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Not sure where to ask this so I'll try here first as it seems there's always a lot of immigration knowledge here...

I'm deploying for 6 months, mid-Jan to mid-Jul. My wife is going to stay in the Philippines with her family while I'm gone. We just got the AOS completed and rec'd the 2 year green card in Oct/Nov this year.

At the time of our interview for AOS she was planning on staying here while I was gone...so I would've made sure of this at UCSIS that day had I know she was going to the Phil....but my question is; if she's gone for slightly more than 6 months straight will it be an issue when she returns in Jul? And will it be an issue when we have our appointment 2 years from now to remove conditions on the green card?

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Not sure where to ask this so I'll try here first as it seems there's always a lot of immigration knowledge here...

I'm deploying for 6 months, mid-Jan to mid-Jul. My wife is going to stay in the Philippines with her family while I'm gone. We just got the AOS completed and rec'd the 2 year green card in Oct/Nov this year.

At the time of our interview for AOS she was planning on staying here while I was gone...so I would've made sure of this at UCSIS that day had I know she was going to the Phil....but my question is; if she's gone for slightly more than 6 months straight will it be an issue when she returns in Jul? And will it be an issue when we have our appointment 2 years from now to remove conditions on the green card?

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

You may be found to have abandoned your permanent resident status if you:

  • Move to another country intending to live there permanently
  • Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
  • Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
  • Fail to file income tax returns while living outside of the United States for any period
  • Declare yourself a “nonimmigrant” on your tax returns
Edited by Hank_

Hank

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just curious, are you going to be deployed on a Ship? or just land base?


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Absolutely nothing wrong with it. As long as you have orders, you can justify any inquiry as to why she went home while you deployed. But I seriously doubt any inquiry would ever be made. Hank posted the actual rules. You should be just fine. And thank you for your service!

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My fiance might be deployed to Afghanistan early next year too. During AOS, there's an interview too right? Does this get waived or they just keep postponing it until he gets home?

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My fiance might be deployed to Afghanistan early next year too. During AOS, there's an interview too right? Does this get waived or they just keep postponing it until he gets home?

For some reason can't copy/paste to this thread...but if you go to the military section of USCIS and find FAQ you'll see that question/answer the 4th question down. Basically says that if your spouse is deployed during AOS interview to bring evidence of the deployment (orders or letter from his commander) along with all the other req'd items you would normally bring.

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For some reason can't copy/paste to this thread...but if you go to the military section of USCIS and find FAQ you'll see that question/answer the 4th question down. Basically says that if your spouse is deployed during AOS interview to bring evidence of the deployment (orders or letter from his commander) along with all the other req'd items you would normally bring.

I found it, thank you!

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And thank you for your service!

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Mahalo/Salamat!

Steve and Joan
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Joan passed through immigration in Hawaii! She's home! 6/13/13

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For some reason can't copy/paste to this thread...but if you go to the military section of USCIS and find FAQ you'll see that question/answer the 4th question down. Basically says that if your spouse is deployed during AOS interview to bring evidence of the deployment (orders or letter from his commander) along with all the other req'd items you would normally bring.

^^^ good.gif


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