Staying outside the US for more than 6 months out of the year with a green card?

[Sarah&Facundo 576]

One of my best friends in my husband's country has a green card and has held it for almost 10 years. She lived in Florida for 5 years, and then moved back to Argentina. She only comes to the US twice a year for a month each, usually once in the summer and once in December around the holidays. But she attends college full time in Argentina the rest of the year. She legally works seasonal jobs during those times she visits to help fund her studies in her come country. It seems it is possible. I don't know if there are any extra details or paperwork she has filed, but she never mentioned having any issues when arriving in Miami. I would look further into it.

[Crazy Cat 39,226]

Just now, Sarah&Facundo said:

One of my best friends in my husband's country has a green card and has held it for almost 10 years. She lived in Florida for 5 years, and then moved back to Argentina. She only comes to the US twice a year for a month each, usually once in the summer and once in December around the holidays. But she attends college full time in Argentina the rest of the year. She legally works seasonal jobs during those times she visits to help fund her studies in her come country. It seems it is possible. I don't know if there are any extra details or paperwork she has filed, but she never mentioned having any issues when arriving in Miami. I would look further into it.

Sounds like she is possibly abusing her Green Card. A Green Card holder MUST have his/her primary RESIDENCE in the US.  A Green Card is not for visiting.  It is for living in the US.

[geowrian 22,335]

6 minutes ago, Sarah&Facundo said:

But she attends college full time in Argentina the rest of the year.

This is an important factor as well - students are generally considered to maintain residence even when studying abroad.

But eventually she will likely hit a problem with CBP if this pattern continues.

[USS_Voyager 1,971]

6 minutes ago, Sarah&Facundo said:

One of my best friends in my husband's country has a green card and has held it for almost 10 years. She lived in Florida for 5 years, and then moved back to Argentina. She only comes to the US twice a year for a month each, usually once in the summer and once in December around the holidays. But she attends college full time in Argentina the rest of the year. She legally works seasonal jobs during those times she visits to help fund her studies in her come country. It seems it is possible. I don't know if there are any extra details or paperwork she has filed, but she never mentioned having any issues when arriving in Miami. I would look further into it.

It works for 2-3 times maybe. At some point, CBP will stop her and demand she provides proof of residence in the US, and how many days does she live in the US per year and stuff like that, and they can deny entry, if they deem that she "abandoned" her permanent residence status. It is no joking matter. It will happen, soon or later. See the link I posted about "Abandonment of Permanent Residence"

[USS_Voyager 1,971]

I want to throw this out there as well, to see what everyone thinks, since OP's wife is eligible for naturalization, but her home country does not allow dual citizenship. There is a common ploy that dual citizens play, when one or both the countries they're citizens of specially do not allow dual citizenship. They typically book the flight to a neutral third country, where they don't need a visa to get into. They then exit immigration to get the entry stamp and re-entered the secured area to get the exit stamp, and then travel to their destination country. That way, it "appears" that they come from the third country, and not from the other country that they are also citizen of.

 

Not condoning or anything, just try to see if anyone has done that?

[Crazy Cat 39,226]

4 minutes ago, USS_Voyager said:

I want to throw this out there as well, to see what everyone thinks, since OP's wife is eligible for naturalization, but her home country does not allow dual citizenship. There is a common ploy that dual citizens play, when one or both the countries they're citizens of specially do not allow dual citizenship. They typically book the flight to a neutral third country, where they don't need a visa to get into. They then exit immigration to get the entry stamp and re-entered the secured area to get the exit stamp, and then travel to their destination country. That way, it "appears" that they come from the third country, and not from the other country that they are also citizen of.

 

Not condoning or anything, just try to see if anyone has done that?

Can't a person leave and enter the US via a US passport, but enter/exit his/her home country using that country's passport?

[walran 24]

2 hours ago, arken said:

B visas issued by US embassy In Nepal are generally valid for 5 years.

Thank you that is very useful! 

[Sarah&Facundo 576]

24 minutes ago, USS_Voyager said:

It works for 2-3 times maybe. At some point, CBP will stop her and demand she provides proof of residence in the US, and how many days does she live in the US per year and stuff like that, and they can deny entry, if they deem that she "abandoned" her permanent residence status. It is no joking matter. It will happen, soon or later. See the link I posted about "Abandonment of Permanent Residence"

This has been a LOT more than 2-3 times. Probably closer to 20+ times because this has been going on for over 7 years and she is doing it again next month because her mother is having surgery. Again, maybe there is a detail I am missing somewhere or maybe she has just been lucky. 

[walran 24]

12 minutes ago, missileman said:

Can't a person leave and enter the US via a US passport, but enter/exit his/her home country using that country's passport?

