Jump to content
Sign in to follow this  
joanderson

after receiving green card.. living abroad???

7 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

ok hopefully someone here will know the answer to my question...

My interview is next week for my wife ( Im the USC) I am currently living abroad with her and our children, I have a job offer for when we enter the US, but they just contacted me and apparrantly the job they have for me just changed to be a job in another country, (not the US nor Mexico). They would also be hiring my wife, so this is a US based job and we would be getting paid through the US systen with w2 and what not, but we wouldn't be physically in the US, and I understand that once my wife is issued her residency, she must spend a minimum of 6 months per year within the US. Is this going to cause her to lose everything we have been working for these past 17 months? Or is there a way to keep her green card valid even if we are not within the US, because in order for her to work for this company they will require her to have a social security number to be able to work and get paid.

Thank you in advance, hopefully someone will have an idea or could suggest where I could find the answer.


First Met: June-13 - 2003

Marriage : January-26-2012

I-130 Sent : May-31-2013

I-130 NOA1 : June-05-2013

NOA 2: April-08 - 2014

Case shipped to NVC: April-16 - 2014

10 months in USCIS

NVC:

Case received: April - 28 - 2014

Case number & IIN: May - 22 - 2014

DS-261 available & completed: May - 30 - 2014

DS-261 scanned June - 03 - 2014

AOS fee paid: June - 02 - 2014

AOS fee shows as paid: June - 04 - 2014

AOS packet sent: June - 09 - 2014

AOS scanned: June - 17 - 2014

AOS APPROVED WITHOUT A CHECKLIST THANKS TO SAYLIN & HER WIKI: July - 29 - 2014

IV fee invoiced & paid: July - 29 - 2014

IV fee shows as paid: July - 30 - 2014

IV packet sent: August - 4 - 2014

DS-260 Completed: August - 6 -2014

IV packet scanned in NVC's system August - 13 - 2014

CASE COMPLETE: Oct - 09 - 2014

Interview Scheduled: Oct - 16 - 2014

Interview Date: Nov - 14 - 2014

Share this post


Link to post
Share on other sites

A green card is for living in the US. If it's not your wife's intention to live in the US then she isn't entitled to a green card.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

A green card is for living in the US. If it's not your wife's intention to live in the US then she isn't entitled to a green card.

Her intention is to live in the US, but recently my job offer includes a temporary job abroad for the both of us, (temporary) Then we will be both going to US soil, and this is why I am worried about her losing the green card, if we spend the first year of her having the green card abroad. And that is why I posted this to see if this is the case, where she may lose her green card under these conditions, So I can know whether to accept the temporary job abroad or not. ( which is a great economical opportunity)


First Met: June-13 - 2003

Marriage : January-26-2012

I-130 Sent : May-31-2013

I-130 NOA1 : June-05-2013

NOA 2: April-08 - 2014

Case shipped to NVC: April-16 - 2014

10 months in USCIS

NVC:

Case received: April - 28 - 2014

Case number & IIN: May - 22 - 2014

DS-261 available & completed: May - 30 - 2014

DS-261 scanned June - 03 - 2014

AOS fee paid: June - 02 - 2014

AOS fee shows as paid: June - 04 - 2014

AOS packet sent: June - 09 - 2014

AOS scanned: June - 17 - 2014

AOS APPROVED WITHOUT A CHECKLIST THANKS TO SAYLIN & HER WIKI: July - 29 - 2014

IV fee invoiced & paid: July - 29 - 2014

IV fee shows as paid: July - 30 - 2014

IV packet sent: August - 4 - 2014

DS-260 Completed: August - 6 -2014

IV packet scanned in NVC's system August - 13 - 2014

CASE COMPLETE: Oct - 09 - 2014

Interview Scheduled: Oct - 16 - 2014

Interview Date: Nov - 14 - 2014

Share this post


Link to post
Share on other sites

How solid is the one year thing? If it's absolutely set in stone then your wife can probably maintain her residency long enough for CBP to not determine that she's abandoned it.

Generally for an LPR, international trips of under six months are not an issue; international trips of between six and twelve months may require her to have to show CBP proof that she has maintained her residency even whilst overseas (examples might be: maintaining US auto / health / life / properly insurance, maintaining a US residence, maintaining a US bank account, etc.); and trips of between one and two years would require her to obtain a re-entry permit, and the same non-abandonment proof may also be required.

If it was going to be one year for sure, she would probably be able to enter on her immigrant visa (to activate it); apply for a re-entry permit (if needed - it can be sent to a foreign US embassy if required), and take other steps that would show she is wanting to remain an LPR.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Share this post


Link to post
Share on other sites
Filed: Timeline

What if my trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the “Travel Documents” page.

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the “Continuous Residence and Physical Presence Requirements” page.

From: http://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

She may be able to work abroad for an extended period without jeopardising her permanent residence status. However, if her ultimate intent to become a US citizen, then she needs to be careful about how she does this.

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

How solid is the one year thing? If it's absolutely set in stone then your wife can probably maintain her residency long enough for CBP to not determine that she's abandoned it.

Generally for an LPR, international trips of under six months are not an issue; international trips of between six and twelve months may require her to have to show CBP proof that she has maintained her residency even whilst overseas (examples might be: maintaining US auto / health / life / properly insurance, maintaining a US residence, maintaining a US bank account, etc.); and trips of between one and two years would require her to obtain a re-entry permit, and the same non-abandonment proof may also be required.

If it was going to be one year for sure, she would probably be able to enter on her immigrant visa (to activate it); apply for a re-entry permit (if needed - it can be sent to a foreign US embassy if required), and take other steps that would show she is wanting to remain an LPR.

From: http://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

She may be able to work abroad for an extended period without jeopardising her permanent residence status. However, if her ultimate intent to become a US citizen, then she needs to be careful about how she does this.

Thank you both, that makes it a lot clearer now, it sounds like it is a doable option and I will just pressure it to be only 1 year just to make sure to no complicate things,

I greatly appreciate you help and guidance.


First Met: June-13 - 2003

Marriage : January-26-2012

I-130 Sent : May-31-2013

I-130 NOA1 : June-05-2013

NOA 2: April-08 - 2014

Case shipped to NVC: April-16 - 2014

10 months in USCIS

NVC:

Case received: April - 28 - 2014

Case number & IIN: May - 22 - 2014

DS-261 available & completed: May - 30 - 2014

DS-261 scanned June - 03 - 2014

AOS fee paid: June - 02 - 2014

AOS fee shows as paid: June - 04 - 2014

AOS packet sent: June - 09 - 2014

AOS scanned: June - 17 - 2014

AOS APPROVED WITHOUT A CHECKLIST THANKS TO SAYLIN & HER WIKI: July - 29 - 2014

IV fee invoiced & paid: July - 29 - 2014

IV fee shows as paid: July - 30 - 2014

IV packet sent: August - 4 - 2014

DS-260 Completed: August - 6 -2014

IV packet scanned in NVC's system August - 13 - 2014

CASE COMPLETE: Oct - 09 - 2014

Interview Scheduled: Oct - 16 - 2014

Interview Date: Nov - 14 - 2014

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from IR-1/CR-1 Progress Reports to Working & Traveling During US Immigration forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...