Jump to content
Sign in to follow this  
Catia&Sal

BE A RESIDENT IN THE UNITED STATES

19 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Italy
Timeline

I have a question, if anyone has experience:
I got the Green Card (for 10 years) now I have a provisional visa in my passport, and I have to move to the US by next February, I'm  planning to go in December.

To keep the Green Card, is it true that I physically have to be in the United States for at least 183 days each year, and I risk losing it if I stay fewer days?

How does it work, do they check how many days you are present?

 

Thank you in advance

Share this post


Link to post
Share on other sites
Filed: Country: Vietnam (no flag)
Timeline

A green card holder is required to make the US their primary home.

 

Brief visits to the US annually while living abroad runs the risk of abandoning your green card.

 

There is no specific number of days that you have to be in the US.  

Google "maintaining legal permanent residency" and get the answer from the US Government.  

 

What is it that you want to accomplish?

 

Green card holders are required to report their worldwide income on their US tax return.  If you live and work abroad, you will have to report your income to the IRS.  This could potentially be used against you in determining whether you have abandoned your green card.  

 

 

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Russia
Timeline
47 minutes ago, Catia&Sal said:

I have a question, if anyone has experience:
I got the Green Card (for 10 years) now I have a provisional visa in my passport, and I have to move to the US by next February, I'm  planning to go in December.

To keep the Green Card, is it true that I physically have to be in the United States for at least 183 days each year, and I risk losing it if I stay fewer days?

How does it work, do they check how many days you are present?

 

Thank you in advance

if you dont make USA as primary residency, you risk losing the green card. yes they will check the number of days present. they know everything about you. the more your skirts the rules, the more the chances of losing the green card 


31-Jan-2020 : I-485 Filed

17-Feb-2020: I-765/I-131 Filed

24-May-2020: I-765/I-131 approved

31-May-2020: EAD/AP Combo Card received

05-Oct-2020: Biometrics Scheduled

20-Oct-2020: Biometrics Complete

30-Nov-2020: EAD/AP Renewal Filed

04-Dec-2020: AOS Case Was Transferred And A New Office Has Jurisdiction 😂😂 - Transfer from CSC to Nebraska Service Center  

13-Jan-2021: EAD/AP USCIS processed renewal

25-Jan-2021: EAD/AP renewal TExt message for case received

30-Jan-2021: EAD/AP renewal Receipts received

15-Mar-2021: AOS Approved - Card Production Sent

20-Mar-2021: Card Received in Mailbox

 

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline
1 minute ago, James120383 said:

if you dont make USA as primary residency, you risk losing the green card. yes they will check the number of days present. they know everything about you. the more your skirts the rules, the more the chances of losing the green card 

Same result be they log the number of days gone


YMMV

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Haiti
Timeline

When you decided to immigrate to the USA you decided to make the USA your HOME, not a vacation destination. If you continually stay outside of the USA the immigration officer will pick up on it- they have a record of your travel in and out of the country- and you may eventually get sent to an immigration judge where you can lose your status. If you are not ready to immigrate to the USA yet unfortunately you should have held off on applying for a visa.  A greencard is for residency, not a glorified tourist visa, keep that in mind 🙂


Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Italy
Timeline
28 minutes ago, Luckycuds said:

When you decided to immigrate to the USA you decided to make the USA your HOME, not a vacation destination. If you continually stay outside of the USA the immigration officer will pick up on it- they have a record of your travel in and out of the country- and you may eventually get sent to an immigration judge where you can lose your status. If you are not ready to immigrate to the USA yet unfortunately you should have held off on applying for a visa.  A greencard is for residency, not a glorified tourist visa, keep that in mind 🙂

Thank you for the answer, I know it's nt a joke... sure!

my husband is a US citizen but we have lived in Italy for many years, he moved to the US in 2016. I always lived and worked in Italy, and I will retire in June 2022, so I will be free to move permanently; next year I'm  planning  to apply for a part time from my office, in order to spend some months in US; so far since 2017 I've done this, and I've been back and forth, but now travelling is more difficult  due to Covid;

Obviously 2021 will be my last year of work, and I have to make a decision about how long to stay there, asking  for 6 months part time  and send the request to my office. 

I wanted to be sure of what I was doing, what consequences if next year I couldn't stay six months in the United States. 

Share this post


Link to post
Share on other sites
Filed: Country: Vietnam (no flag)
Timeline
15 minutes ago, Catia&Sal said:

Thank you for the answer, I know it's nt a joke... sure!

my husband is a US citizen but we have lived in Italy for many years, he moved to the US in 2016. I always lived and worked in Italy, and I will retire in June 2022, so I will be free to move permanently; next year I'm  planning  to apply for a part time from my office, in order to spend some months in US; so far since 2017 I've done this, and I've been back and forth, but now travelling is more difficult  due to Covid;

Obviously 2021 will be my last year of work, and I have to make a decision about how long to stay there, asking  for 6 months part time  and send the request to my office. 

