Heading Back Overseas

[ThailandToIndiana 11]

My wife and I lived in Thailand for a number of years and decided we'd give living in the States a shot. After living in the States for a little over a year, we've decided to return to Thailand. My wife currently has an IR-1 visa. What happens to that when we leave the States. Is it still valid if we decide to come back to the States for a vacation? Or, once we return to Thailand, is the IR-1 visa voided and we'd have to get another visa for her to return to the States?

[BernieRich 5]

My wife and I lived in Thailand for a number of years and decided we'd give living in the States a shot. After living in the States for a little over a year, we've decided to return to Thailand. My wife currently has an IR-1 visa. What happens to that when we leave the States. Is it still valid if we decide to come back to the States for a vacation? Or, once we return to Thailand, is the IR-1 visa voided and we'd have to get another visa for her to return to the States?

Presumably then she is an LPR with a green card?

If she leaves the US for more than 1 year without returning within that tine then her green card (LPR status) becomes null and void.

So in other words to keep her LPR status she will have to return to the US at least once per year - and of course file US taxes etc.

The alternative is that she visits as a tourist.

I don't know of any other way?

[Caryh 5,206]

Presumably then she is an LPR with a green card?

If she leaves the US for more than 1 year without returning within that tine then her green card (LPR status) becomes null and void.

So in other words to keep her LPR status she will have to return to the US at least once per year - and of course file US taxes etc.

The alternative is that she visits as a tourist.

I don't know of any other way?

If you give up residence in the USA, you're abandoning the green card. Yes, they might be able to leave for less than a year and return, but if someone tries to just visit yearly, they will deny entry on one of those return trips. I knew a couple that spent only half of each year in the foreign spouse's country and they were threatened with denial upon the return one time, and told they would be denied if they stayed out that long again. Plus they maintained a home in the USA. If a green card holder is giving up residence and wishes to continue to visit, they should surrender the green card to the US embassy of the country they move to and apply for a tourist visa. Other paths eventually will have a nasty surprise.

[Karee 4,190]

My wife and I lived in Thailand for a number of years and decided we'd give living in the States a shot. After living in the States for a little over a year, we've decided to return to Thailand. My wife currently has an IR-1 visa. What happens to that when we leave the States. Is it still valid if we decide to come back to the States for a vacation? Or, once we return to Thailand, is the IR-1 visa voided and we'd have to get another visa for her to return to the States?

If she's been in the U.S. for a year, then her IR-1 visa is probably expired. They're usually good for six months. She should have received a 10 year green card in the mail approx. one month after arrival. You have the option of sticking it out in the U.S. for roughly 3 years from the date on the green card until she can get U.S. citizenship That way she can come and go as she pleases on her U.S. passport. If not, then she'll be looking at applying for tourist visa if she wants to come back and visit the U.S. The green card is meant for people residing in the U.S. Trying to use it as a part time visa is good way to get turned around at POE and forced to take a long flight back to Thailand.

[ThailandToIndiana 11]

Ok, yes, sorry for the misinformation. My wife did receive her Green Card. So we should hang onto that for a year (in case there's an emergency…like the death of someone in my family), and then turn that into the U.S. Consulate in Bangkok. My guess is that voluntarily returning a Green Card will not be looked down upon if we later apply for a future tourist visa, or even another IR-1, correct?

[Karee 4,190]

Ok, yes, sorry for the misinformation. My wife did receive her Green Card. So we should hang onto that for a year (in case there's an emergency…like the death of someone in my family), and then turn that into the U.S. Consulate in Bangkok. My guess is that voluntarily returning a Green Card will not be looked down upon if we later apply for a future tourist visa, or even another IR-1, correct?

Actually I think it would help your wife's case for a tourist visa. The main thing they look for when deciding to grant a tourist visa is evidence that the applicant will return to Thailand. I can't think of better evidence than turning in a green card.

Edited August 6, 2014 by Karee

[ThailandToIndiana 11]

Good to know…thanks for the info!

[Ning 619]

Actually I think it would help your wife's case for a tourist visa. The main thing they look for when deciding to grant a tourist visa is evidence that the applicant will return to Thailand. I can't think of better evidence than turning in a green card.

Karee is correct. There are cases where the green card was returned while applying for a ten year tourist visa. The return of the G Card indicated to the embassy there was no intention of living in the USA which made the decision about granting the tourist visa easy.

[Ryan H 3,813]

Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration.

