CR-1 Vacations / Extending to IR-1

[drewcaro 0]

My soon to be wife and I will be filing for a CR-1 soon after our marriage ceremony. Once she receives her green card, will she be able to leave the country? And how long of a period can she leave - 1 week, 1 month, 1 year? Is there a time limit? We both travel a lot for work and she will need to leave the country often for extended periods of time.

Another question - once she receives her CR-1 green card, it will be valid for only two years - how long does the process take to extend it to 10 years?

Thanks!

A & C

[YuAndDan 153]

Moving this to the CORRECT forum you are talking about CR-1 NOT K-3.

As soon as a person enters the USA on a CR-1 visa they get an I-551 stamp at the POE, this green-card, it allows re-entry from trips abroad and work until the actual green-card shows up in the mail.

You need to wait until within 90 days of CR-Green-Expiration and then file an I-751, this process can take a few months to a year or more to process.

[chinese_mutt 11]

have you tried researching this at the USCIS website?

i think she's supposed to stay in the US for an aggregate amount of time as a green card holder.

But she can enter and leave the US no problem.

[YuAndDan 153]

have you tried researching this at the USCIS website?

i think she's supposed to stay in the US for an aggregate amount of time as a green card holder.

But she can enter and leave the US no problem.

Correct periods of absence of a year or more are a NO-NO without first filing an I-131 to get a re-entry permit.

Periods longer than 6 months will affect ability to naturalize and become a US citizen.

[drewcaro 0]

have you tried researching this at the USCIS website?

i think she's supposed to stay in the US for an aggregate amount of time as a green card holder.

But she can enter and leave the US no problem.

Correct periods of absence of a year or more are a NO-NO without first filing an I-131 to get a re-entry permit.

Periods longer than 6 months will affect ability to naturalize and become a US citizen.

Thanks - I did research this further, but it did not mention the longer than 6 months... As long as she enters the country ever 5 months, it should be fine? She plans to be at her current work situation for about 3 more years before settling.

If this is the case, would it be better to simply apply for a tourist visa to enter the US and apply for the IR-1 in a couple of years?

From the USCIS website:

International Travel

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

You can find more information about travel documents from "How Do I Get a Travel Document?"

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

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.

[YuAndDan 153]

have you tried researching this at the USCIS website?

i think she's supposed to stay in the US for an aggregate amount of time as a green card holder.

But she can enter and leave the US no problem.

Correct periods of absence of a year or more are a NO-NO without first filing an I-131 to get a re-entry permit.

Periods longer than 6 months will affect ability to naturalize and become a US citizen.

Thanks - I did research this further, but it did not mention the longer than 6 months... As long as she enters the country ever 5 months, it should be fine? She plans to be at her current work situation for about 3 more years before settling.

If this is the case, would it be better to simply apply for a tourist visa to enter the US and apply for the IR-1 in a couple of years?

From the USCIS website:

International Travel

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

You can find more information about travel documents from "How Do I Get a Travel Document?"

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

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.

Big NO-NO, Green-cards are NOT Permanent Visas, they are for permanent residence in the USA.

Working and living outside the USA is evidence that a person is not a permanent resident of the USA, DHS Can revoke the green-card for this.

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

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.

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

[drewcaro 0]

As long as she enters the country ever 5 months, it should be fine? She plans to be at her current work situation for about 3 more years before settling.

If this is the case, would it be better to simply apply for a tourist visa to enter the US and apply for the IR-1 in a couple of years?

Big NO-NO, Green-cards are NOT Permanent Visas, they are for permanent residence in the USA.

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

Thanks Yu&Dan - great point. And thanks for linking to that page on USCIS.

Sounds like we'll just have to get her a tourist visa for the next few years.

[YuAndDan 153]

As long as she enters the country ever 5 months, it should be fine? She plans to be at her current work situation for about 3 more years before settling.

If this is the case, would it be better to simply apply for a tourist visa to enter the US and apply for the IR-1 in a couple of years?

Big NO-NO, Green-cards are NOT Permanent Visas, they are for permanent residence in the USA.

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

Thanks Yu&Dan - great point. And thanks for linking to that page on USCIS.

Sounds like we'll just have to get her a tourist visa for the next few years.

Tourist or business visas can be set to have a long expiration period as in years, and can allow multiple entries.