friends there. Thanks for all the help.

 

[ghee108]

Hi,

If you stay abroad that long, your US residence could be considered to be abandoned. The expiration date on the GC is just for the document itself.

 

[gunt]

this question is in wrong part of the forum. you should have asked this question in "Life after Green Card" section.
i think you have three options.
1) return to USA very soon. hope that you are allowed back in. then apply for re-entry permit. After you apply for re-entry permit, i think it takes about 45 days or less until you are fingerprinted at a USCIS office. Once you are fingerprinted, you can leave the USA and just have the re-entry permit delivered to your friend's house in the USA, who then sends it to you in germany.
2) forget about the green card and just see what happens. If in the future the card is taken away from you because USCIS thinks you have abandoned it, then just reapply for a new green card based on your marriage to your husband.
3) try to get a returning resident visa. see here http://www.immihelp.com/greencard/returning-resident-visa.html

 

[Izzy88]

Thanks to all of you for your help, sorry for posting it in the wrong section... My fear is just that they can completely forbid me to live in the U.S but my husband thinks that is would be rediceluous because we are married. So if I dont get the returning resident visa I could just go to the U.S and apply for the greencard like I did in the first place? (fly down there and just start the paperwork without getting a visa before departure?) my main question is how can I fly down there between now and 5 years from now to visit family ? Going to the embassy and honest would be the best thing right???

 

[gunt]

it is hard to answer you questions directly as we do not know exactly what you are going to do and when. You need to make up your mind about whether you are going to live in the USA or not. If you are going to live in the USA, then follow the options to get re-entry permit or returning resident visa. If you are not going to live in the US in the near future, then just forget about it and consider your green card abandoned; then much later in the future if you change your mind and want to move to the USA, your husband would petition the consulate for a new green card for you based on your marriage. once the new green card had been granted, you could live in the USA again.
Figure out what you want: to live in the USA now or not. You cannot be a permanent resident of the USA if you don't plan on living there. If you are not going to live in the USA for the next five years, then consider your green card abandoned. You can even surrender your green card formally by sending a form and the card to the USCIS. Once you have surrendered the green card, then you are free to visit the USA on a visitor's visa.

 

[gunt]

If you voluntarily surrender the GC, you'll easily get a tourist visa after that. But if you wait for them to forcibly cancel it, that's when you could have difficulty with getting the visa.