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Requirements after reception of Green Card

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Hello to all,

I have a question regarding the requirements of a Green Card after having received it. The question is essentially, what are the requirements in order to maintain the Green Card valid? Is there a certain amount of time the Green Card holder needs to spend in the US? I have read that 50% of the 3 years need to be spent in the US in order to apply for citizenship, however, what about just in general?

The reason I ask is: my wife received her Green Card. Luckily, we are together, but outside of the US. While we plan the move to the US (we are in a different country, just to be clear) we have gone to visit the US once. It has been 4 months since we returned from having visited the US for the first time (with the brown envelope, etc.)

To rephrase, my question is: In the meantime, is there any type of time requirement where we need to enter the US after a certain amount of months? I know we will eventually meet the 50% goal after 3 years, however, in the meantime I don't want the Green Card to "expire" so to speak or lose it's validity. Could someone assist me in answering these questions?

As always, the help is very much appreciated. Good luck and a speedy acceptance to everyone who is in the waiting process, and congratulations to those who have made it through. Take care.

Kind regards,

J.

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Filed: Citizen (apr) Country: Ireland
Timeline

*** Moving from AOS to Travelling During Immigration ****

The greencard is for legal permanent residents, so in general, you are supposed to spend more time inside the USA than outside. Why do you live abroad and for how long do you plan to be there? If, for example, you aree with the US military it is very diferent than just wanting to live abroad. Your wife could also look into a re-entry permit.

Your wife will loose the greencard if she spends more than a year outside, and may have a difficult time entering if she spends more than 6 months outside. The CBP has broad powers, so it will somewhat depend on what ties you have to the USA (lease to home, bills, drivers license etc), as well as which officer you get. So, first time you spend, say, 8 months abroad she'll probably be fine- the second time, maybe not. Similarly if you come to the USA every 4 months for a week, that will likely work 2 or 3 times, but the fourth time, they may stop her. Even if you get lucky and get lenient CBP, you may face issued when it comes to ROC.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: IR-1/CR-1 Visa Country: Vietnam
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Google "maintaining permanent resident status" for more information.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: Timeline

Hello to all,

I have a question regarding the requirements of a Green Card after having received it. The question is essentially, what are the requirements in order to maintain the Green Card valid? Is there a certain amount of time the Green Card holder needs to spend in the US? I have read that 50% of the 3 years need to be spent in the US in order to apply for citizenship, however, what about just in general?

The reason I ask is: my wife received her Green Card. Luckily, we are together, but outside of the US. While we plan the move to the US (we are in a different country, just to be clear) we have gone to visit the US once. It has been 4 months since we returned from having visited the US for the first time (with the brown envelope, etc.)

To rephrase, my question is: In the meantime, is there any type of time requirement where we need to enter the US after a certain amount of months? I know we will eventually meet the 50% goal after 3 years, however, in the meantime I don't want the Green Card to "expire" so to speak or lose it's validity. Could someone assist me in answering these questions?

As always, the help is very much appreciated. Good luck and a speedy acceptance to everyone who is in the waiting process, and congratulations to those who have made it through. Take care.

Kind regards,

J.

Here's the USCIS explanation: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD

There's no set number of months--the bottom line is whether you live permanently in the U.S. Any trips outside of the U.S. need to be brief and temporary.

You've told us that you have only "visited" the U.S. This is not the same as becoming a resident of the U.S. You need to review the information and think carefully about your next steps, or she is liable to losing it. If I were USCIS and you explained to me what you've explained here, I would definitely have questions.

Edited by grrrrreat
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*** Moving from AOS to Travelling During Immigration ****

The greencard is for legal permanent residents, so in general, you are supposed to spend more time inside the USA than outside. Why do you live abroad and for how long do you plan to be there? If, for example, you aree with the US military it is very diferent than just wanting to live abroad. Your wife could also look into a re-entry permit.

Your wife will loose the greencard if she spends more than a year outside, and may have a difficult time entering if she spends more than 6 months outside. The CBP has broad powers, so it will somewhat depend on what ties you have to the USA (lease to home, bills, drivers license etc), as well as which officer you get. So, first time you spend, say, 8 months abroad she'll probably be fine- the second time, maybe not. Similarly if you come to the USA every 4 months for a week, that will likely work 2 or 3 times, but the fourth time, they may stop her. Even if you get lucky and get lenient CBP, you may face issued when it comes to ROC.

We are living abroad only to sort things out here with her family before making the final move to the US. We are planning to be here for a few more months (3-4), then again, it depends on the requirements. After that we would be making a one-way and final move to the US. Thanks for the advice/information.

Google "maintaining permanent resident status" for more information.

Thank you.

Here's the USCIS explanation: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD

There's no set number of months--the bottom line is whether you live permanently in the U.S. Any trips outside of the U.S. need to be brief and temporary.

You've told us that you have only "visited" the U.S. This is not the same as becoming a resident of the U.S. You need to review the information and think carefully about your next steps, or she is liable to losing it. If I were USCIS and you explained to me what you've explained here, I would definitely have questions.

