Green card requirement

[AnnaCa 63]

Hi there, 

we are still in our CR1 journey, waiting for approval at the NVC, which according to the timeframe should be in March/April. My interview will be at the embassy in Sweden and there’s about 4 months wait for that which puts my interview to around July/August. 

I am still in medical school, and in order to finish that up here i am required to do a 1 year residency which would start September 1st 2022. I know that with the green card I shouldn’t stay out of the US for more than 6months and a maximum of 1 year. During my residency i will have every 7th week off plus i would have 5 weeks of vacation time. Would traveling to the US every chance I get “get me in trouble” regarding the requirements of the stay? Waiting 6 months to activate the visa after it is issued will probably not be a preferable option since my husband has limited vacation time and i would want to go and see him before the 6months are up. My plan is obviously to move there, but i would like to be able to use my degree in the US as well since I have gone to school for 6 years for it. The whole process went quicker than expected and now we are trying to figure out all the logistics. 

Does anyone have any input on this? 

[Dashinka 23,261]

I know the timing may not work, but look into getting a re-entry permit.  This will allow you to be out of the US as a LPR up to 2 years.  Apart from that, I don't think you would have a big issue with being out for a year with relatively frequent visits while you finish up your residency.

 

Good Luck!

[Mike E 11,723]

Legally you need a re-entry permit.  
 

Any advice we give you that has you spending more than 50 percent of your time outside the USA puts your LPR status at risk.  And so we (or at least I) won’t advise you to do that. 
 

Some  LPRs who have pattern of spending 2-5  months per year outside the USA have also been admonished by CBP. 
 

Read https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case to understand what can happen if CBP concludes you’ve abandoned your status.  
 

Considering the hassle of this and I-751, perhaps you should consider filing a new DS-260 after your studies are complete. 

Edited January 20, 2022 by Mike E

[JeanneAdil 6,203]

yes,  if u get your visa this year,  enter the US , activate the green card process ahead of POE here to start USCIS processing that

and do as Dashinka suggests for the reentry permit so u can get thru your intership

[carmel34 3,531]

3 hours ago, AnnaCa said:

The whole process went quicker than expected and now we are trying to figure out all the logistics. 

Does anyone have any input on this? 

Another option would be to hold your case at the NVC stage once it gets there, as it will not proceed to the interview stage until you upload all the required documents and complete the visa application online via CEAC.  You can contact NVC periodically to keep your case active until 4 months before you complete your one-year residency.  At that point you would upload the files, do the visa application, and wait for your interview and receipt of the visa which would likely be around the time you are ready to move to the US permanently.  Three advantages of doing it this way: 1) you would not have to worry about a re-entry permit, 2) you could travel to the US for visits if you qualify for ESTA, and 3) by the time you enter the US with a spousal visa in 2023, you will have been married for more than 2 years and would receive a 10-year green card and not have to go through the hassle of removal of conditions.  Good luck!

[randy32 165]

17 minutes ago, carmel34 said:

Another option would be to hold your case at the NVC stage once it gets there, as it will not proceed to the interview stage until you upload all the required documents and complete the visa application online via CEAC.  You can contact NVC periodically to keep your case active until 4 months before you complete your one-year residency.  At that point you would upload the files, do the visa application, and wait for your interview and receipt of the visa which would likely be around the time you are ready to move to the US permanently.  Three advantages of doing it this way: 1) you would not have to worry about a re-entry permit, 2) you could travel to the US for visits if you qualify for ESTA, and 3) by the time you enter the US with a spousal visa in 2023, you will have been married for more than 2 years and would receive a 10-year green card and not have to go through the hassle of removal of conditions.  Good luck!

Personally I think this is the best option but from OP's timeline, documents have already been uploaded to NVC so reentry permit it will have to be.

[Chancy 6,233]

26 minutes ago, randy32 said:

Personally I think this is the best option but from OP's timeline, documents have already been uploaded to NVC so reentry permit it will have to be.

 

Even if the case gets DQ-ed at NVC, OP can delay the visa interview.  No need to rush the visa process until actually ready to immigrate.  OP must contact the consulate at least once a year to keep the case active.

 

[AnnaCa 63]

We have (unfortunately) uploaded everything, so we are waiting to be DQ’ed. My ESTA expires in October, and as long as it’s renewable, postponing the interview is probably the best idea, I didn’t know that was an opportunity 😊 

If I have the interview in a year I can still hold off travelling to the US for a few months and not activate it until I have 6 months left of residency. 
 

Thank you for all the good input!