Leaving the US for extended time - help

[Cass_Rising 0]

My husband may have to return to the UK for an extended period of time, and if he does, he will have to find work there to support himself. We're hoping that this won't happen, but at the same time trying to research the immigration side of things just in case.

He's currently a conditional resident (since May of this year - we were married last November on a K-1). How long can he be gone for without jeapordizing his status? I've looked at the USCIS website, and this is what it says:

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

* 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.

So obviously one year is the maximum you can be gone for, but what about that "any length of absence" thing? Does anyone have any experience on this, or some sort of crystal ball to see into the impenetrable fog of USCIS logic?

[William33 110]

My husband may have to return to the UK for an extended period of time, and if he does, he will have to find work there to support himself. We're hoping that this won't happen, but at the same time trying to research the immigration side of things just in case.

He's currently a conditional resident (since May of this year - we were married last November on a K-1). How long can he be gone for without jeapordizing his status? I've looked at the USCIS website, and this is what it says:

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

* 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.

So obviously one year is the maximum you can be gone for, but what about that "any length of absence" thing? Does anyone have any experience on this, or some sort of crystal ball to see into the impenetrable fog of USCIS logic?

Ideally, one should adjust status before any pending long term absences. The beneficiary will likely lose any residency status if they leave the USA before adjusting. Perhaps you should consult with an immigration attorney to learn about possible alternative options, although it appears there are few. All the best.

[Heliosphan 1]

Maybe you should look into what the reentry permit is about.

[Reba 2]

Just apply for a re-entry permit before he leaves, and he should be good to go.

Remember though that any time spent living outside the US is not accruing time toward eligibilty to apply for US citizenship.