IR1 out of country, coming back but??

[provec 3]

Hi,

My wife is in her home country of Colombia and has been for two months having medical evaluation for an upcoming hip replacement.

The surgery will be done there in late January, her recuperating period will be somewhat lengthy so we are thinking of having her come back before the surgery.

How long would she have to be back in the States before returning to Colombia for the surgery and resetting the six month time limit, or is there even a minimum time?

Once the operation happens she will be unable to fly for quite a while.

She has an IR1 and has been in the US since 2015.

Tx!

[USS_Voyager 1,971]

18 minutes ago, provec said:

How long would she have to be back in the States before returning to Colombia for the surgery and resetting the six month time limit, or is there even a minimum time?

There is no such thing as "resetting". That's not how it works. I assume she has a 10 years green card already. She is supposed to maintain ties with the US such as filing tax returns, maintain a residence, ..... The maximum she can be out is one year. If you think she is going to be out for more than 1 year, it's better to apply for a re-entry permit. Medical treatment certainly will qualify as a valid reason for a re-entry permit. 

 

https://www.uscis.gov/i-131

 

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

[Just Paul 4,591]

26 minutes ago, provec said:

The surgery will be done there in late January, her recuperating period will be somewhat lengthy so we are thinking of having her come back before the surgery.

Go back to the US and file for the reentry permit if you think she may be out of the US for her current trip for over a year.

[SusieQQQ 11,584]

It’s one year before she is deemed to abandon the green card.

(6 months will break her presumed continuous residence for naturalization)

Does she need to claim residency in Colombia to gain the health benefits though?

[provec 3]

Thanks everyone,

I'm not worrying now after reading your answers.

She is a retired teacher from Colombia and has health benefits from there as well as the US, but prefers a Doctor down there.

 

Thanks again.

[khmer@nike 0]

Hi everyone,  my is in similar situation.  she just got her green card in November 2019.  she's out in cambodia for to take care of her sic mother.  she should be back in 4 months, do you think it's ok to stay that long ?  Thanks in advance

[Just Paul 4,591]

57 minutes ago, khmer@nike said:

Hi everyone,  my is in similar situation.  she just got her green card in November 2019.  she's out in cambodia for to take care of her sic mother.  she should be back in 4 months, do you think it's ok to stay that long ?  Thanks in advance

0 to 6 months - fine

6 or more months breaks continuous residency for naturalization but she will be let back in.

1 Year or more requires a re-entry permit.

[khmer@nike 0]

On 1/16/2020 at 10:07 PM, Paul & Mary said:

0 to 6 months - fine

6 or more months breaks continuous residency for naturalization but she will be let back in.

1 Year or more requires a re-entry permit.

Thanks.  just want to be safe.

do you know if 2020 has some changes toward the Green Card holder ?

[Just Paul 4,591]

3 hours ago, khmer@nike said:

do you know if 2020 has some changes toward the Green Card holder ?

I'm psychotic, not psychic according to certain people. . .

 

Nothing has been made public.

[khmer@nike 0]

On 1/19/2020 at 3:57 PM, Paul & Mary said:

I'm psychotic, not psychic according to certain people. . .

 

Nothing has been made public.

sweet. thanks