[ibhitchin 1]

If she's been in the U.S. for a year, then her IR-1 visa is probably expired. They're usually good for six months. She should have received a 10 year green card in the mail approx. one month after arrival. You have the option of sticking it out in the U.S. for roughly 3 years from the date on the green card until she can get U.S. citizenship That way she can come and go as she pleases on her U.S. passport. If not, then she'll be looking at applying for tourist visa if she wants to come back and visit the U.S. The green card is meant for people residing in the U.S. Trying to use it as a part time visa is good way to get turned around at POE and forced to take a long flight back to Thailand.

Just to expand on the idea of sticking it out until attaining USC. There are additional requirements for qualifying that are impacted by being outside the country. The soonest you can naturalize is 3 years of LPR, but a certain percentage of that must be physically present in the US. Also, trip duration of 6 months or more outside the US, WILL be questioned at the interview - mine was 6months and 2 weeks, and I was asked about it. Also there are ways to get your qualifying time reset to zero (I don't remember off the top of my head what that is, but I think its trips outside the US of 6 months or more - your time in the US would be considered from the return date of the extended absence. You don't have to wait a full 3 years again, but you have to wait the minimum number of days out of the last 3 years to qualify again. If that makes sence! )

I don't remember the exact numbers - where I have given numbers they are correct, where I gloss over a number its because I don't remember exactly, but I want to give you an idea of what kind of gotcha's they can throw into your N-400 path! I would advise you to look at the official guidelines for exact numbers and explanations.

I naturalized starting about this time last year, so the process is still fairly fresh in my mind.

One last thing I almost forgot. One year outside the country puts you in jeopardy of having them demand the card back, but even trips of shorter duration (over 6 months up to a year) put you at risk of having to defend your residency status.

Edited August 7, 2014 by ibhitchin

[ThailandToIndiana 11]

Thanks for the info, but my wife isn't planning on applying for citizenship. Our plans are to move to Thailand, purchase a house, and stay for many years. If, way down the road, we decide to return to the States, we will take the IR-1 route again. To be honest, neither of us are as happy in the States as we were when we lived in Thailand. The States aren't all they're cracked up to be, so we're going to head back to Thailand for a while. I'm glad we gave the States a shot, but the country isn't for everyone. Best of luck to the rest of you though.

[Karee 4,190]

Thanks for the info, but my wife isn't planning on applying for citizenship. Our plans are to move to Thailand, purchase a house, and stay for many years. If, way down the road, we decide to return to the States, we will take the IR-1 route again. To be honest, neither of us are as happy in the States as we were when we lived in Thailand. The States aren't all they're cracked up to be, so we're going to head back to Thailand for a while. I'm glad we gave the States a shot, but the country isn't for everyone. Best of luck to the rest of you though.

I can agree with that. I've been looking to move back to Thailand since I came back to the U.S. in 2008. Not easy finding decent employment over there though.

[Caryh 5,206]

Thanks for the info, but my wife isn't planning on applying for citizenship. Our plans are to move to Thailand, purchase a house, and stay for many years. If, way down the road, we decide to return to the States, we will take the IR-1 route again. To be honest, neither of us are as happy in the States as we were when we lived in Thailand. The States aren't all they're cracked up to be, so we're going to head back to Thailand for a while. I'm glad we gave the States a shot, but the country isn't for everyone. Best of luck to the rest of you though.

I agree with you completely. The wife and I will be moving back to her home country eventually to. Although the time frame is long enough for her to get citizenship. So many people think the USA is the end all best place in the world. While it certainly has its good points, it has its fair share of negative points to. Depending on what you want out of life, you can have a happy life in just about any country, and some make it much easier to be happy.

[Jamnan_n_Steve 17]

Similar to other Thai/Farang couples we are planning to return to live, but as I have accumulated enough Social Security quarters to receive a reasonable beneft during my lifetime I would be irresponsible to relocate our family before my wife achieves citizenship. Citizenship (or five years of residence) will allow her to collect a surviving spouse benefit in Thailand when she is sixty of ~$1,200 (inflation adjusted). Everyone's situation differs but for us this is an important component of estate planning especially to a country without much of an old-age safety net outside of the family.

[Karee 4,190]

Similar to other Thai/Farang couples we are planning to return to live, but as I have accumulated enough Social Security quarters to receive a reasonable beneft during my lifetime I would be irresponsible to relocate our family before my wife achieves citizenship. Citizenship (or five years of residence) will allow her to collect a surviving spouse benefit in Thailand when she is sixty of ~$1,200 (inflation adjusted). Everyone's situation differs but for us this is an important component of estate planning especially to a country without much of an old-age safety net outside of the family.

$1200 a month is decent money in Thailand. The average salary for a person with a university degree is about 20k THB ($600) a month. Her parents who are in their late 60s get 500 THB a month (about $15) from the Thai government.