Can I travel outside the U.S after getting NOA?

[Han 0]

Hi everyone,

I and my husband have moved to Singapore few months ago, and we are living in Singapore for at least 2 years, of course we have travelled back and forth to the U.S. and Singapore. We're gonna come back to the U.S for filing a ROC on this March (my GC will expired on May).

As some people here said, after getting NOA1 which automatically extends the validity of the Green Card for one more year. So according to my stituation, it also means that I still can go to Singapore for few weeks while waiting for a biometric appoitment (I have family in the U.S. sent the appointment letter to Singapore), and coming back to U.S with an original NOA1, an EXPIRED GREEN CARD, and I-551 stamp on passport. Is this way safe for me to go to Singapore and come back to the U.S. or I should stay inside the U.S until done with my biometric appointment?

I appreciate from any your answer. Thank you very much

Han

[Boiler 45,182]

How are you going to maintain your residency?

[Han 0]

Living in Singapore is temporary, we still come back to U.S in every 3-4 months for visiting and staying with our family. Actually, we just came back the U.S in last November...

[Wyatt's Torch 45]

What Boiler is getting at is that you need to prove that you have maintained residency in the United States. Visiting with family likely won't cut it. You'll need to show tax documents, financial documents and an assortment of other documents proving that you have stayed in the U.S. with your husband.

The whole point of immigrating to the U.S. is...well...immigrating to the U.S. If you didn't plan on staying in the United States after you received your green card, you probably shouldn't have gone through the immigration process in the first place. It's kind of a waste of USCIS's time, don't you think? What's the point of having residency in a country where you aren't a resident?

[lovelyalex 99]

Did you move to singapore for personal reasons, or was one of your transferred through employment?

I am guessing you didn't notify the USCIS of your change of address because it could void your application?

[Han 0]

We moved to Singapore because of my husband's job, actually this is job which tranfered from the same company in the U.S., so he just works at another branch of company. We don't have PR in Singapore, just long term visa for 2 years. We still keep our joint bank account in the U.S for paying some services, and mailing address is our parents'house. I also got a re-entry permit in case of I remain outside of the U.S more than 6 months, and notified the USCIS of my change of address to our parents'house. I don't work, but absolutely he has income tax retunrs filled as married, and still pay tax in the U.S while working in Singapore.

I know our case is difficult now. So what shoul we do? Please give us advice. Thank you very much

Han

[Dave&Roza 748]

We moved to Singapore because of my husband's job, actually this is job which tranfered from the same company in the U.S., so he just works at another branch of company. We don't have PR in Singapore, just long term visa for 2 years. We still keep our joint bank account in the U.S for paying some services, and mailing address is our parents'house. I also got a re-entry permit in case of I remain outside of the U.S more than 6 months, and notified the USCIS of my change of address to our parents'house. I don't work, but absolutely he has income tax retunrs filled as married, and still pay tax in the U.S while working in Singapore.

I know our case is difficult now. So what shoul we do? Please give us advice. Thank you very much

Han

Here is some information I found regarding your situation. You may want to check this out:"Some LPRs are able to preserve continuous residence even in the event of an absence of one year or more. Section 316(b) of the INA provides an exception for the continuous residence requirement for certain LPRs who have been physically present and who have resided within the U.S. for an uninterrupted period of at least one year after obtaining LPR status. Note: there are further exceptions for certain religious workers. The regulations at 8 C.F.R. §316.(d)(1) enumerate the requirements for such an application which is made on Form N-470, Application to Preserve Residence for Naturalization Purposes. The application must be submitted before the LPR departs the U.S. for a continuous period of one year or more.

Section 316(b) details those groups of LPRs who are eligible to file an N-470:

• Employees or individuals under contract to the U.S. government; or

• People performing ministerial or priestly functions for a religious denomination or interdenominational organization with a valid presence in the United States; or

• Employees of an American institution of research recognized by the Attorney General; or

• Employees of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the U.S.; or

• Employees of a public international organization of which the U.S. is a member by law or treaty (if the employment began after the LPR became a permanent resident). "

Unfortunately it sounds like you have already left the US. So I am not sure what you need to do to keep your LPR status. Returning to the US for a few days or weeks does not work if you are out of the US for more than 182 days during a 365 day period. If you should loose your LPR status your husband will have to file an I-130 from for a spousal visa and start the whole process over again. I would get in touch with a knowledgable attorney to see what your options are. You may have to return to the US for more than 6 months and then visit your husband in Singapore or risk loosing your LPR status.

Good luck,

Dave