Jump to content
anon

Maintaining Green Card while Studying Abroad

 Share

3 posts in this topic

Recommended Posts

Filed: Timeline

Hello! My wife has a green card but has been living with me while I have been studying abroad in the UK. My question concerns how to make sure we don't have a problem with maintaining her US permanent residency status.

We know that she needs to return to the US every six months to ensure that we don't have to prove that she hasn't abandoned her status. Unfortunately, the way the flights and various issues worked out, the most current stay abroad will be just over six months (by about two weeks), so the burden will be on us to prove that she hasn't abandoned her status. What will we need to do to prove that she hasn't abandoned? We don't have a residence in the States--we are both still university students that have been living in university accommodation since being married. We generally use my parents' address in forms that require a US address (i.e., bank accounts, taxes, etc.).

What documents would you recommend that we bring when reentering, in case the immigration officer asks us to prove that she hasn't abandoned her status? I presume we should bring the letter proving that I was studying abroad, as well as a letter from my college saying that she accompanied me. Anything else?

Also, should we hold onto these documents in case the issue is raised later on, when she's going for citizenship? Or will a successful reentry now close the issue of non-abandonment, meaning that we can throw away letters from my UK college after she reenters the country?

Thanks for your help!

Best,

Daniel

Link to comment
Share on other sites

She actually can leave the country for up to a year without needing any special permissions; however, if you have been traveling back every six months or so to merely maintain status, the CBP can and might decide that she has abandoned her status. How long have you been doing this? Is there a reason you didn't apply for a reentry permit?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Link to comment
Share on other sites

Filed: Timeline

Only once. The entire study period was from last October until this June (just finishing up here). We went back to visit my parents in February. The problem is that I now have a summer internship that will keep us abroad until the beginning of September--within one year of the original time away, but just over six months from the last entry. Since we were positive that the entire stay abroad would be less than a year, we didn't bother with a reentry permit. In general, I don't think we'll have any problem proving that she didn't intend to abandon status: she merely accompanied me on a discrete study abroad program that was less than a year; my US-based academic program continues just as before when we return. I just want to know if there are any documents that might be useful to bring with us.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...