Can I accept a foreign assignment while holding a CR1 visa?

[Michigan2004 0]

Hello,

I received my conditional greencard in late 2006. Recently my company offered me an attractive foreign assignment overseas, and my wife and I are considering to accept. Having said that, we wonder if this could have a negative impact on my CR1 visa.

Any thoughts or similar experiences?

Thank you,

M

[pushbrk 12,177]

Hello,

I received my conditional greencard in late 2006. Recently my company offered me an attractive foreign assignment overseas, and my wife and I are considering to accept. Having said that, we wonder if this could have a negative impact on my CR1 visa.

Any thoughts or similar experiences?

Thank you,

M

Your visa is a dead issue. (one time use) Your concern would be "maintaining permanent resident status". Just google between the quotes for what that entails.

Edited January 2, 2008 by pushbrk

[Nutty 2]

In my interview with a lawyer, the lawyer mentioned a CR-1 visa holder is required to maintain a minimum amount of time inside the US for the first two years of their residency.

This is something that you can look on the internet I am sure. You can also request an infopass to get this information.

[thermophile 0]

unfortunately the US guidelines are that you loose your status if you abandon your residency in the US (not sure what the exact wording is). Basically it means that as soon as an immigration officer determines that you've abandoned your residency your green card is taken away from you. there aren't any guidelines as to how long you have to be out of the country to be considered abandoning your residency. If they determined that you abandoned your residency, you'd have to go through the whole visa process again if you wanted to come back to the US. sucks, I agree

[pushbrk 12,177]

unfortunately the US guidelines are that you loose your status if you abandon your residency in the US (not sure what the exact wording is). Basically it means that as soon as an immigration officer determines that you've abandoned your residency your green card is taken away from you. there aren't any guidelines as to how long you have to be out of the country to be considered abandoning your residency. If they determined that you abandoned your residency, you'd have to go through the whole visa process again if you wanted to come back to the US. sucks, I agree

There definitely are guidelines but they are guidelines, not rules. An immigration officer may determine you've abandoned your residency even though you've followed the guidelines. They would have a "reason" but am not aware of any specific list of acceptable "reasons". Driver license, lapsing combined with no bank account or domicile might do it.

[thermophile 0]

unfortunately the US guidelines are that you loose your status if you abandon your residency in the US (not sure what the exact wording is). Basically it means that as soon as an immigration officer determines that you've abandoned your residency your green card is taken away from you. there aren't any guidelines as to how long you have to be out of the country to be considered abandoning your residency. If they determined that you abandoned your residency, you'd have to go through the whole visa process again if you wanted to come back to the US. sucks, I agree

There definitely are guidelines but they are guidelines, not rules. An immigration officer may determine you've abandoned your residency even though you've followed the guidelines. They would have a "reason" but am not aware of any specific list of acceptable "reasons". Driver license, lapsing combined with no bank account or domicile might do it.

would you mind posting a link to those guidelines. I've only ever seen the very vague "abandoning residence" I'd love to see something that details what that means

[pushbrk 12,177]

unfortunately the US guidelines are that you loose your status if you abandon your residency in the US (not sure what the exact wording is). Basically it means that as soon as an immigration officer determines that you've abandoned your residency your green card is taken away from you. there aren't any guidelines as to how long you have to be out of the country to be considered abandoning your residency. If they determined that you abandoned your residency, you'd have to go through the whole visa process again if you wanted to come back to the US. sucks, I agree

There definitely are guidelines but they are guidelines, not rules. An immigration officer may determine you've abandoned your residency even though you've followed the guidelines. They would have a "reason" but am not aware of any specific list of acceptable "reasons". Driver license, lapsing combined with no bank account or domicile might do it.

would you mind posting a link to those guidelines. I've only ever seen the very vague "abandoning residence" I'd love to see something that details what that means

Well you could follow the same googling advice I gave the OP but since you won't, here's the link.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently.

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a “nonimmigrant” on your tax returns.

[thermophile 0]

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

yeah yeah I could have googled, but I was wondering if you had knowledge of some list other than this one. I find the 2 above statements really vague. so it could be one year or it could be less and you're out of status. or it could be 2 years or it could be less. really annoying vagueness. Canada (the only other country that I have experience with) specifically states that you must live in Canada 3 out of every 5 years. Fortunately for those of us that are married to Canadian citizens, the time that we live with them counts as time in Canada. Anyway, I find the vagueness of the US guidelines disconcerting

[pushbrk 12,177]

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

yeah yeah I could have googled, but I was wondering if you had knowledge of some list other than this one. I find the 2 above statements really vague. so it could be one year or it could be less and you're out of status. or it could be 2 years or it could be less. really annoying vagueness. Canada (the only other country that I have experience with) specifically states that you must live in Canada 3 out of every 5 years. Fortunately for those of us that are married to Canadian citizens, the time that we live with them counts as time in Canada. Anyway, I find the vagueness of the US guidelines disconcerting

Yes, they are somewhat disconcerting to us as well, since my wife and I intend to live 6 to 9 months out of each year in China, beginning in 2010. Of course, we'll maintain a US address, bank accounts and driver licenses and never be out of the US more than a year. I suspect LPR's in Bona Fide marriages to USC's are given considerable leeway unless there's compelling reasons to take a hard line.

[thermophile 0]

that's what I'm hoping too. you're wife won't be eligible for citizenship by then? (if China even allows duals, I don't know) As painfully slow as I'm progressing through grad school we probably won't be ready to move back to Canada till after we've been here long enough for the hubby to get US citizenship-should he decide to do so.