Husband of a US Citizen on Green Card

[Nich-Nick 3,353]

Thank you Nich-Nick.

Do you have answer to the question on stay of 6 months in segments within the year? Really appreciate your help.

Do the worksheet.

It asks questions like

During the past three years, I have not been out of the country for 18 months or more.

True or Not True?

There is no "six months in segments" analysis.

[London2SFrancisco 5]

Actually CBP are the ones who would make a recommendation as to whether his green card be revoked or not. The final decision would be made by an immigration judge in that circumstance.

It does seem like he wants to have his cake and eat it too. A green card is for living in the US. If you aren't living in the US then you aren't entitled to a green card. At some point CBP may notice his pattern of behaviour and may move to have his green card revoked.

Hypnos - your comments are complete jokes. Do you think USCIS is so dumb that they would let him do this over a decade if there was no provision for it? Please comment only if you can help. Otherwise I request you to stay away. Thank you Hypnos.

To make you happy - yes he is enjoying the cake lol.

[London2SFrancisco 5]

I am intrigued, could you be more specific?

Boiler, sure I will put some more info later, so it helps everybody here on VJ.

[Boiler 43,451]

Hypnos - your comments are complete jokes. Do you think USCIS is so dumb that they would let him do this over a decade if there was no provision for it?

What is that provision?

[Hypnos 6,576]

I'm sure you know best. After all, that's why you're here asking others for advice.

It's against the ToS of this forum to ask others not to post. This forum has an ignore function and I would advise you to make use of it if necessary.

[London2SFrancisco 5]

My father in law is a US green card holder and he stayed outside us for employment purposes. He has done that using form i-131.

Form i-131 can be used to gain permission to re-entry to US while keeping the green card active without staying within the US.

It is worth mentioning that he did enter the US almost once a year every year in the last 10 years but never stayed longer than 2 months at once.

USCIS approves such stay outside US via approving form I-131 and specifies a date by which he needs to return to US to keep the US green card active.

He would complete the form again and get another extension before he leaves US. USCIS has always given permission to leave US for two years, but only this time it was unusual and they extended only for 18 months.

An excerpt from USCIS website is below:

The purpose on the Form I-131 as described below:

• Educational purposes, such as semester abroad programs or academic research;
• Employment purposes, such as overseas assignments, interviews, conferences, training, or meetings with clients; or
• Humanitarian purposes, such as travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative.

I hope it clears all confusion @ Hypnos and Aaron.

Hopefully, it will also help other fellow VJ ers.

Edited October 27, 2015 by London2SFrancisco

[aaron2020 11,651]

My father in law is a US green card holder and he stayed outside us for employment purposes. He has done that using form i-131.

Form i-131 can be used to gain permission to re-entry to US while keeping the green card active without staying within the US.

It is worth mentioning that he did enter the US almost once a year but never stayed longer than 2 months at once.

An excerpt from USCIS website is below:

The purpose on the Form I-131 as described below:

• Educational purposes, such as semester abroad programs or academic research;
• Employment purposes, such as overseas assignments, interviews, conferences, training, or meetings with clients; or
• Humanitarian purposes, such as travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative.

I hope it clears all confusion @ Hypnos and Aaron.

Hopefully, it will also help other fellow VJ ers.

Best of luck since you have this all figured out.

Why did you even bother asking people with years of experience navigating the immigration maze when you already have all the answers?

[London2SFrancisco 5]

Best of luck since you have this all figured out.

Why did you even bother asking people with years of experience navigating the immigration maze when you already have all the answers?

Perhaps you did not read my question carefully that i opened the thread for. Nich-Nick helped me with those while others either created confusion or provided unnecessary uneducated inputs.

Edited October 27, 2015 by London2SFrancisco

[aaron2020 11,651]

London2SFranciso - he's smarter than immigration lawyers.

http://www.khurgel.com/abandonment-of-lawful-permanent-residence-maintaining-ties-and-re-entry-permits/

[London2SFrancisco 5]

London2SFranciso - he's smarter than immigration lawyers.

http://www.khurgel.com/abandonment-of-lawful-permanent-residence-maintaining-ties-and-re-entry-permits/

No i never claimed that, not sure why are you trying to be personal...lol.

