Travel Time for CR-1 Visa?

[Elad 0]

Ok, my question is this. How much time can someone with a CR-1 Visa travel abroad?

Here is what happened -

Wife came to US on a CR-1 Visa, but then 1 month later she had to return to her country because of a family emergency.

When she left the US to go back to her country, her greencard was in the mail, so when I got it a few weeks later, I sent it to her, so she has her greencard. She also has a Social Security Card, and even a US Military Spouse ID. To note, I remember at the airport, since she didnt have her greencard, they put a strange stamp in her passort.

Anyways, my wife for some reason thinks that she has only 6 months time to be absent from the US, and if she doesnt return before the time is up, she won't be allowed to enter the US. I have read these forums and searched elsewhere but I just wanted to come here and ask you all, because you have always been so helpful in the past.

Please, anyone know the answer?

[raymaga 25]

I think that as a Permanent Resident (Green Card holder) she is allowed to be out of the U.S. for up to one year, without needing a "Re-entry Permit" (Form I-131). Time out of the U.S. of more than one year (and less than 2 years) requires a Re-entry Permit in order to re-enter the U.S.

Read the instructions for Form I-131 on the USCIS website. I remember it giving details about trips abroad after becoming a Permanent Resident.

Edited April 21, 2006 by raymaga

[meauxna 15]

Anyways, my wife for some reason thinks that she has only 6 months time to be absent from the US, and if she doesnt return before the time is up, she won't be allowed to enter the US. I have read these forums and searched elsewhere but I just wanted to come here and ask you all, because you have always been so helpful in the past.

Please, anyone know the answer?

I agree with raymaga. Your wife may have heard the 6 month 'rule' which gets passed around incorrectly quite often.

The six months guideline is regarding naturallization. Trips out of the US for longer than that break the continuous residence requirement for filing N-400 for US citizenship. If she can get back by then, great. If not, no real penalty other than waiting a bit longer to naturalize. She will still be readmitted as a PR if you still live in the US (she hasn't abandoned her domicile) an she is gone less than one year. If she wants to take longer trips in the future, she must apply for the re-entry permit raymaga mentioned.

[Elad 0]

Great, thanks for the info! My wife and I are releaved.

[Yodrak 7]

meauxna,

Are we sure that she hasn't done anything to abandon her domicile? Did she do anything during her month in the USA to establish her domicile?

She probably is OK, but we have no information to say with any degree of certainty. We're just assuming on the basis that she's a 'typical' person with 'typical' circumstances.

Yodrak

Anyways, my wife for some reason thinks that she has only 6 months time to be absent from the US, and if she doesnt return before the time is up, she won't be allowed to enter the US. I have read these forums and searched elsewhere but I just wanted to come here and ask you all, because you have always been so helpful in the past.

Please, anyone know the answer?

I agree with raymaga. Your wife may have heard the 6 month 'rule' which gets passed around incorrectly quite often.

The six months guideline is regarding naturallization. Trips out of the US for longer than that break the continuous residence requirement for filing N-400 for US citizenship. If she can get back by then, great. If not, no real penalty other than waiting a bit longer to naturalize. She will still be readmitted as a PR if you still live in the US (she hasn't abandoned her domicile) an she is gone less than one year. If she wants to take longer trips in the future, she must apply for the re-entry permit raymaga mentioned.

[meauxna 15]

Believe it or not, I had a premonition of your reply as I hastily wrote that. Then I thought, 'hey, he hasn't been around, I'll let it slide instead of fleshing out my thought'. I should've known better than to leave sloppy tracks.

I'm not even going to write out my rationale; I doubt it's very interesting.

/m

meauxna,

Are we sure that she hasn't done anything to abandon her domicile? Did she do anything during her month in the USA to establish her domicile?

She probably is OK, but we have no information to say with any degree of certainty. We're just assuming on the basis that she's a 'typical' person with 'typical' circumstances.

Yodrak

Anyways, my wife for some reason thinks that she has only 6 months time to be absent from the US, and if she doesnt return before the time is up, she won't be allowed to enter the US. I have read these forums and searched elsewhere but I just wanted to come here and ask you all, because you have always been so helpful in the past.

Please, anyone know the answer?

I agree with raymaga. Your wife may have heard the 6 month 'rule' which gets passed around incorrectly quite often.

The six months guideline is regarding naturallization. Trips out of the US for longer than that break the continuous residence requirement for filing N-400 for US citizenship. If she can get back by then, great. If not, no real penalty other than waiting a bit longer to naturalize. She will still be readmitted as a PR if you still live in the US (she hasn't abandoned her domicile) an she is gone less than one year. If she wants to take longer trips in the future, she must apply for the re-entry permit raymaga mentioned.