After Greencard, how long can we be out of the country for?

[Jodinjames 0]

Hi,

We may want to take some time to travel outside of the US for 6 or 7 months.....is this allowed without harming the green card status?

Thanks!

[MargotDarko 0]

Technically, you can leave for up to a year without asking for permission in advance, but anything six months or more is very likely to be questioned and closely examined upon return, and an officer can determine on the spot that permanent residence has been abandoned with less than a year's absence.

Another thing to consider is when the green card holder wants to apply for US citizenship. If they want to do it as soon as possible, they cannot leave the country for six months or more at a time. An absence of six months or more resets the "clock" on the three years.

I would personally not leave for more than 5 and a half months at a time and not without good reason.

If you're talking about just traveling around the world as vacation, (if so, i envy you! ) then I would just have a stop back at home as frequently as possible.

[payxibka 10,045]

As previously said.. 6 mos. is the sort of the precipice of when issues may start to "rear up"....

[T and M 1]

As previously said.. 6 mos. is the sort of the precipice of when issues may start to "rear up"....

Exactly. Although immigration law permits officials to question permanent residents after trips of any length, even less than 6 months. And the onus is basically on the PR from what I have read. To answer the charge that one has abandoned residence, certain things can supposedly be done. My wife and I will let you know what happens in January, when we re-enter after around 5 months abroad.

1. Joint property in the US.

2. Joint bank accounts in the US with activity on them.

3. Letter from university or workplace explaining that trip abroad was of a temporary nature.

4. File taxes always always always and always always always file as resident of the US.

5. Joint credit cards from US.

6. Never ever ever buy flights that originate abroad. Always have round-trip flights and originate and terminate on US territory.

7. Never ever ever enter the US via tourist hubs like the Virgin Islands, Hawaii, or the Florida Keys (unless of course that is your residence.) Entering and leaving the US without even visiting the place that you list as your home residence is seen as highly suspect.

7. Maintenance of US drivers license.

We have all but the last one, b/c my wife hasn't gotten her US drivers license yet! Will see what happens! I think it also helps to re-enter with your US citizen spouse.

[Silas 0]

As previously said.. 6 mos. is the sort of the precipice of when issues may start to "rear up"....

Exactly. Although immigration law permits officials to question permanent residents after trips of any length, even less than 6 months. And the onus is basically on the PR from what I have read. To answer the charge that one has abandoned residence, certain things can supposedly be done. My wife and I will let you know what happens in January, when we re-enter after around 5 months abroad.

1. Joint property in the US.

2. Joint bank accounts in the US with activity on them.

3. Letter from university or workplace explaining that trip abroad was of a temporary nature.

4. File taxes always always always and always always always file as resident of the US.

5. Joint credit cards from US.

6. Never ever ever buy flights that originate abroad. Always have round-trip flights and originate and terminate on US territory.

7. Never ever ever enter the US via tourist hubs like the Virgin Islands, Hawaii, or the Florida Keys (unless of course that is your residence.) Entering and leaving the US without even visiting the place that you list as your home residence is seen as highly suspect.

7. Maintenance of US drivers license.

We have all but the last one, b/c my wife hasn't gotten her US drivers license yet! Will see what happens! I think it also helps to re-enter with your US citizen spouse.

Thomas, that's a helpful list and just what I was looking for.

I'm out of the country for three months starting in the New Year as my wife's doing a brief exchange programme with her US university and one in Asia. Hopefully as it's only for three months it won't be an issue at all but for my own peace of mind that's a good list to follow, where I can.

[T and M 1]

As previously said.. 6 mos. is the sort of the precipice of when issues may start to "rear up"....

Exactly. Although immigration law permits officials to question permanent residents after trips of any length, even less than 6 months. And the onus is basically on the PR from what I have read. To answer the charge that one has abandoned residence, certain things can supposedly be done. My wife and I will let you know what happens in January, when we re-enter after around 5 months abroad.

1. Joint property in the US.

2. Joint bank accounts in the US with activity on them.

3. Letter from university or workplace explaining that trip abroad was of a temporary nature.

4. File taxes always always always and always always always file as resident of the US.

5. Joint credit cards from US.

6. Never ever ever buy flights that originate abroad. Always have round-trip flights and originate and terminate on US territory.

7. Never ever ever enter the US via tourist hubs like the Virgin Islands, Hawaii, or the Florida Keys (unless of course that is your residence.) Entering and leaving the US without even visiting the place that you list as your home residence is seen as highly suspect.

7. Maintenance of US drivers license.

We have all but the last one, b/c my wife hasn't gotten her US drivers license yet! Will see what happens! I think it also helps to re-enter with your US citizen spouse.

Thomas, that's a helpful list and just what I was looking for.

I'm out of the country for three months starting in the New Year as my wife's doing a brief exchange programme with her US university and one in Asia. Hopefully as it's only for three months it won't be an issue at all but for my own peace of mind that's a good list to follow, where I can.

Good. Keep in mind that this list is something I compiled talking to lawyers and reading online. There is nothing in immigration law that says these things are guarantees. The decision is very subjective.

If it is an exchange program with a US university that is a very good thing. You might even be able to stay for longer than 6 months and not stop the 3 year clock for naturalization. Even better, if you are going to be gone for a year or more you might qualify for expedited naturalization. Immigration law is very good to people who are abroad with US research institutions, US companies, or the US military.

To summarize, you should be fine under six months. 6 months to 12 months you are very likely to be questioned. Any length you should be prepared to show some of the things above. Over a year you have to apply for a re-entry permit before leaving and even then you cannot stay gone for more than two years.

On the up-side, since your spouse is with a US institution, you might be able to qualify for keeping the "3-year clock running" even if you are gone for more than 6 months and if you are gone for 12-18 months, you might qualify for expedited naturalization under Section 319b.

If I read your question right, however, you are going to be gone for only 3 months, so this should not be a big issue.

[Jodinjames 0]

Technically, you can leave for up to a year without asking for permission in advance, but anything six months or more is very likely to be questioned and closely examined upon return, and an officer can determine on the spot that permanent residence has been abandoned with less than a year's absence.

Another thing to consider is when the green card holder wants to apply for US citizenship. If they want to do it as soon as possible, they cannot leave the country for six months or more at a time. An absence of six months or more resets the "clock" on the three years.

I would personally not leave for more than 5 and a half months at a time and not without good reason.

If you're talking about just traveling around the world as vacation, (if so, i envy you! ) then I would just have a stop back at home as frequently as possible.

Great thank you! Well I lost my job and he may lose his job so we are considering staying in the UK for a few months to visit family and then take a few trips while we are not working. HOpefully that will be ok to re enter.