Jump to content
B.E.E.

Unexpectedly outside of US for 7 months, not many ties due to divorce and being laid off

 Share

19 posts in this topic

Recommended Posts

Filed: Timeline

Background:

Got my greencard through marriage in 2012. However, my husband and I divorced in the fall. I was then laid off in December. I had some money saved up so I decided to go back to the Philippines to get some plastic surgery, renew my passport(this takes 2-3 months), visit family and go backpacking. 

 

I left February 5th with the intention of being gone about 4 months. 

 

Problem:

The doctor I've planned on going to is booked till June. And then after the surgery, I would need to stay for 1-2 months for follow-up appointments. So if I stay with this doctor(and I want to because he is the best and this isn't something you want to go cheap on), I wouldn't be back till July or August, resulting in me being out of the US for 6-7 months. 

 

Additional Problems:

Due to my divorce and being laid off, I currently don't have that many ties to the US. What I do have is:

 

  • multiple US bank and credit card accounts
  • filed individual tax return for 2017
  • have a car and car loan in the US
  • The vast majority of my personal property(clothes, shoes, kitchenware, furniture etc) is still in the US. This is about 15 moving boxes worth of stuff.

 

How serious would it be if I ended up staying in the Philippines 1-2 months past the 6-month mark? As long as I have some proof of those ties will I be ok?

 

My ex-husband and I are still good friends and when I got back, I was going to live with him till I found a new job. He plans on getting a new apartment in a few months, before I get back. Would it help if he put my name on the lease?

Link to comment
Share on other sites

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

you have been here over even the 5 year limit

why don't you use some of that money and apply for naturalzation? 

tell the VJ community if the green card is for 10 years and when did you actaully get it (expiration date)

Link to comment
Share on other sites

9 minutes ago, B.E.E. said:

It's unconditional. It is valid for 10 years. 

And you are not in the US right now? You have to go back before its been 6 months. 

If you are inside the US you can apply for something (Sorry, can't remember the name of it) that lets you leave the US for up to one year, but that has to be approved before you leave the US. 

Link to comment
Share on other sites

4 minutes ago, Londonergirl said:

And you are not in the US right now? You have to go back before its been 6 months. 

If you are inside the US you can apply for something (Sorry, can't remember the name of it) that lets you leave the US for up to one year, but that has to be approved before you leave the US. 

It is possible to be out of the US for longer than six months, without getting a reentry permit.  Now, you should not take residency elsewhere, so you have to travel/visit.  
https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Link to comment
Share on other sites

Just now, Lemonslice said:

It is possible to be out of the US for longer than six months, without getting a reentry permit.  Now, you should not take residency elsewhere, so you have to travel/visit.  
https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

It is ??? I have always been told that you can not leave longer than 6 months without a reentry permit. I have even heard of people who had their GC taken away from them because they left for more than 6 months. Thanks for the info. 

Link to comment
Share on other sites

Filed: Other Country: Saudi Arabia
Timeline

We were out one time for 11 months. 

 

As long as you have maintained a bank account and a US address you should be OK.  Website says up to a year.

Edited by Nitas_man
Link to comment
Share on other sites

6 hours ago, Londonergirl said:

You can not be out of the US more than 6 months. 

Wrong.  

 

4 hours ago, Londonergirl said:

It is ??? I have always been told that you can not leave longer than 6 months without a reentry permit. I have even heard of people who had their GC taken away from them because they left for more than 6 months. Thanks for the info. 

Please read official guidelines, it certainly isn’t anyone from uscis who told you that...

people love spreading scare stories.

 

yes you “can” get your green card taken away if you’re out longer than 6 months. That usually happens when you’re doing it repeatedly and are not actually living in the US. It certainly won’t happen if it happens once, or even twice if it’s with a large gap in between. I had 3 immediate family members out for 11 months. An eyebrow was raised, an explanation given, and no problem.

 

here's an official link, you can find others, they all say the same thing. 12 months is the limit, not 6. Reentry permit for over 1 year, up to 2.

 

Page 17 of https://www.uscis.gov/sites/default/files/files/nativedocuments/M-618.pdf

 

and introduction of B5en.pdf

 

6 months+ does affect when you can apply for naturalization however. Maybe you were thinking of that.

Edited by SusieQQQ
Link to comment
Share on other sites

47 minutes ago, SusieQQQ said:

Wrong.  

 

Please read official guidelines, it certainly isn’t anyone from uscis who told you that...

people love spreading scare stories.

 

yes you “can” get your green card taken away if you’re out longer than 6 months. That usually happens when you’re doing it repeatedly and are not actually living in the US. It certainly won’t happen if it happens once, or even twice if it’s with a large gap in between. I had 3 immediate family members out for 11 months. An eyebrow was raised, an explanation given, and no problem.

 

here's an official link, you can find others, they all say the same thing. 12 months is the limit, not 6. Reentry permit for over 1 year, up to 2.

 

Page 17 of https://www.uscis.gov/sites/default/files/files/nativedocuments/M-618.pdf

 

and introduction of B5en.pdf

 

6 months+ does affect when you can apply for naturalization however. Maybe you were thinking of that.

It was several people who had a GC who told me this. Anyway, I said I was wrong. Thank you for repeating it : ) 

Link to comment
Share on other sites

11 hours ago, Londonergirl said:

It was several people who had a GC who told me this. Anyway, I said I was wrong. Thank you for repeating it : ) 

Yup, the scariest words on this forum are “somebody told me”.... there is always official info to refer to.

Link to comment
Share on other sites

4 hours ago, SusieQQQ said:

Yup, the scariest words on this forum are “somebody told me”.... there is always official info to refer to.

But I have read about it as well.... Something like... If you leave and come back before 6 months you are fine. But if you leave and return after 6 months but before a year, you have to prove that you are still living in USA? As you then will have spent more time outside USA in one year. If you come back before 6 months you don't have to prove anything? 

Link to comment
Share on other sites

3 hours ago, Londonergirl said:

But I have read about it as well.... Something like... If you leave and come back before 6 months you are fine. But if you leave and return after 6 months but before a year, you have to prove that you are still living in USA? As you then will have spent more time outside USA in one year. If you come back before 6 months you don't have to prove anything? 

 I read lots of things on the internet too; I’m cautious about believing all of them. well, I gave you links to official stuff, if that’s not good enough to convince you, that’s your issue, but please don’t spread false information to people asking questions. If in doubt, go with the official information .

Edited by SusieQQQ
Link to comment
Share on other sites

3 hours ago, SusieQQQ said:

 I read lots of things on the internet too; I’m cautious about believing all of them. well, I gave you links to official stuff, if that’s not good enough to convince you, that’s your issue, but please don’t spread false information to people asking questions. If in doubt, go with the official information .

1

haha, oh my god... Calm down! :) 

Link to comment
Share on other sites

1 hour ago, Londonergirl said:

haha, oh my god... Calm down! :) 

Glad it’s amusing to you. Most of us take the immigration process seriously and know that bad advice can have very serious consequences. Pity you don’t seem to care about that, considering the purpose of this forum is to actually help people. Hopefully you never know what it’s like to get screwed over because you believed what someone told you.

Link to comment
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
- 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...