Maintaining LPR status while working abroad

[SDDK 0]

Hi all. I hope I'm posting this in the correct forum, if not than I apologize in advance.

I have been a Green Card holder for 4 months (CR1) and since I've been here I've encountered quite a few problems getting a job as well as some marital problems. We're not heading for divorce just yet, but things are pretty rough for me here and have resulted in me missing my old job and family and friends a ton.

My old boss has offered me a half year contract back home and I would really like to take it and take my time figuring out my future as well as being back with my family and friends in my hometown. This job is not working for the US government or something.

Is it safe for me to go back to Holland and remain there for say, the duration of the 6 month contract without coming back during that period? My wife (married for 7 years) and child would remain in the US during this time.

I don't want to jeopardize my status as a LPR and I'm a little confused by all the articles and guidelines online about how long I can remain outside the US, whether it's 1 year or 6 months. I have the actual Green Card in my possession, as well as a state driver license and SS card. My return ticket is scheduled for the end of this month (I bought a round trip ticket when I came over).

Thanks a lot for your help.

[payxibka 10,045]

a single journey out for 6 mos. will probably be no issue... a second or third in one to two years with only short stays in, will begin to complicate things

[Jasman0717 9]

a single journey out for 6 mos. will probably be no issue... a second or third in one to two years with only short stays in, will begin to complicate things

I would be careful about any longer stays. The whole idea of the green card is to give you the ability to legally live in the US.

[SDDK 0]

a single journey out for 6 mos. will probably be no issue... a second or third in one to two years with only short stays in, will begin to complicate things

I would be careful about any longer stays. The whole idea of the green card is to give you the ability to legally live in the US.

You're saying stay no longer than 6 months out of the country?

How does the fact that I'd be employed overseas factor in the equation?

[Chica Yeyé 41]

It's quite simple, really. PERMANENT residence implies what it says: you live in the US on a permanent basis. If your residence is de facto in another country; you will face a lot of hurdles. I believe after 6 months in one year you are considered to have abandoned your residency.

google "maintaining permanent residence"

[payxibka 10,045]

How does the fact that I'd be employed overseas factor in the equation?

It doesn't

[Chica Yeyé 41]

How does the fact that I'd be employed overseas factor in the equation?

It doesn't

Exaclty. what matters is you will not be residing in the US.

[diadromous mermaid 36]

As I see it, the work abroad, and of a temporary nature is not the entire issue, here. It's compliacted by a stated tenuous nature of his marriage. Were he to be assigned abroad, and in a viable marriage, the fact that his wife and child are choosing to remain in the USA during his absence could bolster other steps he could take to ensure that he maintains his status. They would be his permanent ties to the USA and would be helping him to maintain the USA as his primary residence. With a rocky marriage, I am not so sure that would be so easy. But abandonment of status is not a foregone conclusion.

[3600rs 24]

I don't understand how can you spend 6 months aboard, maintain your residency, remove conditions and strengthen your failing marriage all at the same time.

The above pattern will not only destroy the marriage but will raise red flags with immigration.

[SDDK 0]

I don't understand how can you spend 6 months aboard, maintain your residency, remove conditions and strengthen your failing marriage all at the same time.

The above pattern will not only destroy the marriage but will raise red flags with immigration.

Remove what conditions? It's not a conditional Green Card. And the status of my marriage is something between my wife and I. The job is of a temporary nature as it is only 6 months and I would come back to my permanent residence in the US where my wife and child reside.

[Penguin_ie 5,993]

Remove what conditions? It's not a conditional Green Card.

You said you came here 4 months ago on a CR1? That is a conditional green card, you will have to file to remove conditions after 2 years.

[himher 634]

We have a similar issue, except I am working abroad and my wife is the LPR. Green card holders can remain out of the country for up to one year without advance parole and up to two years with advance parole. We still maintain a residence in the US and my wife's visa (here, abroad) specifically states "not authorized to work" in this country. As for working abroad, the same rules apply, but you need to continue to file taxes as a US resident and maintain a US residency to even be considered a "resident". We were specifically told that the first time we list ourselves as non-resident for tax purposes we're DOA as far as immigration goes and we will have to start over. I know this doesn't answer your question, it only reflects the research we did before we left.

[payxibka 10,045]

We have a similar issue, except I am working abroad and my wife is the LPR. Green card holders can remain out of the country for up to one year without advance parole and up to two years with advance parole.

be very careful as this is not true... advance parole will not be what you need but a re-entry permit.... you need a re-entry permit at one year... however, a determination of abandonment of residency can occur at anytime

[rika60607 215]

He was married for 7 years.

His GC must be unconditional.

Hence, his rocky marriage is not a problem as far as his immigration status goes.

Being out of the US for 6 months is OK, as long as you keep a residence in the US, US bank accounts/credit cards and file US taxes.

Remove what conditions? It's not a conditional Green Card.

You said you came here 4 months ago on a CR1? That is a conditional green card, you will have to file to remove conditions after 2 years.

Edited February 12, 2009 by rika60607

[3600rs 24]

He was married for 7 years.

very true

His GC must be unconditional.

Not sure, the poster said he was on CR1

Hence, his rocky marriage is not a problem as far as his immigration status goes.

True only if the conditions are removed, but his staying abroad for long periods of time maybe a problem during citizenship if he doesn't use the right protocol.

Seems like the poster is more interested in persevering his US green card by working abroad in order to be closer to his hometown than this wife and kid in troubled times.

Being out of the US for 6 months is OK, as long as you keep a residence in the US, US bank accounts/credit cards and file US taxes.

Remove what conditions? It's not a conditional Green Card.

You said you came here 4 months ago on a CR1? That is a conditional green card, you will have to file to remove conditions after 2 years.