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theskeets

How Long Can a Conditional Resident with pending I-751 Stay Outside the United States?

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I have a CR-1.

I submitted the I-751 for removal of conditional residence.

I received the I-797 which extends the validity for 6 months.

How long can i travel outside the US with the I-751 pending?

Also, if I stay out of the US for 11 months, can I come back for 1 week and go out of the US again?

 


American girl and Swiss/Italian boy who met in San Francisco in 2009, moved to Amsterdam in 2014 and married in Switzerland in 2015. Both living and filed for CR-1 from abroad. (L)

USCIS: California Service Center

07/04/2015: I-130 Sent

07/08/2015: NOA 1

07/30/2015: NOA 2

NVC

08/15/2015: NVC Scan

08/24/2015: NVC Case and IIN Received

08/24/2015: DS-261 Completed

08/24/2015: AOS Fee Received

08/26/2015: AOS Fee Marked as Paid

08/28/2015: IV Fee Received

08/31/2015: AOS Package Scanned

09/02/2015: IV Package Scanned

09/02/2015: IV Fee Marked as Paid

09/02/2015: DS-260 Completed

10/07/2015: NVC flagged for Supervisor Review

10/08/2015: Case Complete!!!

10/09/2015: Interview Date Scheduled

10/13/2015: P4 Interview Letter Received

Consulate

11/10/2015: Medical Appointment

11/17/2015: Interview

EKSwp2.png

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Why do you need a green card if you are going to be living overseas but making a one-week trip to the USA? Assuming you are VWP-eligible, you can just visit like anyone else. If you no longer live here, your residency has been abandoned. 


 

 

 

 

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Yes, as a green card holder I cannot live abroad and visit the US seldomly.

However, as a green card holder, I can travel abroad for up to 1 year and then come back, correct? Even if I worked a bit abroad to pay for the trip.

I've maintained US bank account, 401k, and lease in the US because I never intended to move abroad. And i'll file taxes as a resident.

 

As long as I move back to the US permanently before the 1 year mark, and I can show my intent to keep my residence in the US (bank account, 401k,...) I should be good right?

 

Thanks


American girl and Swiss/Italian boy who met in San Francisco in 2009, moved to Amsterdam in 2014 and married in Switzerland in 2015. Both living and filed for CR-1 from abroad. (L)

USCIS: California Service Center

07/04/2015: I-130 Sent

07/08/2015: NOA 1

07/30/2015: NOA 2

NVC

08/15/2015: NVC Scan

08/24/2015: NVC Case and IIN Received

08/24/2015: DS-261 Completed

08/24/2015: AOS Fee Received

08/26/2015: AOS Fee Marked as Paid

08/28/2015: IV Fee Received

08/31/2015: AOS Package Scanned

09/02/2015: IV Package Scanned

09/02/2015: IV Fee Marked as Paid

09/02/2015: DS-260 Completed

10/07/2015: NVC flagged for Supervisor Review

10/08/2015: Case Complete!!!

10/09/2015: Interview Date Scheduled

10/13/2015: P4 Interview Letter Received

Consulate

11/10/2015: Medical Appointment

11/17/2015: Interview

EKSwp2.png

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2 minutes ago, theskeets said:

Yes, as a green card holder I cannot live abroad and visit the US seldomly.

However, as a green card holder, I can travel abroad for up to 1 year and then come back, correct? Even if I worked a bit abroad to pay for the trip.

I've maintained US bank account, 401k, and lease in the US because I never intended to move abroad. And i'll file taxes as a resident.

 

As long as I move back to the US permanently before the 1 year mark, and I can show my intent to keep my residence in the US (bank account, 401k,...) I should be good right?

 

Thanks

Not how it works.  Will you be maintaining a home in the US?  Financial accounts do not equate to a home.  Anyone can have mail forwarded to a US address.  

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My name will stay on the lease, yes.

And my US bank accounts will stay open and active. 

I've read this on multiple sources, are they all wrong?

"You must show your objective intention to return to the U.S. For this reason it is important to keep and store documents to support your intent to have your residence in the U.S. Examples of such items are mortgages, club memberships, church membership records, utility and insurance bills, a vehicle, vehicle registration, filing taxes as a resident, maintaining a U.S. driver’s license, bank accounts, etc."


