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Topic: Has anyone been in the unique situation of...  (Read 1831 times)

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Has anyone been in the unique situation of...
« on: September 12, 2004, 12:09:38 PM »
having to DCF twice? My husband and I applied and received a conditional residence greencard. A few months after living in the US, we moved back to the UK due to a shortage of employment and lack of preparation on our part.

We are now considering sending back his greencard to the embassy, and going through the process again. (We are sending it back because we have been back almost a year and it was conditional anyway) We have since celebrated our 2nd anniversary.

Has anyone been through this? Does anyone (excluding Squirrel) forsee any problems with this?

Any advice would be very much appreciated.

:)


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Re: Has anyone been in the unique situation of...
« Reply #1 on: September 12, 2004, 10:52:01 PM »
You said that you've only been out of the US for less than a year?  If that is true, then the green card is still good.  Just get back to the US before the year is up. 

I would contact the INS or goto their web site.  It seems that if you are out of the country for less than a year you green card is still good.  If you are going to be out of the US for between 1 and 2 years you need a reentry permit to keep your green card valid. 

The fact that it was conditional doesn't mean that you couldn't leave.  Now if it has expired, I'm not sure what you do about that.  But the condidtional green (beige) card is good for 2 years. 

Goto www.uscis.gov and click on green card holder on the right hand side. 

Becca
« Last Edit: September 12, 2004, 10:53:48 PM by beccaboo »
Dream a dream of England .......... Some day


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Re: Has anyone been in the unique situation of...
« Reply #2 on: September 13, 2004, 03:26:47 PM »
Thanks so much Becca. :)


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Re: Has anyone been in the unique situation of...
« Reply #3 on: September 13, 2004, 03:41:11 PM »
Phew - lucky you didn't get a response from Squirrel - goodness knows what could have happened.

Of course, doesn't look like that's going to happen.  Seems she's left.  :-\\\\
"Beer is proof that God loves us and wants us to be happy."

- Benjamin Franklin


Re: Has anyone been in the unique situation of...
« Reply #4 on: September 13, 2004, 04:23:36 PM »
 :o :o


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Re: Has anyone been in the unique situation of...
« Reply #5 on: September 13, 2004, 10:31:06 PM »
hiya!!

Mart and I havent had to DCF twice but we sure have been afraid of having to. Good news though if you've been out less than 365 days. Just hop back over for a short trip before that year mark hits and your year will start over. Ive you've been over there for a holiday since you moved back to the UK, the date you left the US (from that holiday break) is the date your year starts over again.

One good reason for staying out of the UK that long is due to economic factors beyond your control and liquidation of assets abroad. Might care to keep those reasons in mind if they ask when you take your jaunt back to extend the year. Also get your removal of conditions paperwork in ASAP. If you let the validity of the greencard lapse you'll be out of luck and WILL have to DCF again. Maybe contact the embassy to see if they can process the removal of conditions for you guys since youre both in the UK right now. (though I wouldnt mention youre LIVING here... *wink* youre just here short term.)

Good luck and let us know how it goes!
Sarah
Me (US/UK), DH (UK/US), DD (US/UK)
US > UK (2001, 3 years) > US (2004, 16 years) > UK (coming soon)

Specialist in UK > US Immigration via Direct Consular Filing (DCF), Founder of Dive Into America (2003-2020)


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Re: Has anyone been in the unique situation of...
« Reply #6 on: September 14, 2004, 06:41:52 AM »
Hi all.

Thanks for the responses.

Sarah, thank you too.

We haven't been back for a visit. Frankly, we're scared of being questioned if we do take a short jaunt back. We really haven't liquidated anything and only came back because of lack of planning on our part when we moved over. It's been a case of coming back and devising a solid plan, and then moving back over (breathing space to save lots more money too). Who knows if we would even encounter a question on the way in since the year hasn't been up yet. I don't know if we are willing to take those chances. More than likely, we will DCF again and at least this time around won't have to have conditions on it or anything.

Thanks so much for you help and everyone else as well.

jna :)


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Re: Has anyone been in the unique situation of...
« Reply #7 on: September 14, 2004, 08:23:11 AM »
absenses of 6 months are not usually questioned. I see no reason why another month would matter if you make a trip now. Then you can be out for a further 6 months without question which would give you plenty of time to make your moving arrangements.

Have a look at this before you commit yourself to another dcf process. I just dont think you'll have to reapply.

http://www.jcvisa.com/keepyourgc.htm

notice it does mention that absenses beyond six months are excused if you were abroad due to circumstances beyond your control. Id say economic reaons are valid enough. If you couldnt find a job you had to go SOMEWHERE. Just take proof that you are making arrangements to make the move properly this time.
Me (US/UK), DH (UK/US), DD (US/UK)
US > UK (2001, 3 years) > US (2004, 16 years) > UK (coming soon)

Specialist in UK > US Immigration via Direct Consular Filing (DCF), Founder of Dive Into America (2003-2020)


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