First 2 years of maintaining permanent residency

[Pszczolka 0]

Hi,

I've tried to search past posts and haven't found something that deals quite with our situation but apologies if it has been answered.

I've been reading a lot about maintaining permanent residency and I understand that there are no hard and fast rules (except don't stay out for more than 6 months at a time, get a re-entry permit if out for more than a year, etc.) but I was wondering if anyone had experience with a similar situation.

Our plan, if my husband's IR-1 is approved next week (!), is to travel to the US in May for a few weeks but then come back to the UK as my husband is finishing his Masters. He will roughly be done in August/September 2014. Our plan is to move to the US permanently, however, we're worried that he won't be able to get a job as he doesn't have a lot of work experience and it might be easier for him to get a job here through university contacts, professors, etc. to start. After a year or so, we could move to the US permanently.

In this case, if we are actually spending more time abroad but travelling to the US for a few weeks every 3-4 months, just over the course of 18 months or so, do you think the CBP will have issues with this? I have maintained voting, bank accounts, credit cards, etc. for years and we will open up similar for my husband once he has his SSN, but we won't be able to spend more than 3 weeks at a time probably in the US for each visit (and more likely 2) for the first 1.5 years or so that he has his PR. During this time, on each trip, he will be looking for jobs so maybe our move will be possible even sooner.

Thanks for any advice or insight - you guys have been invaluable during this process!

[Zedayn 485]

You need to spend a majority of the time in the US to maintain residency status. If your total time in the US, counting the few weeks every 3-4 months, is less than 6 months more than likely you will lose residency status. The whole purpose of being a permanent resident is that you live here, not just visit once in a while.

[NigeriaorBust 4,087]

You must also file US taxes to maintain residency.

[Dave&Roza 748]

Hi,

I've tried to search past posts and haven't found something that deals quite with our situation but apologies if it has been answered.

I've been reading a lot about maintaining permanent residency and I understand that there are no hard and fast rules (except don't stay out for more than 6 months at a time, get a re-entry permit if out for more than a year, etc.) but I was wondering if anyone had experience with a similar situation.

Our plan, if my husband's IR-1 is approved next week (!), is to travel to the US in May for a few weeks but then come back to the UK as my husband is finishing his Masters. He will roughly be done in August/September 2014. Our plan is to move to the US permanently, however, we're worried that he won't be able to get a job as he doesn't have a lot of work experience and it might be easier for him to get a job here through university contacts, professors, etc. to start. After a year or so, we could move to the US permanently.

In this case, if we are actually spending more time abroad but travelling to the US for a few weeks every 3-4 months, just over the course of 18 months or so, do you think the CBP will have issues with this? I have maintained voting, bank accounts, credit cards, etc. for years and we will open up similar for my husband once he has his SSN, but we won't be able to spend more than 3 weeks at a time probably in the US for each visit (and more likely 2) for the first 1.5 years or so that he has his PR. During this time, on each trip, he will be looking for jobs so maybe our move will be possible even sooner.

Thanks for any advice or insight - you guys have been invaluable during this process!

The CBP looks for two things when they decide to allow a LPR back into the US. One is long trips outside the US for more than 6 months with a few weeks inside the US. The other are very short trips outside the US but add up to spending more than 180 days outside the US in any 365 day period. The key term in the LPR is the RESIDENT part. There are ways to maintain residency without physically living in the US.

Do your husband and your self a favor and apply for a re-entry permit. The CBP will notice the game you will be playing of trying to keep his GC and at one point will tell him that if he does not remain in the US for more than 182 days it will be the last time he is allowed to enter the US using his GC--i.e. after returning to the US if he leave before 6 months are up, you can kiss the GC good-bye. If he is still working at his job in the UK what will he do? Even with a re-entry permit, your husband must maintain residency in the US, but it does allow him to remain outside the US for more than one year or you can do the several trips back to the US, but it shows the CBP that he wants to keep his GC and is going about it the correct way. Have a look at "How to Maintain your residency" so your husband does loose his and then you have to file for a spousal visa.

Good luck,

Dave

[Pszczolka 0]

Thank you for all of your advice. Of course the plan is to be a resident but given how uncertain the timelines are when you apply, it's not so easy to plan around it. When we started this process months ago we didn't know if it would take 5 months (as it has for some) or 10 months (as the USCIS says itself on its website), and that's quite a big difference.

As I mentioned, this is something that will be just for the first 18 months or so and while I understand doing this for years isn't a good idea and I didn't know whether they would be as strict during the first year or two.