AOS in process and overseas job, I am losing it

[J&P! 2]

Hello Everyone!

We are waiting for our AOS, biometric was on aug 6th 2012 and case has been transferred to local office.

Hubby is close to getting this job with an international NGO in haiti, he is a urban planner so travelling is very common with his job. The problem is the position is for 1 yr starting in NOV 2012 and we both don't want to be separated, the only reason I left all behind was to be with him here in USA. I feel very frustrated and I know he wants this job and might have to turn it down because of me.

here are my questions.

1. Can I travel with him for 1 year? we will be returning back every 6 month to see family here for a week.

2. I did try to read up on this but the answer is not very clear, do I need to file a re entry permit? I still have my AP haven't left US since I am here.

3. Has anybody gone through the same situation?

4. I read that leaving the country during Conditional green card may result in losing the green card, now if my entire purpose to come here in US was to be with my man and he needs to travel can they really take my green card?

Can anyone please help me? I am so upset I feel I am in jail I am still adjusting here and my in laws are difficult people, cant live with them :lol:

Please please help me. I am losing it . :help:

Edited August 27, 2012 by J&P!

[Harpa Timsah 13,260]

An LPR can leave for up to a year without needing a re-entry permit. If you want, you can get a re-entry permit to be on the safe side and avoid questioning at POE about your proof of ties to the US.

You do not yet have a GC, however. Has your file been transfered to CSC? Do you have any expectation on when it will be approved? You can travel for short trips on AP, but I wouldn't use it to travel for months and months. A Reentry permit and AP are different things.

Avoid reading websites on this matter. There are prevalent rumors that contradict the official policy of USCIS, which is up to a year, no reentry permit needed. An absence of any length can be used to determine if you have abandoned residency, but for a finite period abroad with concrete plans to return, I wouldn't spend to much mental time on that possibility.

[J&P! 2]

An LPR can leave for up to a year without needing a re-entry permit. If you want, you can get a re-entry permit to be on the safe side and avoid questioning at POE about your proof of ties to the US.

You do not yet have a GC, however. Has your file been transfered to CSC? Do you have any expectation on when it will be approved? You can travel for short trips on AP, but I wouldn't use it to travel for months and months. A Reentry permit and AP are different things.

Avoid reading websites on this matter. There are prevalent rumors that contradict the official policy of USCIS, which is up to a year, no reentry permit needed. An absence of any length can be used to determine if you have abandoned residency, but for a finite period abroad with concrete plans to return, I wouldn't spend to much mental time on that possibility.

Thank you 'Harpa Timsah'!

Agree the more I read on this matter the more confused I get. I am thinking of calling USCIS and letting them know whats happening and may be send a copy of his contract to them, if he takes the job.As I said am waiting for AOS , if all goes well I should get my conditional green card by September last week or by Nov 1st week 2012.

Thank you once again! I am hoping to hear from someone who has been in my situation.

Edited August 27, 2012 by J&P!

[Harpa Timsah 13,260]

Here is what USCIS will tell you. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Like I said, there is a lot of perpetuated rumor, so don't trust the web for this. A lot of people think that 6 months is the max you can be out, and it's not true. So, don't read a whole bunch of "opinions" and trust the source linked above. If you want to feel "safe," get a Reentry permit.

[Little_My 464]

I understand your worry. I am in a similar situation myself. But like Harpa said, there's plenty of false information floating around online about this. Any absence from the United States can be interpreted to mean that you've abandoned your residency, but the rule of the thumb is that absences of less than 12 months will not hurt your residency, especially if you can show how/why the absence was intended to be temporary and your plan was to return to the US the whole time - and that you maintained ties to the US during your absence.

I got my GC in July of 2011. August this year, me and my husband moved to India because of his job. He has a company that does work here, and remaining in the US would have required him to travel here for at least 2-3 weeks out of every two months, which is not really ideal. So, we moved here. I plan to be back in the US by early June 2013, since I have to file for ROC by early July. I will be gone for less than a year, I can show that our move was because of my husband's (USC) job required him to come here - temporarily - and that our plan was always to return to the US and reside there. I am keeping bank accounts open there, we'll of course file taxes there normally in 2013, I've kept my phone plan and only put it on hold so that there are no fees accumulating while I am gone, and my visa is a temporary entry visa.

I didn't get a re-entry permit, for two reasons. 1) I woke up to the possibility of getting it too late - my biometrics wouldn't have been scheduled until after I was planning to be out of the US, and 2) I really didn't feel like spending the money it costs to file for it (over $300 I believe). I also didn't see how it would really make a difference - I know with 100% certainty I'll be back in the US before I have been gone for 12 months. I also plan to come for a shorter visit back around the 6-month mark, just to make things easier for myself - and to see friends and family of course. Re-entry permit protects an LPRs status during absences of 12-14 months, so I didn't really see the benefit of getting it for an absence of less than 12 months - but, as said by Harpa, you can always get it for peace of mind.

I think you'll be fine. Just make sure you're not gone for 12 months, maintain ties to the US, be prepared to show how your move was due to his work, and have all your ducks in a row and paperwork in order. I'll let you know how things go when I first come back to the US.

[J&P! 2]

I understand your worry. I am in a similar situation myself. But like Harpa said, there's plenty of false information floating around online about this. Any absence from the United States can be interpreted to mean that you've abandoned your residency, but the rule of the thumb is that absences of less than 12 months will not hurt your residency, especially if you can show how/why the absence was intended to be temporary and your plan was to return to the US the whole time - and that you maintained ties to the US during your absence.

I got my GC in July of 2011. August this year, me and my husband moved to India because of his job. He has a company that does work here, and remaining in the US would have required him to travel here for at least 2-3 weeks out of every two months, which is not really ideal. So, we moved here. I plan to be back in the US by early June 2013, since I have to file for ROC by early July. I will be gone for less than a year, I can show that our move was because of my husband's (USC) job required him to come here - temporarily - and that our plan was always to return to the US and reside there. I am keeping bank accounts open there, we'll of course file taxes there normally in 2013, I've kept my phone plan and only put it on hold so that there are no fees accumulating while I am gone, and my visa is a temporary entry visa.

I didn't get a re-entry permit, for two reasons. 1) I woke up to the possibility of getting it too late - my biometrics wouldn't have been scheduled until after I was planning to be out of the US, and 2) I really didn't feel like spending the money it costs to file for it (over $300 I believe). I also didn't see how it would really make a difference - I know with 100% certainty I'll be back in the US before I have been gone for 12 months. I also plan to come for a shorter visit back around the 6-month mark, just to make things easier for myself - and to see friends and family of course. Re-entry permit protects an LPRs status during absences of 12-14 months, so I didn't really see the benefit of getting it for an absence of less than 12 months - but, as said by Harpa, you can always get it for peace of mind.

I think you'll be fine. Just make sure you're not gone for 12 months, maintain ties to the US, be prepared to show how your move was due to his work, and have all your ducks in a row and paperwork in order. I'll let you know how things go when I first come back to the US.

Hello Little_My,

So nice of you to share your experience. I have lived in India most of my life and boy I miss it so much.Hubby didn't take the position as am still not settled and we have to much to sort out here in USA. he is going to Haiti for 3 months which should be fine, I guess. I would love to hear your experience in India though.

Take care and best luck.

Poonam