Abandonment??

[bxman 13]

Hello fellow VJers

After what seems like forever we have made it to the point of my wife receiving her Conditional Green Card which will expire Nov 2015

We are aware of filing for removal of conditions 90 days prior to it's expiration (no sooner no later than 90 days)

I would like to experience living in the Philippines

I would love to go there on a Balikbayan visa and stay maybe 6 months or more

My question is:

What advice can you experienced VJers give me on the do's and don'ts in seeking to live outside the US with my wife for 6 months or so?

I currently THINK I should wait until lifting of conditions

I'm 60 yrs old and not sure I want to wait for her to get US citizenship ( I think it takes 4-5 more years?)

Whats my best approach?

If we stay outside the US for say 6 months or even a year what will she have to go through to re-enter the US?

We currently have Advance Parole so how long can she stay outside the US and not be considered abandonment?

If we wait until she receives her permanent visa will it make a difference?

Thanks

Don

[Cathi 5,830]

she can get citizenship via marriage to a US citizen after 3 years

[bxman 13]

Thanks for that info

[canusa920 11]

I personally wouldn't leave for more than 6 months because the USCIS will assume she doesn't have any plans of making the USA her home. I think travelling with your wife is fine, but I wouldn't even recommend more than 90 days.

[aaron2020 11,651]

Hi Don,

Your wife can apply for US citizenship after 3 years of marriage to you AND having a green card for 3 years.

Your wife's green card was approved and issued in Nov/Dec 2013, so her first opportunity to apply for US citizenship will be Nov/Dec 2016.

She needs to maintain her LPR status when she is outside the US; http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

She also needs to meet several physical presence requirements in order to qualify for US citizenship; http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

My advice would be - no trips outside the US for more than 6 months in a year and spending more than 18 months in the US for the next 3 years if US citizenship is the goal and you want to live in the PI now.

Several Vietnamese people in your situation - USC with an LPR spouse - will spend Jan-April in Vietnam when the weather is nice and cool and return to the US from May to Dec to avoid the heat, humidity, and monsoon season in Vietnam and enjoy California's nice weather. They break it up that way to avoid accidentally abandoning the LPR status and to qualify for US citizenship as quick as possible.

Edited February 22, 2014 by aaron2020

[KayDeeCee 4,900]

AP is no longer valid or needed since she has a green card. It is possible to apply for a re-entry permit if she will be out of the US for longer periods of time. All the time she is out of the US will add more time to when she can apply for US citizenship though. Seems best to wait for her to get naturalized, then there is no worry about how long you are out of the US. Travel when you like, where you like and for however long you like.

~ Moved from AOS from Family Based Visas to Working & Traveling During US Immigration - topic is travel, not AOS ~

[bxman 13]

Thanks all for clearing this all up for us

Looks like it's best to do what we ALL EXCEL at here on VJ: WAIT lol