green card holder staying abroad

[breeze92 2]

Hello every one

here's my condition ;

I recieved my immigrant visa through my wife which is a USc

we are planning to move to the united states but we cant until my wife finishes her last year education abroad

so we will travel to the united states and out several times and each time will stay out for about 3 months .. I know I should stay and going out may cause me issues but if I tell them at the airport that we are staying abroad just while my wife finishes her study and we must live together would that be convicing to avoid problems and questions concerning my green card?

Thanks,

[Hypnos 6,576]

Maybe.

It's not possible to say how many problems you may have without solid dates (when you received your green card, how long you have been present in the US since then, etc.).

[breeze92 2]

Thanks for your response

[Boiler 43,430]

Certainly treading a fine line, should have waited until you were ready to move.

[Elf 146]

I recieved my immigrant visa through my wife which is a USc

we are planning to move to the united states but we cant until my wife finishes her last year education abroad

so we will travel to the united states and out several times and each time will stay out for about 3 months .. I know I should stay and going out may cause me issues but if I tell them at the airport that we are staying abroad just while my wife finishes her study and we must live together would that be convicing to avoid problems and questions concerning my green card?

So you have an immigrant visa, but you don't yet have your actual green card, yes?

How long are you planning to remain in the US between your 3-month trips overseas?

Is there any way that you could enter the US on your immigrant visa and remain here until you have received your green card and applied for and received a re-entry permit, before returning overseas? A re-entry permit would allow you to remain outside the US for up to a year without endangering your LPR status or risking problems at every POE, because it creates "presumption of non-abandonment".

As someone said, the more logical course would have been to delay applying for your immigrant visa until you were both ready to move to the US, but what's done is done. If the only thing keeping you from moving to the US permanently is that your wife has to complete a final year of schooling overseas, the appropriate way to "avoid problems and questions" is to enter on your immigrant visa, get your green card and obtain official "permission" to remain outside the US with her for up to a year while she finishes her education, in the form of a re-entry permit.

Spending that year outside the US will affect when you will be eligible to apply for naturalization, because you won't meet the continuous residence requirement after three years as an LPR, but that can't be helped.

[breeze92 2]

Thanks for your help I really appreciate it..

You are right but unfortunatly the university delayed the study for all its student for a year so its just bad luck for us..

Im planning to stay first time for a month and apply for reentry permit but cant wait more so I will leave and come back after 3 months to complete the process .. I know there are biometrics should be done .. could I make another apointment if they are ready while Im outside the USA?or should I begin the process alover again when Im back?

what do think!?

[Elf 146]

According to the USCIS leaflet on how to get a re-entry permit, you should remain in the US until your biometrics have been taken, but you're free to travel after that and can even arrange to have your re-entry permit sent to a US Embassy, Consulate or DHS office overseas where you can pick it up.

The timing will be tight, but if you can file for the re-entry permit immediately after you arrive in the US, you will probably receive your biometrics notice within the month that you plan to be here, and you could try doing the biometrics as an early walk-in. If you can't do an early walk-in and your biometrics appointment is only a week or so later than your planned departure, I'd recommend staying here until you can get the biometrics done. It's a short-term inconvenience that would remove all the hassle and expense of having to make repeated trips back to the US over the next year, so I would recommend having some flexibility about exactly how long you will stay in the US after you enter on your CR-1 even if that means that your wife has to leave a week or two earlier than you do.