There's a chance that DH might be given a job offer for next year - in Canada! (They're definitely going to offer him a contract, but they have yet to decide whether they need him more in Washington or Toronto...) I'd have no objection to living in Canada for a few years (I loved the place when I visited...) but how would it affect my status here? ATM I have a conditional greencard, but I'll be putting in my 10-year-ap in October so I'd hopefully have the permanent one before we moved.

I don't think it matters really if you have a conditional or unconditional green card. If you are out of the US for more than a year, and some say as little as 6 months, it could held you have given up your residence.

A few years out of the US would be very problematic.

Yep, conditional versus unconditional doesn't matter. But time away from the US can do two things: It can cause abandonment of status, that is losing the Green Card completely and the LPR status it represents, or if it doesn't outright cause the LPR status to be abandoned, it can cause a break in the "continuous residence" time needed for citizenship. There are also citizenship requirements for "physical presence", that is, minimum time which must be spent inside the US before you can apply for citizenship.

Once you have citizenship, then leaving the US for any length of time doesn't cause a loss of that citizenship.

The most conservative thing to do is to avoid leaving the US for any trip of more than six months, and to maintain your primary residence (apartment or house) inside the US until you get citizenship. You don't HAVE to be this conservative, of course. The other extreme is to abandon the green card entirely, leave the US, and start over with an IR-1 visa when you want to come back to the US.

If you want to try and leave the US for an extended period without losing your status, you need to do some research into abandonment of status issues.

hi ya kajikat

thought you would like to read what USCIS has to say about permanent resients and their responsibilities mate.
might help understand it further..
from what i read if you stay stay is over a year you need to get a re-entry permit AP...

take a look at the link below..

now your a permanent resident

take care and good luck
kath

The second 'blip' under 'maintaining your permanent residence' is the appropriate blip. Especially the part which says 'any absence' can cause an abandonment.

Hence the common conservative wisdom of staying away no longer than six months.

Yes you will need to maintain US residency. If you did move, then they would most likely abandon your GC. Before 6 months the USC has to prove you didn't meet residency requirements. After 6 months you have to prove to the USC that you did maintain the residency requirements and anything over a year will most likely be considered abandoned.

Even after 6 months you'd need to apply for a re-entry permit as well, however that's not all you'll need. As mentioned you need to show and prove you were comming back, house/apt, bills paid etc. Best is to decline the job until after you become a USC...

(sighs) After four years and however many thousand dollars it all cost, I can't throw in the towel without anything to show for it, so I guess I'm stuck here. It's not like I can say 'just another year until I get citizenship', because I know how long the damned backlogs are - it's a year until I can apply, and probably another two years after THAT until I get the piece of paper...
Better hope they don't offer him the job after all, because they started talking about it a year ago (only it was supposed to be Washington) and after all this time he'd probably get sacked if he said no!

Hi,

if a P/R is going to be out of the us more than 12mths he/she must file a 1-131 form this is a re-entry permit....cost$170.00 this will cover you and up to, for 2yrs outside the usa
if your outside the us tho then this will break up any intent to become a usc in the future..as to become a usc, you must be living in the us for 3yrs without going over that 1yr you intend to stay..

Saying all that myself had p/r status back 17mths ago and left the usa for 8mths and on the return back to the us they at p.o.e pulled me to the office for 2hrs asking me why i was out for so long...as i told them i had a family death (my sister) and also had to tie up depts ect....but after long time they let me in.....but was told to file i-131 form

i contacted dhs and they said they have no right in holding you as i was not out of the usa more than 1yr and showed my P/R card and D/L

But yep even tho dhs say one thing P.O.E has the power to do the other even if not outside the us more than a 1 yr...

I stayed in the usa for 3wks as still i have loose ends as i was going to sell home but that went paired shaped, so im back in the uk now and have intention of renting home and getting back to the usa within a good time frame this time...(not to leave it so long like before)

On dep the us me and wife spoke to P.O.E officers and told them what happened they said more or less not to stay out so long next time, of which i wont do, because as soon as i can apply for usc myself after 3yrs of which ive done almost half that time now and dont want to blow it...

Im not sure if they can take into account my 8mths away from my time but the law states if im outside the usa for more than a yr then that time wont be incl in the 3yrs...

Another point ...if your 0utside the usa for 4 out of the 5 yrs of being a P/R then then the dhs/uscis/ins can take your P/R off you....

This is why myself would like a usc so then proberly i wouldnt have any problems with P.O.E AGAIN ! AGAIN, AGAIN...Thank God

Anyway best advise for you to be safe is apply for a i-131re-entry permit which covers you for 2 yrs....but apply before you leave...

I hope this info helps you and others..

Best wishes