Travel without losing greencard status

[flying 0]

Hi all

Just curious but my wife & I did not know about this till we read it on another post.

We see now that once you have a green card if you leave for more than a few months ( to go back to visit in wifes country )

That you could have re-entry problems. Even though the law states more than a year absence they can refuse re-entry even if your gone say 6 months.

Is this correct?

Is this only a condition of a new green card (conditional) or is it the same for all permanent residents green card holders? Even the 10 year types?

We see they discuss forms N-470 if working outside USA but we just would like to spend part of the year in her home country too. Not for work.

I am a self employed contractor so am able to travel part of the year but we did not know about this possibility of losing her green card.

We also see the I-131 & hope this is not something that has to be filed each time we travel.

Any info on this matter would be appreciated.

Thank You

[Dakine 26]

Hi all

Just curious but my wife & I did not know about this till we read it on another post.

We see now that once you have a green card if you leave for more than a few months ( to go back to visit in wifes country )

That you could have re-entry problems. Even though the law states more than a year absence they can refuse re-entry even if your gone say 6 months.

Is this correct?

Is this only a condition of a new green card (conditional) or is it the same for all permanent residents green card holders? Even the 10 year types?

We see they discuss forms N-470 if working outside USA but we just would like to spend part of the year in her home country too. Not for work.

I am a self employed contractor so am able to travel part of the year but we did not know about this possibility of losing her green card.

We also see the I-131 & hope this is not something that has to be filed each time we travel.

Any info on this matter would be appreciated.

Thank You

If less than six months no need anything. 6+ get reentry permit.

[Kathryn41 3,205]

And yes it applies to the 10 year card as well. The 6 month rule isn't hard and fast - if immigration believes that you are no longer living in the States and living in another country they can also decide at anytime that the green card status is now invalid. Make sure you keep an American address and residence and that you are only traveling, not 'living' in another country. Another consideration - any absences more than 6 months interrupts the continued residency requirement for citizenship, resetting the clock for the 3 years of continual residency/physical presence in the US. Once she gets her citizenship she can live outside of the US and remain outside of the US indefinitely.

Edited June 16, 2008 by Kathryn41

[Kathryn41 3,205]

I don't have a name of a lawyer but your previous K-1 should not be a problem with the K-3. Unfortunately, things like this have happened before and USCIS is familiar with it. Leaving the US for an emergency back home shouldn't cause any problems with the K-3. Just document the emergency and where the application papers ask about previous visas you can include the documentation as supporting evidence. Good luck.

Edited June 16, 2008 by Kathryn41

[JustGo 0]

I'm glad to see that I'm not the only one that's confused by the lack of documented rules regarding length of foreign travel for green card holders!

I posted a nearly identical question on another site in Thailand, hoping some of the expats there would have an answer, or could relate their personal experiences. A member of that site referred me to VisaJourney.

We have a nearly identical situation - we would like to spend as much time in Thailand as permitted by USCIS during the 3 years that we must wait before my wife can apply for US naturalization. This is due to a number of circumstances, including family members there that need to be looked after periodically, but will not be immigrating to the US. The problem is, we can't seem to determine exactly how much time away from the US is permitted without losing green card status. We're clear on the requirements for physical presence in the US for naturalization purposes (18 months of the preceding 36 months), but this isn't the same as physical presence for maintaining a green card (either conditional or non-conditional). I've seen vague references on the USCIS website and documents that say "you can't be gone for too long, otherwise you can lose your permanent resident status", without any definition of what "too long" means. I've also heard stories of individuals having their green cards revoked on the spot upon re-entering the country because the immigration officer thinks that the person is not actually residing in the US.

If I understand correctly, USCIS wants to feel comfortable that you're maintaining a residence in the US, that you haven't moved out of the country, and I think therein lies the subjectivity. In our case, we consider the US to be our residence. We'll continue to own our home here, and will file US income taxes each year. I'm not sure what other criteria is used. It seems like you're subject to the luck of the draw when re-entering the US with a green card, in terms of which immigration officer checks you in, and how he/she interprets "being away too long", or "maintaining residence in the US".

As far as needing a re-entry permit goes, I checked the instructions for the I-131 application on the USCIS website, and it clearly states that a re-entry permit is not required for green card holders that return to the US within 1 year of departure.

We're trying to plan an extended trip back to my wife's home country to spend time with her daughter and other family members, as well as to look after some investments we've got there. We'd like to stay for 6 months, if possible. We feel fairly comfortable that a 5 month stay would cause no problems for her green card status, but we would like to have a better feel for what USCIS considers acceptable.

Does anyone have any information as to the specific rules, or any personal experience with acceptable absence lengths while holding a green card (either conditional or non-conditional)?