My father-in-law probably manages to satisfy all the 12 points mentioned in the article and probably that is why USCIS allowed him the permits for the last 10 years.

I have come across another person through personal network who has been doing that for the last 22 years.

I am not here to prove anything right or wrong. These are case by case basis scenarios.

I got help with my queries all the time here at VJ and this was a small effort to share my case so that others may get some help from it.

(Boiler also requested to add some details).

[Boiler 43,451]

The I 131 instruction form is quite educative about this situation. Applying for Citizenship which requires amongst other thing a full disclosure of past trips may not advisable, a legal consultation would be in order.

Please note most Immigration Lawyers are not that familiar with abandonment issues, make sure that whoever is consulted has at least tried a few.

Trying to remember the maven on this subject, I remember it is is a Father and Daughter team based in CA but for the life of me can not remember their names.

No i never claimed that, not sure why are you trying to be personal...lol.

My father-in-law probably manages to satisfy all the 12 points mentioned in the article and probably that is why USCIS allowed him the permits for the last 10 years.

I have come across another person through personal network who has been doing that for the last 22 years.

I am not here to prove anything right or wrong. These are case by case basis scenarios.

I got help with my queries all the time here at VJ and this was a small effort to share my case so that others may get some help from it.

(Boiler also requested to add some details).

He was issued the permit because he applied and paid the fee, no judgement would have been made.

[London2SFrancisco 5]

He has been doing that to keep his green card active while he is outside of US. However, next year he wishes to move to US permanently once he retires next year from his job. Then he will stay the 3 years and apply for his citizenship. That is the plan for now.

[Boiler 43,451]

Green Card = Legal Permanent Resident

Interested in seeing how this works through, do let us know.

[newacct 688]

Question: Now that his wife (my mother-in-law) is a US citizen, will my father-in-law be considered as the husband of the US citizen and can apply for naturalization once he has stayed "3" years in the US instead of 5 years?

Note that his wife needs to have been a US citizen for 3 years in order for him to qualify for naturalization under the 3-year rule.

If so, will he need to apply for any special permission to get his green card application to the spouse of US citizen track from spouse of green card holder status?

He has a green card. There is no "green card application".

Also, for a year to be counted in the US, i know he needs to stay at least 6 months.

Counted for what? There is no such requirement.

For naturalization, there are two requirements:

• Continuous Residence: He needs to have had "continuous residence" for the last 3 years (or 5 years). Generallly a trip abroad of more than 6 months breaks "continuous residence", so that means no single trip of 6 months or more. For trips of between 6 months and 1 year it may be possible to argue it didn't break "continuous residence", but it's best not to need to do that. There is some question as to whether two trips abroad with a very brief stay in the US in between counts as one trip or two trips.
• Physical Presence: He needs to have been physically present in the US for half of those 3 years (or 5 years).

[inloveVEN 46]

Hi All,

This inquiry is for my father-in-law. My mother-in-law came to the US via Diversity visa program. Now she and her rest of the family are US citizens except my father-in-law. He has been taking permissions and extending green card for the last 10 years.

Question: Now that his wife (my mother-in-law) is a US citizen, will my father-in-law be considered as the husband of the US citizen and can apply for naturalization once he has stayed "3" years in the US instead of 5 years?

If so, will he need to apply for any special permission to get his green card application to the spouse of US citizen track from spouse of green card holder status?

Also, for a year to be counted in the US, i know he needs to stay at least 6 months. Can he stay 2 months, 2 months, 1 month and 1 month in 5 separate occasions within the year and get the year counted?

Thanks,

Appreciate all your help.

P.S. I hope this is the right section to put this, moderators please redirect the post if it belongs somewhere else.

If he apply based on her wife ( IR1) he will receive a green card and then Yes, he will wait 3 year for naturalization. Other path needs to wait for 5 years. Applying for inmediate relative visa is available inmediatly.

Edited October 27, 2015 by inloveVEN