What are the rules around leaving the US after getting Visa?

[GnC2010 2]

Hi everyone,

We are awaiting case complete at NVC and interview at Montreal, and we just found out that hubby (US citizen) is deploying to Iraq very soon. Therefore, I don't have alot of reasons to be in the US until he gets back and am wondering what the rules are once I get a Visa. I know I have to use it within 6 months, but other than that would I be allowed to leave and come back to Canada for a period of time to be with family? Please advise if you know or can direct me to the info. Thanks a bunch!

~C

[Nik+Heather 121]

For green card holders (that's what you'll be when you enter the US on your visa for the first time) absences from the US of greater than 6 months can be frowned upon. Not only that, but total time outside of the US could cause them to consider you to have abandoned your residency, so just popping back into the US for a week or so and then back out again *CAN* cause you issues.

I say that it CAN because they actually have to initiate some action against you, and they typically don't bother to spend the effort unless you've been doing it for a long time or tick someone off. There are reports on VJ of people staying out of the US for nearly a year and they don't have their residency affected***. You might look into a returning resident visa if you expect him to be gone for longer than the time discussed above.

Of course, if citizenship is a goal, you need to do more than just maintain your green card, you need to accumulate time in the US.

Hope your husband gets home safely again soon!

*** As with any policy which goes against what the letter of the law states, (see VWP overstayers and their AOS headaches these days!) policy may change at any time, so if you wish to treat your immigration status in a conservative manner, remain out of the US no longer than you remain IN the US.

Edited November 16, 2010 by Nik+Heather

[Wayne and Claudia 40]

From a veteran, Godspeed to your husband and a quick and safe return home soon.