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ariadt
Jul 15, 2009, 02:22 AM
My husband is French and is soon approaching the renewal date for his two-year Green Card, after which he would receive his 10 year Green Card. However, we are currently considering moving to France, to live for awhile. We are young and still trying to decide where we want to set down roots. There is the chance that we will stay in France for two years or more, but nothing is 100% certain at this stage of the game. I am aware that, assuming my husband obtains his long-term Green Card, he can reside outside of the states for up to two years (as long as he files for his Advanced Parole Document), but that he will have to spend up to two months in the states while waiting for the parole application process to be approved.
We are currently in the process of trying to decide whether to apply for the Green Card extension or to let it expire and apply for a new Green Card further on down the road (should we decide to move back to the states). I have many questions concerning the renewal process, and the laws around maintaining dual-residence, that I really need answered in order to make the most intelligent decision. Here they are:

-Will my husband be able to work legally (i.e. file taxes, etc.) in France while maintaining Green Card status in the states? I have read that, as long as he has his Green Card, we will still have to file U.S. taxes. Does this just mean filling out paperwork, despite not having any income in the states?

-Can I establish legal residence in France at the same time that my husband has his Green Card, without jeopardizing its status? I know that I can reside without issue for up to a year but after that I will have to apply for my carte de sejour (French residence card) for which I will have to provide proof of shared-residence with my husband in France.

-IF we decide to renew his Green Card, what kind of long-term paperwork and fees are we looking at for the two year period? Will we have to return for an interview every time we file for an Advanced Parole Document?

-If, after all the effort of maintaining his Green Card, two years passes and we want to remain in France, will he lose the card anyway? Or will we have to take an extended trip back to the states to maintain his card status?

-Is it worth the effort to maintain his Green Card, just in case we decide France isn't the place for us, or is it smarter to let it expire and renew it further on down the road? The reason I ask this is because, after having gone through the grueling process once, I am aware that often it is far more costly (i.e. filing fees, travel, lawyers, etc.) and complicated than originally foreseen. I have heard that renewing the card a second time is easier then the first application process. How much would it cost to replace an expired card, how complicated is the paperwork, and how long would it take?

I know these are a lot of questions but I am desperate for help in order to make a timely decision. I would ask my lawyer but she wants to charge me an ungodly consultation fee and I am short on funds right now.
Please, someone help me.
Thanks,
Aria

DCcityboy
Jul 15, 2009, 09:13 AM
Just to clarify; the two-year card he has is for conditional permanent residence, requiring him to file the I-751 to remove the conditions on residence and the grant of the 10-year permanent residence card.

Its not an advance parole, but a re-entry permit he will apply for (it looks like a US passport, but a different color cover) that is valid for 2 years. He must be in the US when he files for the Re-entry permit, and must do the biometrics here, but does not need to wait for it to be issued as it generally takes 90 days.

Maintaining his permanent residence will require travel to the US and keeping significant ties to the US, so it may be easier to relinquish and re-apply when the time comes for you to return stateside.

Employment in France is a French immigration question. The US tax laws generally require tax filing for worldwide income, not necessarily any tax liability. The USCIS will see the non-filing as a factor in determining his intention to be a US permanent resident. So, you need to file US taxes, regardless of tax liability. We have a tax treaty with France, confirm this with an international tax lawyer.

After the R/C interview, there is no interview for a re-entry permit.

The process and cost is the same for the second application for permanent residence. Depending on the attorney assisting, it may cost a bit more, only because of the complicating factor of the relinquishment. The time will vary from case to case depending on the caseload at the USCIS and AMCON.

How much does the attorney want for the consultation? Was she the attorney that filed the PR application previously?

ariadt
Jul 15, 2009, 01:32 PM
Thank you so much for your input. That is very helpful.

One more quick question... If we decide to relinquish the conditional permanent resident card, and then we end up re-applying in the future, will we be re-applying for a second conditional permanent resident card, or will we be applying directly for the 10-year permanent resident card? In other words, will we be starting from scratch or picking up where we left off?

Also, Are you suggesting that we file worldwide tax forms even if my husband relinquishes his card (in order to maintain some sort of connection to the U.S. system)? Or do we only file taxes if he applies for the 10-year card?

The attorney was indeed the same one that filed the PR application previously. She wants $250.00 for the consultation, which is nothing compared to all the costs of going through this process. Nevertheless, now that we are thousands of dollars in debt it seems unnecessary to pay yet again just to have a few questions answered.

Did you know that the resident application process is completely free in France? Ironic huh?

THank you again for your help,
Aria

DCcityboy
Jul 15, 2009, 02:12 PM
If you relinquish the PR and you re-file; by that time you will have been married for over 2 years and he will get regular (10-year card) permanent residence. No need to file to R/C.

Only need to file US taxes if you decide to maintain the PR.

It's a bit much if you've already paid to get the PR, really the attorney should answer a few of your questions.

Best of luck wherever you go!