Conditional green card holder accompanying spouse working abroad - nearly 10 months

[BrandonV 0]

Thanks in advance to any and all - we have run across so much conflicting information. I am a US citizen, married to foreign spouse, who was approved for her marriage-based CR1/green card in January 2019. Shortly after returning to the US that same month, I was sent abroad for work by my US-based employer, and my spouse came with me. We left the US soon after she was approved (the actual green card took 6 more months to process and arrive in the mail in the US).

 

I've been extended abroad until later this year. If she continues to stay with me, that will represent for her nearly 10 continuous months outside of the US since being approved for permanent residency in January, by the time we return to the US later this year. 

 

a) We're trying to confirm that she will be ok upon returning. We have documentation of my work assignment abroad from my employer (proving a temporary assignment and planned return to the US), many photos living together throughout the duration, permanent address in the US with bank/financial documentation. We filed taxes jointly for 2018, though as her permanent residency was approved in Jan 19, this was as a nonresident alien. I am employed by a US company and paid in the US.

b) We understand it's better for her to have the actual green card upon return, instead of her passport with validated visa and paperwork (we left the US while the GC was in the mail). I will have it delivered by a family member.

c) Understand that these 10 months may delay the clock for her naturalization requirement of continuous residency in the future as she tries to become a citizen, which is ok.

 

Brandon

[TBoneTX 43,057]

Thread is moved from General Immigration Discussion to the Working & Traveling forum, to be among similar threads.

[Dashinka 23,238]

The big challenge will be the airlines allowing her to board the plane without her physical GC.  You said a family member will deliver it, will that be to your current location, or at the POE?  You may want to looking into an application for travel document if she does not have her GC when attempting to check in for her flight back.  Here is some information.

 

Good Luck!

 

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-a-permanent-resident

[NikLR 13,220]

Did she adjust her status in the USA or was she given a CR1 visa?

[Dashinka 23,238]

11 hours ago, NikLR said:

Did she adjust her status in the USA or was she given a CR1 visa?

Sounds like it was a spousal visa and she did enter the US based on the OP.  That being said, the endorsed visa in her passport should function as the GC.

[NikLR 13,220]

2 hours ago, Bill & Katya said:

Sounds like it was a spousal visa and she did enter the US based on the OP.  That being said, the endorsed visa in her passport should function as the GC.

I agree which was why I was making sure to clarify with the OP first. 

[Dashinka 23,238]

16 minutes ago, NikLR said:

I agree which was why I was making sure to clarify with the OP first. 

Agreed.

 

To the OP, can you clarify if your wife has a spousal visa with a US entry stamp?  If so, then technically, she has a Green Card and should have no issues even with 10 months outside of the US.  If the airlines give you any hassle, point them to the CBP Carrier Guide Page 5 and also show them the note on the spousal visa that states this functions as a temporary I551 (GC) with proper endorsement (entry stamp).

 

Good Luck!

 

https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

[BrandonV 0]

Hi all,

My spouse has a spousal visa with the US entry stamp. Understand this technically functions as a GC for re-entering, and it sounds like in these responses we’re not as worried about the 10-month time limit outside of the US, or any risks for having only the passport/stamp instead of the actual card with the immigration officer.

Brandon

[NikLR 13,220]

1 hour ago, BrandonV said:

Hi all,

My spouse has a spousal visa with the US entry stamp. Understand this technically functions as a GC for re-entering, and it sounds like in these responses we’re not as worried about the 10-month time limit outside of the US, or any risks for having only the passport/stamp instead of the actual card with the immigration officer.

Brandon

 I wouldnt worry at all about the lack of physcial green card but i would worry about the 10 months out.  Does she have any ties to the usa at this point? They cant take away her green card but shes now pushed back her citizenship for at least 10 months (unfortunately roc takes about a year or so anyhow.)

[Nitas_man 3,100]

On 7/9/2019 at 11:32 PM, BrandonV said:

Thanks in advance to any and all - we have run across so much conflicting information. I am a US citizen, married to foreign spouse, who was approved for her marriage-based CR1/green card in January 2019. Shortly after returning to the US that same month, I was sent abroad for work by my US-based employer, and my spouse came with me. We left the US soon after she was approved (the actual green card took 6 more months to process and arrive in the mail in the US).

 

I've been extended abroad until later this year. If she continues to stay with me, that will represent for her nearly 10 continuous months outside of the US since being approved for permanent residency in January, by the time we return to the US later this year. 

 

a) We're trying to confirm that she will be ok upon returning. We have documentation of my work assignment abroad from my employer (proving a temporary assignment and planned return to the US), many photos living together throughout the duration, permanent address in the US with bank/financial documentation. We filed taxes jointly for 2018, though as her permanent residency was approved in Jan 19, this was as a nonresident alien. I am employed by a US company and paid in the US.

b) We understand it's better for her to have the actual green card upon return, instead of her passport with validated visa and paperwork (we left the US while the GC was in the mail). I will have it delivered by a family member.

c) Understand that these 10 months may delay the clock for her naturalization requirement of continuous residency in the future as she tries to become a citizen, which is ok.

 

Brandon

You’ll be OK.  We were 11 months out, exact same situation.  They’ll probably hassle the two of you at the counter so you need to go through immigration with her.  

One question they always ask:  are you working for a US employer.  Turns out that’s a valid reason to be out on an extended basis.  So good luck and safe travels.

We actually entered, stayed a month, left, and re-entered 5 months later.  IO never blinked on that second entry.  The 11-month absence was the one they asked a lot of questions about.

 

 

Edited July 12, 2019 by Nitas_man