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Long stay abroad: crossing the border w/ green card

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Hi folks,

This may be on the wrong subforum: please do redirect if it is.

Thanks to VJ's help, my wife has had a green card for a year and a half now.

However, a few months after receiving her green card, she received an exciting work and study opportunity with a 2 year contract in her home country of Canada. We moved to Canada together - I work from home for a US company, but she has Canadian employment, we have an apartment lease, etc. We've been here for 10 months. The plan after her contract is finished is unclear: it could be extended, or it could finish, in which case most likely we'd return to the US.

We're going to the US to visit my family - but as I understand, our current situation will cause a problem with her green card. Is there any way to retain it, or is it a lost cause? And if the latter, will they still let her in as a visitor?

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Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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How has she maintained the US as her permanent residency?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Hi folks,

This may be on the wrong subforum: please do redirect if it is.

Thanks to VJ's help, my wife has had a green card for a year and a half now.

However, a few months after receiving her green card, she received an exciting work and study opportunity with a 2 year contract in her home country of Canada. We moved to Canada together - I work from home for a US company, but she has Canadian employment, we have an apartment lease, etc. We've been here for 10 months. The plan after her contract is finished is unclear: it could be extended, or it could finish, in which case most likely we'd return to the US.

We're going to the US to visit my family - but as I understand, our current situation will cause a problem with her green card. Is there any way to retain it, or is it a lost cause? And if the latter, will they still let her in as a visitor?

Under 6 months you are ok , 6 to twelve months you will have some questions on her return. Over a year without a reentry permit may be an issue.

Nothing to prevent her from visiting

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

  • Move to another country, intending to live there permanently.
  • Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
    • The reason for your trip;
    • How long you intended to be absent from the United States;
    • Any other circumstances of your absence; and
    • Any events that may have prolonged your absence.
    • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
  • Fail to file income tax returns while living outside of the United States for any period.
  • Declare yourself a “nonimmigrant” on your U.S. tax returns.

Reporting Loss of Permanent Resident Status

Internal Revenue Code section 6039G(d)(3) requires the Department of Homeland Security to inform the Internal Revenue Service if you lose permanent resident status because you:

  • Have been ordered removed from the United States; or
  • Chose to abandon your status and surrender your green card.

The content available on a site dedicated to bringing folks to America should not be promoting racial discord, euro-supremacy, discrimination based on religion , exclusion of groups from immigration based on where they were born, disenfranchisement of voters rights based on how they might vote.

horsey-change.jpg?w=336&h=265

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Thanks folks!

We crossed successfully after some questioning because her stay in Canada has been under a year, but will be applying for the Re-Entry permit before she leaves the US again.

Thanks for reporting back


The content available on a site dedicated to bringing folks to America should not be promoting racial discord, euro-supremacy, discrimination based on religion , exclusion of groups from immigration based on where they were born, disenfranchisement of voters rights based on how they might vote.

horsey-change.jpg?w=336&h=265

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Thanks folks!

We crossed successfully after some questioning because her stay in Canada has been under a year, but will be applying for the Re-Entry permit before she leaves the US again.

Do you mind sharing what kind of questions they asked or inquired about? My mom has GC as well and she has been overseas under 6 months so far. But she is looking after her ill mother (my grandmother) and was wondering if she could stay longer (maybe 9-10 months, but under 12 months) to take care of her mother a little bit longer.

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It is the totality of the situation that matters. Abandonment is to say the least a complicated subject.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Do you mind sharing what kind of questions they asked or inquired about? My mom has GC as well and she has been overseas under 6 months so far. But she is looking after her ill mother (my grandmother) and was wondering if she could stay longer (maybe 9-10 months, but under 12 months) to take care of her mother a little bit longer.

Surprisingly, they questioned me (a US citizen) more than my wife this time around. They just asked her what she's doing abroad and told her to apply for a re-entry permit before leaving the country.

The GC is forfeit by default if you're out of the US for over a year. However, there's a visa you can apply for, in which you will need to explain that you've been out of the country temporarily and that the stay was extended unexpectedly, etc.

Essentially, with abandonment, you need to show that you are planning to return to the US eventually, but you currently require an extended stay abroad.

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Do you mind sharing what kind of questions they asked or inquired about? My mom has GC as well and she has been overseas under 6 months so far. But she is looking after her ill mother (my grandmother) and was wondering if she could stay longer (maybe 9-10 months, but under 12 months) to take care of her mother a little bit longer.

Here is a good summary

http://lawandborder.com/risk-abandoning-green-card-abroad-6-months/


The content available on a site dedicated to bringing folks to America should not be promoting racial discord, euro-supremacy, discrimination based on religion , exclusion of groups from immigration based on where they were born, disenfranchisement of voters rights based on how they might vote.

horsey-change.jpg?w=336&h=265

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Nice link


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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