after receiving green card.. living abroad???

[joanderson 17]

ok hopefully someone here will know the answer to my question...

My interview is next week for my wife ( Im the USC) I am currently living abroad with her and our children, I have a job offer for when we enter the US, but they just contacted me and apparrantly the job they have for me just changed to be a job in another country, (not the US nor Mexico). They would also be hiring my wife, so this is a US based job and we would be getting paid through the US systen with w2 and what not, but we wouldn't be physically in the US, and I understand that once my wife is issued her residency, she must spend a minimum of 6 months per year within the US. Is this going to cause her to lose everything we have been working for these past 17 months? Or is there a way to keep her green card valid even if we are not within the US, because in order for her to work for this company they will require her to have a social security number to be able to work and get paid.

Thank you in advance, hopefully someone will have an idea or could suggest where I could find the answer.

[Hypnos 6,576]

A green card is for living in the US. If it's not your wife's intention to live in the US then she isn't entitled to a green card.

[joanderson 17]

A green card is for living in the US. If it's not your wife's intention to live in the US then she isn't entitled to a green card.

Her intention is to live in the US, but recently my job offer includes a temporary job abroad for the both of us, (temporary) Then we will be both going to US soil, and this is why I am worried about her losing the green card, if we spend the first year of her having the green card abroad. And that is why I posted this to see if this is the case, where she may lose her green card under these conditions, So I can know whether to accept the temporary job abroad or not. ( which is a great economical opportunity)

[Hypnos 6,576]

How solid is the one year thing? If it's absolutely set in stone then your wife can probably maintain her residency long enough for CBP to not determine that she's abandoned it.

Generally for an LPR, international trips of under six months are not an issue; international trips of between six and twelve months may require her to have to show CBP proof that she has maintained her residency even whilst overseas (examples might be: maintaining US auto / health / life / properly insurance, maintaining a US residence, maintaining a US bank account, etc.); and trips of between one and two years would require her to obtain a re-entry permit, and the same non-abandonment proof may also be required.

If it was going to be one year for sure, she would probably be able to enter on her immigrant visa (to activate it); apply for a re-entry permit (if needed - it can be sent to a foreign US embassy if required), and take other steps that would show she is wanting to remain an LPR.

[landr 126]

What if my trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the “Travel Documents” page.

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the “Continuous Residence and Physical Presence Requirements” page.

From: http://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

She may be able to work abroad for an extended period without jeopardising her permanent residence status. However, if her ultimate intent to become a US citizen, then she needs to be careful about how she does this.

[joanderson 17]

How solid is the one year thing? If it's absolutely set in stone then your wife can probably maintain her residency long enough for CBP to not determine that she's abandoned it.

Generally for an LPR, international trips of under six months are not an issue; international trips of between six and twelve months may require her to have to show CBP proof that she has maintained her residency even whilst overseas (examples might be: maintaining US auto / health / life / properly insurance, maintaining a US residence, maintaining a US bank account, etc.); and trips of between one and two years would require her to obtain a re-entry permit, and the same non-abandonment proof may also be required.

If it was going to be one year for sure, she would probably be able to enter on her immigrant visa (to activate it); apply for a re-entry permit (if needed - it can be sent to a foreign US embassy if required), and take other steps that would show she is wanting to remain an LPR.

From: http://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

She may be able to work abroad for an extended period without jeopardising her permanent residence status. However, if her ultimate intent to become a US citizen, then she needs to be careful about how she does this.

Thank you both, that makes it a lot clearer now, it sounds like it is a doable option and I will just pressure it to be only 1 year just to make sure to no complicate things,

I greatly appreciate you help and guidance.

[Ryan H 3,790]

Moved from IR-1/CR-1 Progress Reports to Working & Traveling During US Immigration forum.