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lei1111

Question on HOW LONG a green card holder can be out of host country

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My husband, the resident green card holder needs to go back to the UK for awhile. He misses his family terribly. Hw long can he stay away? Is this allowed? We don't want to jeopardize his status here.

We are very happily married since May 2012. 2 weeks visits a year just aren't enough. He has an aging mother and growing children. 


lei

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7 minutes ago, lei1111 said:

My husband, the resident green card holder needs to go back to the UK for awhile. He misses his family terribly. Hw long can he stay away? Is this allowed? We don't want to jeopardize his status here.

We are very happily married since May 2012. 2 weeks visits a year just aren't enough. He has an aging mother and growing children. 

How long do you want it to be?


YMMV

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There is no hard limit time-wise, but there is a presumption of abandoning status if you leave for more than a year.

A re-entry permit can allow for up to 2 years abroad at a time.

Avoid taking actions that might cause one to wonder if they abandoned residency (i.e. claiming residency elsewhere), and file US taxes as required still.

 

Time abroad can break physical presence and/or continuous residency for naturalization purposes.

If he becomes a US citizen first, then there is no limit at all - stay abroad as long as you want.


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10/4/17: NOA1 electronic notification received

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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

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12/1/17: sent

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NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

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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!!!

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8/15/2017: POE

 

 

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Posted (edited)

https://www.alllaw.com/articles/nolo/us-immigration/abandonment-residence-green-card-holders.html

 

"being away from the U.S. for longer than six months will raise suspicion and questions, and being away for more than a year guarantees that you will have to attend an Immigration Court hearing before you can reclaim your U.S. residency and green card."

 

But a re-entry permit allows up to 2 years.

Edited by missileman

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  • I-130 Approved :9/8/2016
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5 minutes ago, lei1111 said:

My husband, the resident green card holder needs to go back to the UK for awhile. He misses his family terribly. Hw long can he stay away? Is this allowed? We don't want to jeopardize his status here.

We are very happily married since May 2012. 2 weeks visits a year just aren't enough. He has an aging mother and growing children. 

Generally:

 

1. 0-6 months: No problem

2. 6-12 months: CBP might/might not start asking questions upon re-entry. If questioned, the LPR needs to be ready to present evidence that he/she did not abandon his/her permanent residency, such as: maintainance of domicile in the US, filing of US taxes, a job, ... 

3. 12 months - 2 years: allowed only with advanced permission from USCIS by filing a re-entry permit. 

4. Over 2 years: Not allowed. 

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So then, if he goes for say 5 months then returns to our US home this should be ok? Generally speaking. We are by no means wealthy so he would have to work the 5 months he was in the UK then come home and again find employment. We would of course file taxes and maintain our home together. 

We don't need to seek permission for less than 6 months. Correct?

Would 5 months per year, annually be an acceptable situation? Generally speaking of course. 


lei

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Posted (edited)
1 minute ago, lei1111 said:

So then, if he goes for say 5 months then returns to our US home this should be ok? Generally speaking. We are by no means wealthy so he would have to work the 5 months he was in the UK then come home and again find employment. We would of course file taxes and maintain our home together. 

We don't need to seek permission for less than 6 months. Correct?

Would 5 months per year, annually be an acceptable situation? Generally speaking of course. 

5 months should not be an issue...no permission needed....safe travels!!!!

Edited by missileman

                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
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  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
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  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
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11 minutes ago, lei1111 said:

Would 5 months per year, annually be an acceptable situation? Generally speaking of course. 

It's probably fine. He needs to file taxes for the income that he makes while outside of the US as well. Generally speaking, you want to spend time inside the US more than outside, since it is your "permanent residence"

 

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2 minutes ago, USS_Voyager said:

It's probably fine. He needs to file taxes for the income that he makes while outside of the US as well. Generally speaking, you want to spend time inside the US more than outside, since it is your "permanent residence"

 

Thank you! I am not even sure how we will do that but we will learn! 


lei

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Posted (edited)
31 minutes ago, lei1111 said:

So then, if he goes for say 5 months then returns to our US home this should be ok? Generally speaking. We are by no means wealthy so he would have to work the 5 months he was in the UK then come home and again find employment. We would of course file taxes and maintain our home together. 

We don't need to seek permission for less than 6 months. Correct?

Would 5 months per year, annually be an acceptable situation? Generally speaking of course. 

You do not need an Advanced Parole unless the absence will be over 12 months.  As @USS_Voyagermentioned, between 6-12 months there may be additional scrutiny by CBP, but I think this would only happen if it became a regular occurrence (i.e. leave the US for 8 months, come back for 2 and then be gone for another 8 months, etc.).

 

Good Luck!

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1 hour ago, Bill & Katya said:

You do not need an Advanced Parole unless the absence will be over 12 months.  As @USS_Voyagermentioned, between 6-12 months there may be additional scrutiny by CBP, but I think this would only happen if it became a regular occurrence (i.e. leave the US for 8 months, come back for 2 and then be gone for another 8 months, etc.).

 

Good Luck!

** Re-entry permit, not AP

 

OP, please note your husband should act like a visitor when he's in the UK - no claims of residence for healthcare or work purposes.

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**Moved from General Immigration-Related Discussion to Working & Traveling During US Immigration; topic is travel**


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17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

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A little of topic but you have gotten all your answers but have you guys thought of applying for USC? He has been here long enough and can apply after the 5 year rule that way he can spend as much time out of the country he wants without any effect. 


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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

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Posted (edited)
9 hours ago, USS_Voyager said:

Generally:

 

1. 0-6 months: No problem

2. 6-12 months: CBP might/might not start asking questions upon re-entry. If questioned, the LPR needs to be ready to present evidence that he/she did not abandon his/her permanent residency, such as: maintainance of domicile in the US, filing of US taxes, a job, ... 

3. 12 months - 2 years: allowed only with advanced permission from USCIS by filing a re-entry permit. 

4. Over 2 years: Requires SB1 returning resident visa to re-enter, assuming green card holder left with a re-entry permit (and) is qualified for immigration benefits in every other way

Clarified something

Edited by Nitas_man

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3 hours ago, Georgia16 said:

A little of topic but you have gotten all your answers but have you guys thought of applying for USC? He has been here long enough and can apply after the 5 year rule that way he can spend as much time out of the country he wants without any effect. 

I agree with @Georgia16


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