This link helped me a lot. It says:

"If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. "

We do intent to make the US out permanent home, it's just taking a long time. We will have not been absent from the US for a year, as we returned from the US (it was a visit) in late February.

Am I safe taking this USCIS webpage as fact? As long as we don't spend a year outside the US since February and show strong motives/ties to the US upon entering for a permanent stay, should we be fine?

If at the end, she does not qualify to make the transition from the green card to citizenship, is another green card (i.e. another 3 years issued?)

Once again, thanks for much for the information and help.

Kind regards.

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Filed: Citizen (apr) Country: Ireland
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Yes, re-entry permits are specifically for greencard holders that intend to spend more than a year abroad, but many get them if they plan for more than 6 months to be on the safe side. You need to0 be in the USA to apply for one though.

As the USCIS site mentioned and my previous post, it depends on the CBP officer. with one time abroad of 8-ish months, you will probably be ok but no-one will know for sure until you attempt to re-enter.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: Timeline

We are living abroad only to sort things out here with her family before making the final move to the US. We are planning to be here for a few more months (3-4), then again, it depends on the requirements. After that we would be making a one-way and final move to the US. Thanks for the advice/information.

Thank you.

This link helped me a lot. It says:

"If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. "

We do intent to make the US out permanent home, it's just taking a long time. We will have not been absent from the US for a year, as we returned from the US (it was a visit) in late February.

Am I safe taking this USCIS webpage as fact? As long as we don't spend a year outside the US since February and show strong motives/ties to the US upon entering for a permanent stay, should we be fine?

If at the end, she does not qualify to make the transition from the green card to citizenship, is another green card (i.e. another 3 years issued?)

Once again, thanks for much for the information and help.

Kind regards.

The year guideline is just a guideline, the bottom line is your residence. Good luck!

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Yes, re-entry permits are specifically for greencard holders that intend to spend more than a year abroad, but many get them if they plan for more than 6 months to be on the safe side. You need to0 be in the USA to apply for one though.

As the USCIS site mentioned and my previous post, it depends on the CBP officer. with one time abroad of 8-ish months, you will probably be ok but no-one will know for sure until you attempt to re-enter.

I can imagine. Thanks for the help.

The year guideline is just a guideline, the bottom line is your residence. Good luck!

Thank you.

It would be a shame to lose everything after having gone this far. It is just that we are unable to make the move until a few month's time.

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Maybe someone could elaborate, I still feel unsure.

Considering the following timeline below, when would we have to enter the United States? (We will have one-way plane tickets and all our belongings, it would be a permanent move):

October, 2011 - Passport with Visa received.

January, 2012 - Entered the US for the first time, although only visiting.

February 25th, 2012 - Left the US

April, 2012 - Received Green Card

September/October 2012 - Planning to make final move to the US.

Would we encounter problems trying to enter in September/October?

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Filed: Timeline

Maybe someone could elaborate, I still feel unsure.

Considering the following timeline below, when would we have to enter the United States? (We will have one-way plane tickets and all our belongings, it would be a permanent move):

October, 2011 - Passport with Visa received.

January, 2012 - Entered the US for the first time, although only visiting.

February 25th, 2012 - Left the US

April, 2012 - Received Green Card

September/October 2012 - Planning to make final move to the US.

Would we encounter problems trying to enter in September/October?

It's possible you will, but probably unlikely if you return within six months. September will be 5 months, but October is 6 months. If it's above 6 months, they may question you about your intent especially because you didn't stay for very long at all. Again, the bottom line is not length of time but your residence.

You need to stop saying that you were "only visiting" in January 2012. If you were only visiting in January and did not intend to make the U.S. your home then, you have already abandoned your permanent residence.

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It's possible you will, but probably unlikely if you return within six months. September will be 5 months, but October is 6 months. If it's above 6 months, they may question you about your intent especially because you didn't stay for very long at all. Again, the bottom line is not length of time but your residence.

You need to stop saying that you were "only visiting" in January 2012. If you were only visiting in January and did not intend to make the U.S. your home then, you have already abandoned your permanent residence.

I see your point. The thing is that we were actually "only visiting" and I can't really disguise it anyway: we had return trip tickets upon arrival. It's not as permanent residence was abandoned, as we still intend to migrate, and at the time of "visiting" it was not possible. You suggest it would have been better to not go at all rather than "visit"?

I contacted USCIS and they said as long as it has not been 1 consecutive year since that last time the permanent resident has left the country there is no issue. Any experiences with this?

Also, according to this form:

You do not need a reentry permit if you will be outside the United States for less than 1 year. If you have been outside the United States for less than 1 year, you may use your Permanent Resident Card (Form I-551) as your travel document.

Just looking to hear people's experiences with this. Thanks again for all the kind and informative responses.

Edited by jjjdddlll
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Filed: Country: Australia
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I'd like to weigh in and offer my experience that may give some insight to OP.

