How long can my wife travel outside the U.S.?

[jagsfl 14]

Hi group! I have done some research on this subject, and I am getting conflicting answers, so I figured it was time to ask in here!

 

How long can my wife travel outside of the U.S. before having to come back to the states without jeopardizing her green card?

 

I see you must be in U.S. for more than 6 months each year. Then I also see you can be out of the U.S. for up to one year with no worry, and if you want to be put of the U.S. for more than 1 year you must fill out a form in order to do so.

 

I would love to have some clarity on this as here's our situation..

 

She moved to the U.S. March 2021, and didn't travel out until April 2022. This year in April we went to visit her family, and we are doing a bit of traveling. We don't really want to go back to the U.S. in September, so I'd like to see if we won't have any issues continuing to travel longer than the 6 month mark.

 

Thank you in advance!

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to Working & Traveling During US Immigration -- OP's wife already has GC, asking about travel out of the US ***

 

[Verrou 1,962]

I will say at least she have to stay in US for minimum 6 months ( 180 days ) per year 

[jagsfl 14]

Thanks. And yes I see that online. But i also see that you can stay longer too. There is no clear answer. 

 

Is it possible to stay longer without worring about abandoned the LPR status? Thanks!

[JeanneAdil 6,533]

https://help.cbp.gov/s/article/Article-820?language=en_US#:~:text=If%20you%20are%20a%20lawful,for%201%20year%20or%20mor

 

 

read  what US CBP says 

[Mike E 11,740]

2 hours ago, jagsfl said:

Thanks. And yes I see that online. But i also see that you can stay longer too. There is no clear answer.

A green card is for living in the USA. And living in the USA means at minimum spending at least 50 percent  of your days inside the USA than outside the USA, with no continuous absence from the USA in excess of 180 days (not 6 months as is too frequently stated by too many people, in using the US government).  
 

It is erroneous to think  that an LPR can be absent from the USA between 181 and 364 continuous days  and have no worry.  CBP disagrees with the rest of the USA government and its officers can enforce 180 days SS the maximum absence (or less depending on the pattern of travel). 
 

Your wife is planning to not live  in the USA and so is on a dangerous path.  
 

Are there LPRs who get away with what she is planning? Absolutely.  I’ve seen people absent for more than 10 years return without incident.  I’ve also seen people absent for 121-180 days get a warning, and people absent for 181-190 days get a notice to appear.  
 

Quote

 

Is it possible to stay longer without worring about abandoned the LPR status? Thanks!

An LPR can file I-131 before departing the USA.  This is strong evidence the LPR who isn’t living in the USA did not intend to abandoned status.  It isn’t a guarantee CBP won’t make a finding of abandoning status.  
 

She didn’t file I-131 before she left. Too late. 

 

Now is the time for her to come home to America.  She can file I-131 and resume her trip, but needs to come back for biometrics.  

Edited June 16, 2022 by Mike E

[jagsfl 14]

Thanks Mike! I'm not sure if in my post I made it seem like my wife is planning to not live in the U.S., but that's not the case. We do plan to live in the U.S., it is just that we love to travel and was thinking of going some places later this year.

 

My next question would be... Is the 180 days considered in the Jan 1st to Dec 31st calendar year? Or is it from the day we arrived and 365 days later, so for instance ours would be March 20, 2021 - March 20, 2022 - March 20, 2023 etc?

 

What is considered to be the calendar year makes a bit of difference on when we would be able to travel again after this 5 - 6 months stint we are on now. Thanks!

[jagsfl 14]

4 hours ago, JeanneAdil said:

https://help.cbp.gov/s/article/Article-820?language=en_US#:~:text=If you are a lawful,for 1 year or mor

 

 

read  what US CBP says 

And this is exactly what I mean. Even the CBP website mentions nothing about 180 days. They just say if you're planning to be gone for more than 1 year that she would need to get the I-131.

[Bob in Boston 732]

9 hours ago, jagsfl said:

How long can my wife travel outside of the U.S. before having to come back to the states without jeopardizing her green card?

Here is a pretty good link to review, Lots of opinions on this matter and no hard fast rules for that 180 to 365 gray area.

 Green Card Holders Staying Abroad Over 6 Months Risk Abandonment (lawandborder.com)

[Mike E 11,740]

7 hours ago, jagsfl said:

Thanks Mike! I'm not sure if in my post I made it seem like my wife is planning to not live in the U.S., but that's not the case. We do plan to live in the U.S., it is just that we love to travel and was thinking of going some places later this year.

Traveling outside the USA more than you are in the USA is not living in the USA.  I don’t agree with the law. But that’s the law. 
 

7 hours ago, jagsfl said:

 

My next question would be... Is the 180 days considered in the Jan 1st to Dec 31st calendar year?

