Outside US for 11 months

[Happyfamily03 29]

Hi all,

 

First of all please dont judge as i needed some advise or anyone who went thru the same thing. 

 

I got my 10 yr Green Card and Date of Entry to US Feb 2019 (it is on my GC too). We were in US for 2 weeks

 

Then We entered US again Sep 2019 for 2 weeks.

 

I know that we are supoosed to move permanently once i get my GC but we have our reasons.  we are definitely moving to US in Aug 2020. I just found out that i am pregnant and we are also aware that we have to go in to US every 6months. I couldnt file re entry as we are outside US. My Edd is end of may 2020 and i will out US 11 months before we moved permanently. 

 

Anyone here had the same or similar situation? Any advise or anything? Thank you so much

[Russ&Caro 1,548]

The 2 weeks in 6 months out cycle is not a thing recognized by USCIS. Not sure where you heard this is an acceptable thing to do but it does nothing to ensure your green card remains valid. Considering how long you've been out of the country and your future plans to continue to be out of the country, you should probably plan on surrendering your green card and starting the process over once you're ready to move permanently.

[Lil bear 3,831]

Expect to probably .. but not necessarily ... be questioned about why you were outside the US for the  length  of time .. and for multiple blocks of 6 months .. expect to be cautioned about this .. plan to be able to explain simply your plans to live in the US after this return .., suggest you have documentation showing ties to residency , jobs etc ..  the CBP takes into account not just length of time out but frequency and evidence of US residency ties as well. The CBP Officer cannot revoke your LPR status or take your GC away., bit they can start the process to put you before an immigration judge if they assess you have failed to maintain residency   Technically you haven’t .. but they have wide discretion. Be prepared , polite, succinct and gently confident.  Answer precisely and honestly ... don’t offer more information than requested. 

[Cathi 5,610]

You must spend more time in the US than out. They do not care about your reasons, they care about the law. Entering for a few days every 6 months will not work and whoever told you it would work, is wrong.

[Happyfamily03 29]

6 hours ago, Lil bear said:

Expect to probably .. but not necessarily ... be questioned about why you were outside the US for the  length  of time .. and for multiple blocks of 6 months .. expect to be cautioned about this .. plan to be able to explain simply your plans to live in the US after this return .., suggest you have documentation showing ties to residency , jobs etc ..  the CBP takes into account not just length of time out but frequency and evidence of US residency ties as well. The CBP Officer cannot revoke your LPR status or take your GC away., bit they can start the process to put you before an immigration judge if they assess you have failed to maintain residency   Technically you haven’t .. but they have wide discretion. Be prepared , polite, succinct and gently confident.  Answer precisely and honestly ... don’t offer more information than requested. 

Thank you for this. Tbh when we went in Sep 2019 we were very honest to the IO. We told him that my husband is working outside US and kids are still in school. We also mentioned that we will be moving for good Aug 2020. The IO didnt have much question but of course we have no idea if or what notes did he put or if he ever did when i came in. 

[SusieQQQ 11,584]

You’ll almost certainly be questioned again.  It’s the kind of time out that might be ok at first when people are settling things up to move ...but you’ve done that already with your first lengthy absence and now want to do it again for even longer. I don’t think you’ll find many people that have spent that long a time - basically you are planning to have spent almost all of the first 18 months outside the US - without a re-entry permit.

 

I’d say you had better be prepared to show some good evidence of maintaining ties to the US, at the very least filing taxes. Telling CBP your husband was working in your home country is evidence against ties to the US. I’m not sure touching down every 6 months will help, it will of course give CBP more opportunity to question you, and if at any stage you get a notation in your passport of something like “residency requirements advised” or similar you need to take that seriously as a warning.

 

Separately, as a parent, I don’t get the kids in school argument. Public school in the US is totally free and it is better for the children to get them into the US education system sooner rather than later if you’re planning to move permanently. 

 

As for the 6 months and what someone said “technically” you haven’t broken residency, that is not some kind of rule that you can rely on at all. To remind you of what uscis officially says on this:

 

Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

 

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

 

 

Edited October 5, 2019 by SusieQQQ

[Happyfamily03 29]

1 hour ago, SusieQQQ said:

You’ll almost certainly be questioned again.  It’s the kind of time out that might be ok at first when people are settling things up to move ...but you’ve done that already with your first lengthy absence and now want to do it again for even longer. I don’t think you’ll find many people that have spent that long a time - basically you are planning to have spent almost all of the first 18 months outside the US - without a re-entry permit.

 

I’d say you had better be prepared to show some good evidence of maintaining ties to the US, at the very least filing taxes. Telling CBP your husband was working in your home country is evidence against ties to the US. I’m not sure touching down every 6 months will help, it will of course give CBP more opportunity to question you, and if at any stage you get a notation in your passport of something like “residency requirements advised” or similar you need to take that seriously as a warning.

 

Separately, as a parent, I don’t get the kids in school argument. Public school in the US is totally free and it is better for the children to get them into the US education system sooner rather than later if you’re planning to move permanently. 

 

As for the 6 months and what someone said “technically” you haven’t broken residency, that is not some kind of rule that you can rely on at all. To remind you of what uscis officially says on this:

 

Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

 

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

 

 

Thank you for your input and advise. We misunderstood the 6months rule thing and took chances on that tbh. I am being honest here and all and i really appreciate your reply. 

 

Here is our plan and we do understand the consequences: 

 

Option 1. Go in, in Fev 2020 for 2 weeks again (following 6month rule according to some people)

 

Option 2. Move for good in Aug 2020 that would be 11 months apart from last Sep 2019. 

 

Option 3. Go in Feb and apply for re entry permit.

 

Any thoughts? Thank you