Living abroad after receiving Green Card

[davewolfs 0]

Hello everyone,

I received my green card around 6 months ago and have recently been given an opportunity to work and live abroad with my wife. The opportunity that I am considering would be for an extended period of time so my wife and I would be leaving the country for 2-4 years. What I would like to know is that if we left would the USCIS consider this as abandoning my Green Card?

Just a little background information, my wife is a US citizen and we own a home here. If we were to move we would definitely keep our home and ties to the US.

So I guess what I am looking to have answered is:

1. By living abroad and being gone for more then one year am I putting my green card status in jeopardy?

2. Would I still be able to have my conditional green card status removed after the two year period and would I be able to become a USC?

Thank you,

Dave

[SilkRoad 0]

If you plan on leaving the country for more than one year, then apply for a re-entry permit *before* you leave the US. You must maintain residency in the US to keep your green card. If you travel to the US at least once a year you may be able to keep the green card, but if you are not planning to return for several years you will lose it. When entering the US on a green card, US immigration specifically asks how long you were out of the country, and may not let you in if its more than a year. Citizenship is based on how long you were physically in the US. You must list all time you spent outside the country on the application.

Edited March 23, 2008 by SilkRoad

[davewolfs 0]

If you plan on leaving the country for more than one year, then apply for a re-entry permit *before* you leave the US. You must maintain residency in the US to keep your green card. If you travel to the US at least once a year you may be able to keep the green card, but if you are not planning to return for several years you will lose it. When entering the US on a green card, US immigration specifically asks how long you were out of the country, and may not let you in if its more than a year. Citizenship is based on how long you were physically in the US. You must list all time you spent outside the country on the application.

So basically, what you are saying is that I cannot leave until I am a USC?

It would be both my wife and I that are leaving, not just me. We are leaving for what could be an excellent opportunity, would this not hold any weight or is immigration strictly concerned with how many days I have resided in the US?

[davewolfs 0]

Last thing, what are the restrictions on the re-entry permit?

[Krikit 1,164]

The re-entry permit allows you to be out of country for two years from the date of issue and cannot be extended. Any longer than that and you will need to apply for a Returning Resident SB-1 Visa.

[Krikit 1,164]

Related Links:

Form I-131 Application for Travel (Re-entry Permit)

LPR Re-entry (CBP.gov)

[davewolfs 0]

Realistically, is there a lot of risk that I am putting my green card in jeopardy if I am gone for more then 2 years?

[Krikit 1,164]

Realistically, is there a lot of risk that I am putting my green card in jeopardy if I am gone for more then 2 years?

I am sorry but I have no experience, nor have I seen any anecdotal incidents, wrt LPR's being out of country for an extended period. I am sure something will turn up in your search, though. Can you let us know if you find something? All the best.

ETA: I did a quick search keywords "SB-1 visa" and found some hits on successful applicants.

Edited March 23, 2008 by Crikey!

[pushbrk 12,898]

Realistically, is there a lot of risk that I am putting my green card in jeopardy if I am gone for more then 2 years?

Yes there is. Google "maintaining permanent resident status".

[PeterFB 0]

Realistically, is there a lot of risk that I am putting my green card in jeopardy if I am gone for more then 2 years?

Yes there is. Google "maintaining permanent resident status".

Dave

Here's the link you should read. It will answer you questions. It's called "Now That You Are A Permanent Resident" on the USCIS webiste.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

It's not very comforting as it doesn't say anything about having a job that takes your spouse overseas but does seem like if you return to the US every year for some time, then you might be ok. However, I think contacting the USCIS and a immigration lawyer fimilar with this would be the next step.

Peter and Thi

I-129F Sent : 2007-05-26

I-129F NOA1 : 2007-06-11

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2007-10-26

Touched: 2007-11-02

NVC Recieved: 2007-11-16

Consulate recieved ??????

Packet 3 sent 2007-12-11

Packet 3 received 2007-12-24

Packet 3 returned 2007-12-28

Packet 4 sent 2008-1-14

Email Reply with Interview Date 2008-1-23

Interview Date 2008-2-27

Passed Interview 2008-02-27

Visa Pick Up Date 2008-3-05

Received Visa 2008-2-29 (called to pick up earlier)

POE 2008-3-05 Los Angeles

[davewolfs 0]

Realistically, is there a lot of risk that I am putting my green card in jeopardy if I am gone for more then 2 years?

Yes there is. Google "maintaining permanent resident status".

Dave

Here's the link you should read. It will answer you questions. It's called "Now That You Are A Permanent Resident" on the USCIS webiste.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

It's not very comforting as it doesn't say anything about having a job that takes your spouse overseas but does seem like if you return to the US every year for some time, then you might be ok. However, I think contacting the USCIS and a immigration lawyer fimilar with this would be the next step.

Peter and Thi

I-129F Sent : 2007-05-26

I-129F NOA1 : 2007-06-11

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2007-10-26

Touched: 2007-11-02

NVC Recieved: 2007-11-16

Consulate recieved ??????

Packet 3 sent 2007-12-11

Packet 3 received 2007-12-24

Packet 3 returned 2007-12-28

Packet 4 sent 2008-1-14

Email Reply with Interview Date 2008-1-23

Interview Date 2008-2-27

Passed Interview 2008-02-27

Visa Pick Up Date 2008-3-05

Received Visa 2008-2-29 (called to pick up earlier)

POE 2008-3-05 Los Angeles

I spoke with my lawyer. They pretty much said that I am fine as long as I file for a re-entry permit. The only impact that this can have is applying for citizenship. Leaving the US can drag out the standard 3 year period which I am fine with.

[nane1104 146]

Does this one year rule apply for people who are on military orders as well? I just got approved, my husband and I will be moving to Germany in June on his orders and we will stay there for 3 years. We are planning to travel to the USA maybe once, after maybe 1.5 years.

Would I have to apply for a re-entry permit or does the order waive that?

[pushbrk 12,898]

Does this one year rule apply for people who are on military orders as well? I just got approved, my husband and I will be moving to Germany in June on his orders and we will stay there for 3 years. We are planning to travel to the USA maybe once, after maybe 1.5 years.

Would I have to apply for a re-entry permit or does the order waive that?

Accompanying a USC spouse on overseas military deployment is considered the same as living in the US.

[kins 0]

1. By living abroad and being gone for more then one year am I putting my green card status in jeopardy?

2. Would I still be able to have my conditional green card status removed after the two year period and would I be able to become a USC?

I went through this. We returned to the UK so my husband could train as a teacher. The USCIS (actually it was still the INS then) told me I could apply for a year's extension to my conditional green card. I did this. I then asked if I could have another year. They said no. I asked if I could have the conditional status removed while living abroad. I was told categorically that I had to be living in the US to have the conditional status removed.

My green card expired and I had to apply for a new one when a few years later we moved back to the US.

Not what you want to hear, sorry.