Giving up permanent residency in US?

So here's a question. We are now in the UK, but prior to leaving my Brit Husband had unconditional permanent residency. From what I've read on other posts we're supposed to let the US Gov know that we've moved to the UK and then it will be cancelled(?) after paying hundreds of dollars?  Would we have to start all over again if we decide to move back to the states ever?

I separated this question so that hopefully it gets more responses. My husband has conditional residency in the US (he is UK I am US) and I know that if he is out of the US for a few years it is void, I think 2? I don't know, it changes. I'm not sure about unconditional residency though, since he doesn't have it yet. :/

you don't have to pay anything- if you don't have a re-entry permit and you're out of the US for more than a year, you automatically lose US permanent residency (if you have a re-entry permit, it's two years.)  You could let the US gov know as a courtesy, but as far as I'm aware it's not required.

edited to add: if you anticipate moving back someday, then letting the government know something in writing might be prudent so that they're not confused when they get a new visa application...but if you're planning to stay in the UK, don't worry about it.

We have a difficult issue. My husband has a conditional green card (we activated his visa just 6 days prior to our two year wedding anniversary) because we truly thought we were moving back to the states then my job situation changed in the UK so we didn't move back. (Needless to say my family wasn't happy and the guilt still plagues me).  Now a couple of years on we need to "remove" the condition on his green card which they say to do 90 days prior to the 2nd anniversary of entering the states on the visa. I am not sure what to do because I need to apply to remove the condition in the next few months as we do plan to move back to the states late next year when my job ends.

We do travel back to the states to visit family twice a year so his visa/green card is still active.

Anyone have any advice? Should I try to submit the application to have the condition lifted (the application goes to the states but we are currently living over here and I don't know if that will go down well) or could we apply for a re-entry visa but is the fact that he is on a conditional visa an issue or lastly should we start from the beginning and do the entire I-130 application, medical, police report process again? Really not sure what to do?

Removing conditions is the equivalent of applying for ILR when you have FLR.  I'm pretty sure you have to show that you'd lived as a couple in the US for the two years since your marriage.  (We went through this process in the US 2 years ago.)

Thanks Carrie, that is where the grey area is for me. The two year condition is really there to make sure its not a sham marriage yet again....we haven't lived in the US. Not sure what the answer is for us??

I'd contact either the USCIS helpline, 1 (800) 375-5283, or the Embassy in London.

Ask them what they think.  Because, you're right, I read through the requirements and it doesn't mention that you needed to live in the US.  But, if look at the guidelines for maintaining your permanent residence it does look like there is a possibility that they could consider him to have abandoned it.  Has he been filing tax returns?

You may be found to have abandoned your permanent resident status if you:

    * Move to another country intending to live there permanently.
    * Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    * Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    * Fail to file income tax returns while living outside of the US for any period.
    * Declare yourself a “nonimmigrant” on your tax returns.

http://www.uscis.gov/graphics/howdoi/PermRes.htm#card

So here's a question. We are now in the UK, but prior to leaving my Brit Husband had unconditional permanent residency. From what I've read on other posts we're supposed to let the US Gov know that we've moved to the UK and then it will be cancelled(?) after paying hundreds of dollars?  Would we have to start all over again if we decide to move back to the states ever?

I'm pretty sure this is true, because my husband's aunt lived in the US for 40 years and moved back to the UK 2 years ago.  Last year when she was flying back after a visit to the US they took the card (or whatever they give you) and said her residence was void.

Thanks again Carrie! Yes he is included on my tax returns. I think I will call the 800# and email the Embassy to see if I get the same answer....

We are getting ready to apply to have my husband's conditions removed and we need to provide proof (like utility bills) that we've lived together in the US this whole time. So I'd call that number if I were you, but unless they give you another loophole or an out, I'd think you'd have to reapply later, since the visa is intended for being in the US. :/

Marlespo - If you read through the rules though, they don't state anything about living together in the US.  It says that your marriage must be legitimate and not for the intention of avoiding US immigration law.  (I thought the same as you when I first saw this thread.)  So maybe it really is a grey area.  I just bet it will be hard to prove that you did not intend to live abroad permanently - I'm interested to hear what the embassy and 800# helpline have to say.  (Why do I have a feeling that they will give you different answers?  )

(Why do I have a feeling that they will give you different answers?  )

Yeah, that would be a surprise! We haven't actually filled out the paperwork yet, I've only just printed it this morning! So I haven't had a thorough read... I saw this and assumed it meant residency but as you point out, it doesn't really!:

If you are filing a joint app. with your spouse to remove the conditions on your permanent residence, you must submit the following:
USCIS Form I-751
Copy of Card
Evidence that you did not get married to evade the immigration laws of the US. Examples of such evidence includes but is not limited to:
Leases
Prooving you own property
children's birth certificates

I wonder if info about the job would be considered proof enough that an "evasion" isn't trying to take place?? Hmmmm...

It also states on the USCIS site that you can apply from outside of the country.  You just have to come back if they want to interview you.  I hope it all works out for you, Jules! 

Yeah, I'm with Carrie- it sounds like a grey area.  For the UK (FLR-ILR) the rules are very clear on this, there's only so many days you can be out of the country, etc.  But conditional permanent residency is almost identical to regular permanent residency- there's just an expiry date on it. So, if a conditional permanent resident lived out of the US for say, a little less than a year with his/her spouse, theoretically he/she would have no problem removing the conditions because US permanent residents are allowed to be out of the country for a full year before losing their residency.  If Jules' hubby had applied for a two year re-entry permit this wouldn't even be an issue because that would be proof that they were intending to come back to the US within the two year limit.  But since they've been living abroad for a year+ but have not stayed out of the US continously (thus the permanent residency wasn't automatically lost after a year), they still might be able to remove the conditions... Maybe.  Definitely a grey area.

Thanks all for your advice and research, I really appreciate it!  The interesting thing is when we had our Embassy appointment for my husband's six month visa to enter the states the woman asked if we were certain we were moving back within that time and I said yes, definitely, because there was absolutely no doubt at the time, we had planned to move back a couple of months later after that initial visit over. Then job considerations took hold on both sides (UK & US). Now thinking back I know why she asked because it was due to expire right before our 2nd anniversary...i.e. - if our appointment would have been a couple of weeks later the visa to enter would have expired safely after our 2nd anniversary of marriage and this wouldn't be a problem now.

The bottom line....you try to plan things exactly right as you know at the time and then things can change so quickly! If we have to go through the entire process all over again, then that is what we will have to do. Ironically its not really the extra expense that's the issue (although we could certainly do without), its truly the stress of it all. 

I will inquire about it and post my findings in case anyone else is ever in a similar situation.