I-131 and different name on GC

[2xHollyx2 3]

Hi everybody,

I plan on visiting my family in my home country for several months while my husband is deployed.

It'll be over six months but less than a year so I assume I'm better off getting the reentry permit.

Unfortunately my last name has changed a few months ago and doesn't match my Greencard anymore.

Is this going to be a problem or am I fine carrying the marriage certificate with me when I travel?

What name do I have to use to file I-131?

Edited December 21, 2014 by 2xHollyx2

[aleful 1,905]

hi

the reentry permit is for traveling over 1 year up to 2 years

so if you planning to stay less than a year, then you don't need a reentry permit

[blest.but.strest 50]

Hi everybody,

I plan on visiting my family in my home country for several months while my husband is deployed.

It'll be over six months but less than a year so I assume I'm better off getting the reentry permit.

Unfortunately my last name has changed a few months ago and doesn't match my Greencard anymore.

Is this going to be a problem or am I fine carrying the marriage certificate with me when I travel?

What name do I have to use to file I-131?

no need for I-131 or marriage certificate, you will just need your green card and passport to travel if you are going for less than a year.

[JimmyHou 611]

Hi everybody,

I plan on visiting my family in my home country for several months while my husband is deployed.

It'll be over six months but less than a year so I assume I'm better off getting the reentry permit.

Unfortunately my last name has changed a few months ago and doesn't match my Greencard anymore.

Is this going to be a problem or am I fine carrying the marriage certificate with me when I travel?

What name do I have to use to file I-131?

Just take note of this, from the USCIS policy manual, as it may affect your future citizenship application. Many people are naturalized with absences of between 6 months to 1 year, but this does sometimes cause delays in the process.

1. Absence of More than Six Months (but Less than One Year) ​

​

An absence of more than six months (more than 181 days but less than one year (less than 365 days)​)​ during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship.​ [10]

​

An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence. ​

​

An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:​ [11]

​

•The applicant did not terminate his or her employment in the United States or obtain employment while abroad.​

​

•The applicant’s immediate family remained in the United States.​

​

•The applicant retained full access to his or her ​United States​ abode.​

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

[2xHollyx2 3]

1. Absence of More than Six Months (but Less than One Year) ​

​

An absence of more than six months (more than 181 days but less than one year (less than 365 days)​)​ during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship.​ [10]

​

An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence. ​

​

An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:​ [11]

​

•The applicant did not terminate his or her employment in the United States or obtain employment while abroad.​

​

•The applicant’s immediate family remained in the United States.​

​

•The applicant retained full access to his or her ​United States​ abode.​

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

This is exactly why I was wondering about the reentry permit since it might look like I've abonndoned my gc. Since we'll be gone for quite a while we'll be giving up the house and putting everything in storage (no lease, no utility bills, etc). Also I'm a stay at home mom at the moment with a baby so I can't show that I "kept" employment either.

[NikLR 13,227]

I would apply for an I-131, should you choose to do so, with your green card name. What does your passport say?

[2xHollyx2 3]

The passport has the new name on it.

[JimmyHou 611]

This is exactly why I was wondering about the reentry permit since it might look like I've abonndoned my gc. Since we'll be gone for quite a while we'll be giving up the house and putting everything in storage (no lease, no utility bills, etc). Also I'm a stay at home mom at the moment with a baby so I can't show that I "kept" employment either.

If you've been gone for less than a year, I think it's very unlikely that they will assume that you have abandoned your permanent resident status In other words it's very unlikely that they will say that you've given up your green card effectively. However since you are giving up almost all ties to the US for those few months, this trip may break your continuous residence, meaning that when you return your countdown toward citizenship may have to restart. To help avoid this you should take steps to maintain ties. You say that you're giving up the house and that you won't have any utility bills etc. However, you will still have the bills you're paying to the storage facility (assuming that you're using a public storage facility). I assume you will still have bank accounts that you can continue to make deposits into from overseas. You will have to pay your taxes in April. I assume you are not going to cancel your credit cards And you may not want to cancel cellphones; many providers allow you to suspend your line, enabling you to pay a much lower monthly bill while still holding your number. There's really no fixed criteria for this It's all about making the interview were confident that when you left you didn't abandon all ties to the US. These are all precautions that you can take But there are people who have gone to their interviews with long trips similar to this one who have not been asked anything about them. Then again there are people who have gone on shorter trips and were asked to send in more evidence. Edited January 2, 2015 by JimmyHou