Traveling while having residency (LPR) Residency Requirments

[amerperu 0]

My husband and I currently live in Peru. We did a waiver and finally got news that it was approved. My husband picked up his visa recently and he's ready to travel.

On the visa, it says "IV expires on..." which is set for a date of 6 months from now. So that means he needs to travel by this date, right?

Now, say for example he travels every 5 months from Peru to U.S, until he can become a citizen, would this be a problem?

I know there is residency requirements which state the LPR must NOT remain outside U.S for MORE than a year. But say that he would spend less than 6 months outside the U.S. Just wondering if this would be a problem. Could USCIS say my husband "abandoned" his residency?

Thanks a lot for your replies.

Edited August 5, 2007 by amerperu

[MargotDarko 0]

My husband and I currently live in Peru. We did a waiver and finally got news that it was approved. My husband picked up his visa recently and he's ready to travel.

On the visa, it says "IV expires on..." which is set for a date of 6 months from now. So that means he needs to travel by this date, right?

Now, say for example he travels every 5 months from Peru to U.S, until he can become a citizen, would this be a problem?

I know there is residency requirements which state the LPR must NOT remain outside U.S for MORE than a year. But say that he would spend less than 6 months outside the U.S. Just wondering if this would be a problem. Could USCIS say my husband "abandoned" his residency?

Thanks a lot for your replies.

Yes, he needs to enter the US on the visa before it expires. Then, he will receive his green card. Keeping residency can be a bit tricky. You're right that if he were to leave for more than a year, he would have abandoned it unless he had a re-entry permit. However, even with smaller amounts of time, it's up to the immigration officer to determine. So, he should spend as little time as possible out of the country, especially as you've had a hard road just getting this visa.

Also, there are other requirements for citizenship beside just having the green card for 3 years. I don't know the exact amount of time, but it's based on time actually spent in the US, not just the time he's had the card.

[Yodrak 7]

amerperu,

A Permanent Resident needs to be just that - permanently resident. An LPR's primary residence needs to be in the USA. Therefore, if your husband "travels every 5 months from Peru to US" he will likely never become a US citizen and may not be a LPR for long either.

How long will your husband be in Peru on every trip back there? And how long will he be in the USA between trips to Peru?

Yodrak

My husband and I currently live in Peru. We did a waiver and finally got news that it was approved. My husband picked up his visa recently and he's ready to travel.

On the visa, it says "IV expires on..." which is set for a date of 6 months from now. So that means he needs to travel by this date, right?

Now, say for example he travels every 5 months from Peru to U.S, until he can become a citizen, would this be a problem?

I know there is residency requirements which state the LPR must NOT remain outside U.S for MORE than a year. But say that he would spend less than 6 months outside the U.S. Just wondering if this would be a problem. Could USCIS say my husband "abandoned" his residency?

Thanks a lot for your replies.