My AU wife adjusted status (from F-1/student to GC) back in 2010. I was subsequently transferred for my work to Europe ~4 weeks after GC arrived. We ultimately obtained a re-entry permit (REP) a little less than 1 year after the transfer (I've posted another thread detailing why the delay). Essentially my wife was out of US for ~11 months without an REP and we entered TOGETHER without any issue. We ultimately received the REP which is valid until here conditional GC expires. ~8 months later we had another trip to the US. Even when armed with valid GC and REP (and new baby, joint US-AU citizen) border officer sent her to 2ndary processing and was quite rude to me when asking a simple question if I and baby should accompany my wife to the next 'station' (ah my wonderful tax dollars at work - entry at Boston Logan). Wife was admitted without any issues as her LPR is maintained and has a valid REP.

It is clearly a gamble as to the 'quality' of the border agent you encounter. They can make the experience very unpleasant but have little authority to actually take the GC away, that can be only done by a judge. There seems to be an unwritten 6-month rule that border agents follow - that is absences of <6 months = little suspicion LPR has abandoned residency, >6 months = reasonable suspicion LPR has abandoned residency, >1 year without REP = abandoned residency (this is written).

I think OP shouldn't have too much difficulty entering country with LPR spouse after 5-6 months provided they have some financial/social/business evidence that they 'intend to reside within the US permanently'. Eliminate 'visiting' from your vocabulary and replace it with 'staying in touch with friends/family' or 'attending job interview' or 'evaluating home purchase', don't lie but LPR needs to tailor responses carefully if scrutiny is applied. It's clear that in no way are you trying to get around GC requirements, life sometimes takes a little time to move to another country and USCIS sometime understands this.

Disclaimer - I'm not a lawyer, just a laymen trying to balance career & family & interests with global opportunities. :wacko:

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I'd like to weigh in and offer my experience that may give some insight to OP.

My AU wife adjusted status (from F-1/student to GC) back in 2010. I was subsequently transferred for my work to Europe ~4 weeks after GC arrived. We ultimately obtained a re-entry permit (REP) a little less than 1 year after the transfer (I've posted another thread detailing why the delay). Essentially my wife was out of US for ~11 months without an REP and we entered TOGETHER without any issue. We ultimately received the REP which is valid until here conditional GC expires. ~8 months later we had another trip to the US. Even when armed with valid GC and REP (and new baby, joint US-AU citizen) border officer sent her to 2ndary processing and was quite rude to me when asking a simple question if I and baby should accompany my wife to the next 'station' (ah my wonderful tax dollars at work - entry at Boston Logan). Wife was admitted without any issues as her LPR is maintained and has a valid REP.

It is clearly a gamble as to the 'quality' of the border agent you encounter. They can make the experience very unpleasant but have little authority to actually take the GC away, that can be only done by a judge. There seems to be an unwritten 6-month rule that border agents follow - that is absences of <6 months = little suspicion LPR has abandoned residency, >6 months = reasonable suspicion LPR has abandoned residency, >1 year without REP = abandoned residency (this is written).

I think OP shouldn't have too much difficulty entering country with LPR spouse after 5-6 months provided they have some financial/social/business evidence that they 'intend to reside within the US permanently'. Eliminate 'visiting' from your vocabulary and replace it with 'staying in touch with friends/family' or 'attending job interview' or 'evaluating home purchase', don't lie but LPR needs to tailor responses carefully if scrutiny is applied. It's clear that in no way are you trying to get around GC requirements, life sometimes takes a little time to move to another country and USCIS sometime understands this.

Disclaimer - I'm not a lawyer, just a laymen trying to balance career & family & interests with global opportunities. :wacko:

Glad your entry worked out okay. Thanks for the story and the information. We are definitely not going to pass the 1 year mark, and unsure if we will pass the 6 month mark, likely not. I guess we will just try our best. The only thing is I have little connections to the U.S, apart from being enrolled in a university there and having a U.S. bank account. Is this type of documentation you mentioned necessary or just "recommended"? My wife, on the other hand, has absolutely no connection to the U.S., as she has only been there for 3 weeks visiting, er, staying in touch with family.

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Filed: Timeline

Glad your entry worked out okay. Thanks for the story and the information. We are definitely not going to pass the 1 year mark, and unsure if we will pass the 6 month mark, likely not. I guess we will just try our best. The only thing is I have little connections to the U.S, apart from being enrolled in a university there and having a U.S. bank account. Is this type of documentation you mentioned necessary or just "recommended"? My wife, on the other hand, has absolutely no connection to the U.S., as she has only been there for 3 weeks visiting, er, staying in touch with family.

Yes that's the evidence we're referring to. The previous poster accurately summarized the situation and what you need to do.

And to answer your question, yes, if you did not intend to establish permanent residence in the U.S. when you entered several months ago it would have been far better to delay issuance of your immigrant visa until you were ready to immigrate.

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