American girl and Swiss/Italian boy who met in San Francisco in 2009, moved to Amsterdam in 2014 and married in Switzerland in 2015. Both living and filed for CR-1 from abroad. (L)

USCIS: California Service Center

07/04/2015: I-130 Sent

07/08/2015: NOA 1

07/30/2015: NOA 2

NVC

08/15/2015: NVC Scan

08/24/2015: NVC Case and IIN Received

08/24/2015: DS-261 Completed

08/24/2015: AOS Fee Received

08/26/2015: AOS Fee Marked as Paid

08/28/2015: IV Fee Received

08/31/2015: AOS Package Scanned

09/02/2015: IV Package Scanned

09/02/2015: IV Fee Marked as Paid

09/02/2015: DS-260 Completed

10/07/2015: NVC flagged for Supervisor Review

10/08/2015: Case Complete!!!

10/09/2015: Interview Date Scheduled

10/13/2015: P4 Interview Letter Received

Consulate

11/10/2015: Medical Appointment

11/17/2015: Interview

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Why did you only get a 6 months extension? That does not sound right.

 

You can leave for a year as it says in the extension letter if you have applied for a reentry permit before leaving the country.

 

 


K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       

 

ROC from K-1 + K-2:

12/08/18....ROC window opens

12/13/18....I-751 mailed to Lewisville, TX

12/14/18....Delivered at Lewisville, TX

12/20/18....Text with case number. TX service center

12/24/18....NOA1/Extension letter received

 

 

 

 

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But USCIS says:

What if I must leave the United States before I can file a
Form I-131 for a reentry permit?

You do not need a reentry permit if you will be outside the United
States for less than 1 year. If you have been outside the United
States for less than 1 year, you may use your Permanent Resident
Card (Form I-551) as your travel document. 


American girl and Swiss/Italian boy who met in San Francisco in 2009, moved to Amsterdam in 2014 and married in Switzerland in 2015. Both living and filed for CR-1 from abroad. (L)

USCIS: California Service Center

07/04/2015: I-130 Sent

07/08/2015: NOA 1

07/30/2015: NOA 2

NVC

08/15/2015: NVC Scan

08/24/2015: NVC Case and IIN Received

08/24/2015: DS-261 Completed

08/24/2015: AOS Fee Received

08/26/2015: AOS Fee Marked as Paid

08/28/2015: IV Fee Received

08/31/2015: AOS Package Scanned

09/02/2015: IV Package Scanned

09/02/2015: IV Fee Marked as Paid

09/02/2015: DS-260 Completed

10/07/2015: NVC flagged for Supervisor Review

10/08/2015: Case Complete!!!

10/09/2015: Interview Date Scheduled

10/13/2015: P4 Interview Letter Received

Consulate

11/10/2015: Medical Appointment

11/17/2015: Interview

EKSwp2.png

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6 minutes ago, theskeets said:

But USCIS says:

What if I must leave the United States before I can file a
Form I-131 for a reentry permit?

You do not need a reentry permit if you will be outside the United
States for less than 1 year. If you have been outside the United
States for less than 1 year, you may use your Permanent Resident
Card (Form I-551) as your travel document. 

With a Re-Entry Permit, only your time outside the US is not counted against you.  You must do everything else to maintain your legal permanent residency.  

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18 hours ago, theskeets said:

I have a CR-1.

You have a conditional green card. CR-1 is a visa.

18 hours ago, theskeets said:

I received the I-797 which extends the validity for 6 months.

18 months currently (12 months previously).

18 hours ago, theskeets said:

How long can i travel outside the US with the I-751 pending?

Also, if I stay out of the US for 11 months, can I come back for 1 week and go out of the US again?

As long as you want. The issue is being admitted back into the US.

CBP will determine if residency was abandoned. If so, they would parole you and refer you to an immigration judge to make a decision.

A quick stop in the US avoids a mandatory presumption of having abandoned residence, but doesn't not avoid the issue entirely.

Taking actions to establish residency abroad would be detrimental to your claim of maintaining permanent residency within the US. Working is one such action that can be considered.

By your own claim, you would be "moving back" to the US. A resident doesn't need to move back.

 

Keep in mind that even if it doesn't turn out to be an issue with abandonment of LPR status, it almost certainly would be considered a break in continuous residence for naturalization purposes, if you choose to pursue that option later.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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