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Ulrika

6 months away from the USA?

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Hi everyone! I need your help. 

 

I received my green card on the 1st of March 2018. I lived in America for 2,5 months. On the 19th of November I have been away from USA for 6 months.

If I go before the 19th to America and stay for a week and than go back to my country for a few months more will it get me in trouble when going back to the states next time?  I know they say they want you spend more time in America than outside. I want to apply for the re-entry permit, but that will take me at least 3 months to receive. 

 

My intentions are to permanently move to America. However I’m going through a custody battle of my daughter and I’m also taking care of my grandmother who has alzheimer. 

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Do you have a 10 yr green card or will you have to remove conditions on a 2 yr green card?

 

If it's the latter, then you're going to have difficulties showing you have a bona fide marriage with all the time you're spending outside of the US and presumably apart from your husband. This advice assumes that you received your green card through marriage.


Marriage: 2014-02-23
CR1 started : 2014-06-06
CR1 completed/POE : 2015-07-13
ROC started : 2017-04-14 - CSC

ROC interview/completed: 2018-08-16 - Albuquerque

N400 started: 2018-04-24

N400 interview: 2018-08-16 - Albuquerque

Oath ceremony: 2018-09-24 - Santa Fe

 

April 2017 I-751 Filers Spreadsheet

https://docs.google.com/spreadsheets/d/1t335PrkwxPk7sRryv02NH3vrWHy0vlkBxjmPy5VYJO8/edit#gid=0

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I have the 10 year greencard. And no my marriage was not fake. We have a child together and have been married for 3 years and are now getting divorced due to issues that I have no problem proving. 

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Without the need to remove conditions, I would guess that you're fine. Re-entry permits are ideal but I've seen stories in VJ of gc holders residing outside the country for much longer periods of time without re-entry permits, and being allowed back into the US.

 

By the way, from the USCIS site:

If I file Form I-131 to get a reentry permit while I am in  the United States, will USCIS deny the Form I-131 if I  leave the United States while the form is still pending?

We recommend that you file Form I-131 while you are in the United States. However, you do not have to be in the United States for  USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics (photo, fingerprints) have  been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a U.S. Embassy, consulate or a DHS office overseas, so you can pick it up from one of those  facilities.   

 

As long as you get your biometrics appt in, you can leave while your reentry permit is pending.

Edited by Russ&Caro

Marriage: 2014-02-23
CR1 started : 2014-06-06
CR1 completed/POE : 2015-07-13
ROC started : 2017-04-14 - CSC

ROC interview/completed: 2018-08-16 - Albuquerque

N400 started: 2018-04-24

N400 interview: 2018-08-16 - Albuquerque

Oath ceremony: 2018-09-24 - Santa Fe

 

April 2017 I-751 Filers Spreadsheet

https://docs.google.com/spreadsheets/d/1t335PrkwxPk7sRryv02NH3vrWHy0vlkBxjmPy5VYJO8/edit#gid=0

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The above is correct.  However, bear in mind that each US entry is a judgment call.  They don't care about your reasons to be away.  They care that you have not abandoned your residency.  Do you have a "residence" in the US?  Sometimes it's a simple as that.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Moved from IR-1/CR-1 Process & Procedures 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*

 

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