I wanted to be sure of what I was doing, what consequences if next year I couldn't stay six months in the United States. 

It's not only time in the US making it your primary home.  Time spent outside the US is considered in determining whether you've abandoned your green card.  Spending more than a year outside the US is problematic. 

 

Also, if you claim residency in Italy, it's problematic for you.  Claiming a foreign resident while having a green card is one way to lose your green card.  Please google "legal resident maintaining status."

Have you looked into getting a Reentry Permit which would allow you to be outside the US for up to 2 years without abandoning your green card?

Edited by aaron2020

Share this post


Link to post
Share on other sites
Filed: Country: Vietnam (no flag)
Timeline

Here is my advice.

 

Travel to the US in Feb 2021 to activate your green card status.


File the I-131 for a Reentry Permit.  Get your biometrics done in the US.  You can leave the US before your Reentry Permit is granted.  This will allow you to stay outside the US for up to 2 years without abandoning your green card status.

File your 2021 US tax return before April 15, 2022, and declare your Italian income.  You should probably get a qualified accountant for this and not a tax preparation service.

In June 2022, you can come back to the US to be with your husband full time without any problem with US immigration.

Best of luck.  

 

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline
1 hour ago, Luckycuds said:

When you decided to immigrate to the USA you decided to make the USA your HOME, not a vacation destination. If you continually stay outside of the USA the immigration officer will pick up on it- they have a record of your travel in and out of the country- and you may eventually get sent to an immigration judge where you can lose your status. If you are not ready to immigrate to the USA yet unfortunately you should have held off on applying for a visa.  A greencard is for residency, not a glorified tourist visa, keep that in mind 🙂

Whoa.  A green card holder who is denied entry on judgment of a CBP officer, does not see an immigration judge before leaving.  They are treated like anybody else who is denied entry, and sent out on the next available flight without entering the US at all. That's what "denied entry" means.

 

Playing fast and loose with residency status bites lots of folks in the butt daily.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Haiti
Timeline
56 minutes ago, pushbrk said:

Whoa.  A green card holder who is denied entry on judgment of a CBP officer, does not see an immigration judge before leaving.  They are treated like anybody else who is denied entry, and sent out on the next available flight without entering the US at all. That's what "denied entry" means.

 

Playing fast and loose with residency status bites lots of folks in the butt daily.

I did not know that- I was under the impression you would be referred to one- so they are denied entry and sent to their native country? Is there an appeal or is your greencard taken away before you leave the country?


Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline
4 minutes ago, Luckycuds said:

I did not know that- I was under the impression you would be referred to one- so they are denied entry and sent to their native country? Is there an appeal or is your greencard taken away before you leave the country?

The green card is confiscated.  They are sent back to the country they departed from.  If that's their native country, ok.  If not, how they get from where they came to "home" is their problem.  What options are available after, besides starting a new immigration process, I don't know.  You have to be "IN" the USA to see an immigration judge.  Persons denied entry to the USA are not IN the USA.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Haiti
Timeline
1 minute ago, pushbrk said:

The green card is confiscated.  They are sent back to the country they departed from.  If that's their native country, ok.  If not, how they get from where they came to "home" is their problem.  What options are available after, besides starting a new immigration process, I don't know.  You have to be "IN" the USA to see an immigration judge.  Persons denied entry to the USA are not IN the USA.

Thank you for clarifying 


Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline

The OP needs to research whether they have already abandoned their residency and whether they wish to risk being denied entry and having to start over again when ready to actually immigrate to the USA.  It's not a simple determination in many cases.  It would be nice if it was as simple as spending more time in the USA than outside but it's not.  Advice to Google "Maintaining Permanent Resident Status USA" is spot on.  Then read the official USCIS page about it.  Lots of variables and judgment calls but if a person leaves for more than a year without a re-entry permit, they should definitely expect to be denied entry and have their green card confiscated.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
27 minutes ago, pushbrk said:

The OP needs to research whether they have already abandoned their residency

"I got the Green Card (for 10 years) now I have a provisional visa in my passport, and I have to move to the US by next February, I'm  planning to go in December."

 

OP stated in her original question that she recently received the IR-1 visa in her Italian passport (visa interview was in August according to her timeline) and has until Feb. 2021 to immigrate to the US.  So she has not yet activated the IR-1 so she is not an LPR yet, hence no residency to abandon, yet...  She's asking about the future and how many days she needs to live in the US after she becomes an LPR.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...