180 consecutive, contiguous, continuous days. 
 

7 hours ago, jagsfl said:

 

Or is it from the day we arrived and 365 days later, so for instance ours would be March 20, 2021 - March 20, 2022 - March 20, 2023 etc?

A CBP officer is going to look at her pattern of “recent” travel and travel since she became an LPR.
 

If both indicate more time spent outside the USA than inside then don’t be surprised by a warning, coercion to file I-407, or even a notice to appear.  

 

If only her recent travel indicates more time outside the USA than inside,  coercion or NTA are less likely but don’t be surprised by a warning.  
 

If only her travel since getting her LPR status indicates more time outside the USA than inside, maybe she will be commended for changing her ways.  Or maybe the opposite.  
 

7 hours ago, jagsfl said:

 

What is considered to be the calendar year makes a bit of difference on when we would be able to travel again after this 5 - 6 months stint we are on now. Thanks!

“Recent” is in the eye of the CBP officer.  

[African Zealot 1,455]

I don’t believe it’s a calendar year issue, it’s a rolling year issue. If you stay first six months then leave for a year ie last six months and first six months of the year, it’s not the same as 6 in, 6 out, 6 in, six out. So although both are the same for calendar year, immigration is going to tell you that you were out a whole year.

 

Once again patterns also matter, it’s not hard and fast however always err on the side of caution.

[usmsbow 801]

Depends on your risk tolerance once it's past 6 months.

 

And I admit this is 100% speculation on my part, but I imagine CBP would be a lot more "generous" to a green card holder who had resided in the US for 5+ years, and happened to go abroad a year vs a 1 year resident who then spent his/her 2nd year completely abroad.

 

Honestly, is there a particular reason why you can't just return to the US? And then when she becomes eligible to be a US citizen, then spend more time abroad? 3 years to become a citizen (more or less) isn't that long in the grand scheme of things.

 

 

[Redro 4,611]

20 hours ago, jagsfl said:

Hi group! I have done some research on this subject, and I am getting conflicting answers, so I figured it was time to ask in here!

 

How long can my wife travel outside of the U.S. before having to come back to the states without jeopardizing her green card?

 

I see you must be in U.S. for more than 6 months each year. Then I also see you can be out of the U.S. for up to one year with no worry, and if you want to be put of the U.S. for more than 1 year you must fill out a form in order to do so.

 

I would love to have some clarity on this as here's our situation..

 

She moved to the U.S. March 2021, and didn't travel out until April 2022. This year in April we went to visit her family, and we are doing a bit of traveling. We don't really want to go back to the U.S. in September, so I'd like to see if we won't have any issues continuing to travel longer than the 6 month mark.

 

Thank you in advance!

You're getting conflicting answers because there are no hard and fast rules. When your wife re-enters the US how she is treated depends on the CBP officer she meets.

I have a couple of USC friend's who've been questioned by CBP quite aggressively after re-entering the US after a long absence (but nothing else happens as they're US citizens). 

 

If you have no set plans, what's the harm in returning to the US and applying for the I-131? You never know what the future brings.. you could be traveling and decide for whatever reason you want to stay outside the US for over a year. This takes the guess work out of your travels and you won't be (potentially) risking your wife's green card. 

 

What's sounds more stressful? Flying back to the US now or dealing with coercion to file I-407/ a notice to appear when you finally decide to return to the US. 

Your choice. 

[JeanneAdil 6,533]

On 6/16/2022 at 7:48 AM, jagsfl said:

And this is exactly what I mean. Even the CBP website mentions nothing about 180 days. They just say if you're planning to be gone for more than 1 year that she would need to get the I-131.

180 is the norm 

but many say stay 180 inside the US

there are 365 days

180 outside leaves 185 inside not 180

and counting on airlines to not cancel a flight (using exact days) can lead to issues at CBP

 

it is best to spend more time inside the US as that is the intent of the green card to live here

[Mike E 11,740]

On 6/16/2022 at 4:48 AM, jagsfl said:

And this is exactly what I mean. Even the CBP website mentions nothing about 180 days. They just say if you're planning to be gone for more than 1 year that she would need to get the I-131.

entering this

 

180 days LPR

 

into Google’s search engine produces:

 

https://help.cbp.gov/s/article/CBP-COVID-19-Legal-Permanent-Resident-LPR-Frequently-Asked-Questions?language=en_US
 

“What will happen if I am out of the United States for more than six months?
Staying outside the United States for more than 6 months but less than one year will subject you to additional questioning when you return to the United States but you are not required to have a Reentry Permit.”

https://help.cbp.gov/s/article/Article-1191?language=en_US

“LPRs who are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101.”