Sometimes they look for an exit visa from the other country first before giving you an entry visa.. I don't know why but have seen this before.

[USS_Voyager 1,971]

6 minutes ago, missileman said:

Can't a person leave and enter the US via a US passport, but enter/exit his/her home country using that country's passport?

Yes, I actually do that all the time. Problem is, some countries are more "rigid" than others, as far as checking the passports particularly at exit immigration. The problem arises when the person departs from a country that specifically bans dual-citizenship, say Nepal in this case. So they would expect to see a US visa in her Nepali passport, which of course, she does not have because she has a US passport, which is problematic, because as soon as Nepali immigration sees her US passport, they will raise all kind of hell and probably denounce her Nepali citizenship right there. To avoid that, as I mentioned, someone has to choose to make a transfer at a third neutral country, say China, so it "appears" to Nepal that she is going to China, and not the US. 

PS: I just use Nepal and China as example. I have no idea how Nepali or Chinese immigration procedure is or anything like that. 

[USS_Voyager 1,971]

9 minutes ago, Sarah&Facundo said:

This has been a LOT more than 2-3 times. Probably closer to 20+ times because this has been going on for over 7 years and she is doing it again next month because her mother is having surgery. Again, maybe there is a detail I am missing somewhere or maybe she has just been lucky. 

She's playing with fire....

 

I am quite sure there is nothing that allows a LPR to live permanently in a different country and only enters the US once or twice a year, 1 month at a time. If that is the case, there are already hundreds of thousands, if not millions LPRs doing that. 

Edited March 11, 2019 by USS_Voyager

[arken 4,197]

30 minutes ago, missileman said:

Can't a person leave and enter the US via a US passport, but enter/exit his/her home country using that country's passport?

Not in Nepal. I do that in Nepal and I’ll be arrested at the immigration while exiting the country. Visa fees will be much cheaper than the fines and probably few days in a cell.

[geowrian 22,335]

26 minutes ago, USS_Voyager said:

Yes, I actually do that all the time. Problem is, some countries are more "rigid" than others, as far as checking the passports particularly at exit immigration. The problem arises when the person departs from a country that specifically bans dual-citizenship, say Nepal in this case. So they would expect to see a US visa in her Nepali passport, which of course, she does not have because she has a US passport, which is problematic, because as soon as Nepali immigration sees her US passport, they will raise all kind of hell and probably denounce her Nepali citizenship right there. To avoid that, as I mentioned, someone has to choose to make a transfer at a third neutral country, say China, so it "appears" to Nepal that she is going to China, and not the US. 

PS: I just use Nepal and China as example. I have no idea how Nepali or Chinese immigration procedure is or anything like that. 

Sure it can be done (and people actually do this). But they're not doing so in compliance with any of their country of origin's laws...they're just hoping they don't get caught.

[USS_Voyager 1,971]

22 minutes ago, arken said:

Not in Nepal. I do that in Nepal and I’ll be arrested at the immigration while exiting the country. Visa fees will be much cheaper than the fines and probably few days in a cell.

Exactly! That's what I was trying to get at. 

 

And some countries, they just don't care, like mine (Vietnam). All I need is just show up with a Vietnamese passport, and they don't even ask a question.  Not where you come from or where you going. 

[mushroomspore 3,043]

23 hours ago, walran said:

My wife has a green card and we have been together married for 3 years in the US. We just filed for the renewal that would give it ten years.

 

That said we intend to move to Nepal in 2021 permanently but with yearly visits to the US to see family, friends, check on our business and fund raise  for our charity. My wife will not seek US citizenship for a variety of reasons

1- Nepal will not recognize dual citizenship and we could no longer live there together.

2- Taxes ( there are advantages to having businesses owned by a non-US citizen that has no FATCA obligations.

3- She and her sisters own considerable amount of property together in Kathmandu and her portion would be in jeopardy along with other business interests.

 

We plan on visiting the US every year to see my children an parents/family.

 

My question is what is the best way to accomplish that? I was under the impression that a green card holder could only spend six months outside of the US before losing it?

 

Yet another site says you can spend up to just under a year..

 

My cousin says just give it up and apply for visitor's visa (10 year) like he did.  I don't like that one much as we worked hard for this one..

 

If we come back for 30-60 days a year (spending 10-11 months abroad) as we intend how is the best way to do that?

 

I keep praying for Nepal to recognize dual citizens...

 

Open to any options.. Thanks in advance!

 

 

CBP knows when people are doing "touch-down" visits into the US in attempts to meet the bare minimum residency standards. They do not appreciate such behavior. Best to relinquish the GC completely right when you're about to move and then hope for the best with a B visa application.