Worst Case Scenario for prolonged stay overseas ?

[1Won 0]

Hi guys ..fresh of the newbie block here.

I have a question regarding re-entry after a prolonged stay overseas for US permanant resident card holders. I am an EU national but have lived in California for the last 20 years, i am married to an American citizen and have been in possession of a green card for atleast 15 years. I am thinking about living/working in Europe for 3-5 years (my green card is valid until 2016). I've read the options for re-entry permit applicaions etc. and the fact that if i do not return within the required 1 year i will be considerd to have abandoned my residency..but what i really want to know is what is the worst case scenario if i decide to return back to the states say 4 years from now ? I will be moving to Europe with my American husband and if we do end up returning in 4 years or so, i would again be returning together with my husband. I just wonder if there are many folks who leave the States for good..and years later decide they want to return (while still married to their American spouse that is..).

Will they take away my green card upon re-entry ? Will i be denied entry ? Can i ever get regain my full status as a permanant resident ?

Any advice cheerfully accepted

1Won.

Edited April 8, 2011 by 1Won

[Anh map 2,098]

The simple solution is to apply for US citizenship and then it is no longer a worry.

Staying out of the country for 4 years may lose your LPR status. If that was the case your citizen spouse would have to submit a spouse visa petition for you to enter the US and obtain a green card.

Google 'maintaining permanent residency" to learn more.

The simple solution is to apply for US citizenship and then it is no longer a worry.

Staying out of the country for 4 years may lose your LPR status. If that was the case your citizen spouse would have to submit a spouse visa petition for you to enter the US and obtain a green card.

Google 'maintaining permanent residency" to learn more.

[Bobby+Umit 161]

To add to what Anh map posted - you can get the re-entry permit good for 2 years total (out of the US).

Remember - this time will count against the clock for becoming an USC.

[1Won 0]

Hi thanks for the speedy responses. Yes i know about the 2 year travel document thing...obviousley if i knew i would stay overseas for less than 2 years i would be applying for that but that is useless if you remain longer than two years overseas. By the way any exceptions to this 2 year rule ?

Cheers

[SPSguy 18]

I think we need to stop thinking about the word GREENCARD and start considering what it really is; a LEGAL PERMANENT RESIDENT CARD. If there is any plan or intention to live outside the US for more than 2 years, one would need to validate whether the person remains a permanent resident.

If there is plan to stay outside longer than 2 years, perhaps a solution might be to apply for a second re-entry permit after the first one expires.

I have known people that work overseas on their 2nd re-entry permit. However I don't think they will allow more than 2 in a 10 year period.

In fact, my wife currently holds a re entry permit and her two year mark will come right around 06/12. We both are living overseas and if our situation mandates, we would request/apply for a second re entry permit.

[Penguin_ie 5,994]

If you were staying out 4 years, you would not be allowed back in. But you could get another spousal visa quite easily.

As the first reply said though, easiest thing is to become a US citizen, then you can travel as much as you like.

[Brother Hesekiel 2,236]

Although it has been said before: don't try to figure out how to play the system and what it's going to cost you in the long run. Apply for US citizenship instead and be done with all this "how-long-may-I -be-outside-the US-before-they-take-my-Green-Card-away thing. Unless you can't stand the idea of having a second passport.

[Kathryn41 3,205]

Citizenship applications are generally being processed within 4 to 5 months, then with time for your passport - another month - you would be free to live anywhere in the world and return to the US without question in about 6 months time. You could be out of the US for 1 year or 25 years - it wouldn't matter and you would be able to return at any time. Since you will still need to file a tax return with the US whether you are a citizen or a permanent resident there is no real liability involved in taking out citizenship. Austrian law apparently allows you to take out naturalization in another country as long as you obtain the necessary permission before hand so there are ways by which you could also retain your Austrian citizenship.

The US views someone who moves away from the US to take up residence in another country as having abandoned their permanent residence status in the US. Absences that are expected to be temporary allow the PR to apply for re-entry permits as proof that there is no intention to abandon the US as the primary residence while overseas. They are not meant to allow for extended absences from living in the US. US immigration websites say that any absence - even ones less than 12 months - may be considered an abandonment of residency under certain conditions. Even with a re-entry permit there is no guarantee you will be allowed back into the US if the border authorities believe you have been living in another country, especially for an extended period of time. You can be denied re-entry at any time and your green card confiscated. You will have no way of knowing if this will happen or not until you actually arrive at the border for re-entry.

In this situation, your husband would have to re-apply for the IR-1 visa for you (can probably do a Direct Consular FIle - DCF if he has legal status in the overseas country in which you are living) by submitting an I-130 petition. Your husband would have to re-establish and prove domicile in the US, though, and have the required US based income necessary to meet the sponsorship requirements, before you would be eligible to receive an IR-1 visa. Once he has re-established domicile to the US authorities satisfaction, you would then continue with the processing of your visa,doing the medical and all of the security checks and having another interview. You would have to live outside of the US during this time - although you may be allowed to visit depending on the decision of the border guards when you presented yourself at US immigration. The process would take a lot of time - possibly up to a year or more based on current processing times (although this is country specific) and would cost both a fair amount in immigration fees and in having to support 2 residencies at the same time. Once you got your visa and re-entered the US your qualifying time for citizenship starts all over again from the beginning.

So - unless there are very strong reasons why you are not able to take out US citizenship - especially after living here for over 20 years and with 15 of those as a permanent resident - by far the easiest and cheapest route for you and your husband to live overseas would be for you to take out US Citizenship.

I don't know the process involved in obtaining permission from Austria to accept US Naturalization but since you don't yet have plans in place to relocate you can probably start this process now, then proceed with Naturalization and then plan your move overseas. If your husband is planning on working overseas as well and obtains employment before you receive your Naturalization, even a few months separation with him there and you here is vastly better than the many more months of separation, the expense and the harassment that will be a part of trying to re-immigrate in a few years time

Good luck!

Edited May 1, 2011 by Kathryn41

[MochiKamo 93]

How about if the duration for staying overseas is 2 years? In our case, we plan to apply for a re-entry permit.

I plan to attend a university abroad in a couple countries, so we can show documentation why we had to live outside the US for 2 years.

(She does not plan to get US Citizenship since she will have to give up her Japanese citizenship. So getting US Citizenship)

PS If it makes any difference we will be back for a few weeks after the first year, so in effect we will be out of the US for 2 consecutive one year periods with a few weeks stay in the US in between.

Edited May 2, 2011 by Yagisama

[Penguin_ie 5,994]

How about if the duration for staying overseas is 2 years? In our case, we plan to apply for a re-entry permit.

With a re-entry permit you should be fine.