6 months away from the USA?

[Ulrika 0]

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. 

[Russ&Caro 1,548]

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.

[Ulrika 0]

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. 

[Russ&Caro 1,548]

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 October 12, 2018 by Russ&Caro

[pushbrk 12,114]

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.

[Ryan H 3,790]

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

[CEE53147 559]

Where is your child?  You realize that there are more than immigration issues with your arrangement.  You need to be discussing your situation with your divorce attorney.

[James D 39]

On 10/12/2018 at 9:03 PM, pushbrk said:

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.

Totally agree. My wife had a green card for 25 years and we lived overseas most of that time, making regular trips back to the the USA  and always having the intention of returning to live there. Kept a storage space all this time. The decision of letting her in was always up to the CBP agent at POE. She received warnings of spending too much time out of the country more than once, but was always allowed back in. It helps to be as polite and respectable as possible with the CBP.