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Filed: AOS (apr) Country: Philippines
Timeline
Posted

Hello Everyone,

I received my Conditional Green Card on July 2005 and will be able to remove the conditional status on July 2007. I attained my GC through marriage. I was out of the US for 5 1/2 months last year and I'm planning to travel outside the US this year for 5 to 6 months again. My question is - will my travels or length of stay outside the US affect my I-751 petition (Petition to Remove Conditions of Residence)?

My husband is very supportive of my travels. In fact, my 3 year-old, US Citizen, daughter travelled and will be travelling with me.

Any information/advice will be appreciated.

Thanks!

Filed: Timeline
Posted

It will not affect I-751. They will not ask or check how long you were outside of US, as long as you did not stay over 6 months. However, immigration will check how long you were outside of US when you apply for citizenship. If you were not absent you would be citizen in July 2008. With this much travel, I think you already lost that date. You will have to make up lost time - that is all.

Hello Everyone,

I received my Conditional Green Card on July 2005 and will be able to remove the conditional status on July 2007. I attained my GC through marriage. I was out of the US for 5 1/2 months last year and I'm planning to travel outside the US this year for 5 to 6 months again. My question is - will my travels or length of stay outside the US affect my I-751 petition (Petition to Remove Conditions of Residence)?

My husband is very supportive of my travels. In fact, my 3 year-old, US Citizen, daughter travelled and will be travelling with me.

Any information/advice will be appreciated.

Thanks!

Posted

I would be worried about spending 10 months out of the country on a 2yr cpr would be risky. I would

not have my wife spend more than 1 or 2 months out of the country. It is possible it might cause

an issue. If you had no kids I would be more worried. I would maybe contact the USCIS about it.

Scott

<span style='font-size:14pt;line-height:100%'>Scott & Irene Time Line</span>

I-129F sent to <!--WORD2URL-01--><!--END WORD2URL-01-->NSC<!--WORD2URL-02--><!--END WORD2URL-02--> 3-5-03

I-129F Received <!--WORD2URL-01--><!--END WORD2URL-01-->NSC<!--WORD2URL-02--><!--END WORD2URL-02--> 3-8-03

Ref Received-B-Cert needed 10-1-03

Ref submitted 10-16-03

Approval 2nd notice 10-20-03

Received in Kuala Lumpur 11-03-03

Packet 3 received 11-10-03

Police Certificate requested 11-17-03

Police Certificate Received 01-24-04

Checklist sent to embassy 01-26-04

Sent I-134 packet to Irene 1-29-04

Packet 4 received 2/13/04

Interview 2/24/04-Approval <!--WORD2URL-01--><!--END WORD2URL-01-->K1<!--WORD2URL-02--><!--END WORD2URL-02-->

Arrive Indianapolis 3/11/04

Proposal on March 17

Left Indy 3/30/04

Went to Malacca Malaysia for Marriage on 1/2/05

Marriage on 1/15/05

Filed <!--WORD2URL-01--><!--END WORD2URL-01-->DCF<!--WORD2URL-02--><!--END WORD2URL-02--> I-130 on 1/24/05-Approved

Interview at Kuala Lumpu 3/15/05

VISA Issued 3/16/05

Arrived in USA on 4/22/05.

Social Security card applied for 5-6-05

Green Card received 5-8-05

Social Security Card Received 5-16-5

apply for Removal of Conditions 1/6/07??

Conditions removed in March 2008

Filed: Country: Sweden
Timeline
Posted

Technically you can stay out of the US for less than one year without getting special permission. But, you need to take care that you cannot be considered to have abandoned your US residence. (IMO a husband staying in the US, as well as continuing to file your US taxes as a resident, is pretty good. But don't take my word for it, you should get an understanding of what constitutes "abandonment" of your LPR yourself.)

For naturalization purposes you need to fulfill physical presence and continuous presence requirements.

As the other poster mentioned, being outside the US for 6 consecutive months will reset the clock on the continuous residence requirement. The physical presence requirement is different, don't get the two confused.

"When all else fails, read the instructions."

 
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