Maintaining LPR status while working abroad

[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.

yes credit card, a residence, and taxes are not as strong evidence as having your wife and kid on US soil.

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.

[SDDK 0]

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.

My bad, my bad.... IR1.

[SDDK 0]

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.

Not really. My wife has a good job, but we have no money for a 2nd car in order for me to work. She needs the car for her job and besides the fact it's very hard to find a job that I can actually do, given my wife's work hours, my boss in Holland offered to help out. We could buy a car here with the money I make over there as I'd be staying with a friend for very little $$$.

[diadromous mermaid 36]

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

I agree it is wise to use correct terminology, and a re-entry permit is to be used when being called out of the country for one to two years. However, in order to secure EITHER advance parole or a re-entry permit, the alien uses form I-131. Same form, different purpose.

[SDDK 0]

I don't plan/expect to be out of the country for much longer than 6 months, certainly nothing close to a year.

[himher 634]

Forgive my mis-use of the term "advance parole". "Re-entry permit" is the correct. "Advance parole" is simply a term for (1) type of "re-entry permit". Allow me to correct myself:

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 filing an I-131 and up to two years with an approved I-131. 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 and the experience of other US expats working in this location

It is true that the website states that a determination of abandonment of residency can occur at anytime. This is rarely done (actually I work with several thousand other US expats, many of which are in the same situation we are in, and there is no case where this "determination" has been done within the group of us working here) when the USC spouse maintains a US residence and US tax home, the LPR spouse for the purpose of maintaining an intact family accompanies the USC spouse to and from the US, and the LPR spouse does not qualify as "resident" in the overseas location.

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

[SDDK 0]

I guess this answers the question: http://help.cbp.gov/cgi-bin/customs.cfg/ph...2hfdGV4dD1lc3Rh

[SDDK 0]

And this: http://www.indiaimmigrationusa.com/index_files/Page945.htm

[himher 634]

Good link.

I guess this answers the question: http://help.cbp.gov/cgi-bin/customs.cfg/ph...2hfdGV4dD1lc3Rh

[SDDK 0]

http://help.cbp.gov/cgi-bin/customs.cfg/ph...2hfdGV4dD1lc3Rh

Foreign nationals that are lawful permanent residents of the U.S. must present a Permanent Resident Card (“Green Card”, INS Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States. U.S. LPRs are not required by the U.S. to have a passport for travel, although most foreign destinations will require you to have one to enter their country. (LPRs that are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101.)

What exactly does the bold part mean? Anyone know specifically?

[himher 634]

Whatever it means, so far I am not aware of any cases (from here) where non-US LPR spouses are being bothered on entry when they are traveling in and out of the country while accompanying their family. If any of my co-workers has a problem this will be the first place I post lol

http://help.cbp.gov/cgi-bin/customs.cfg/ph...2hfdGV4dD1lc3Rh

Foreign nationals that are lawful permanent residents of the U.S. must present a Permanent Resident Card (“Green Card”, INS Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States. U.S. LPRs are not required by the U.S. to have a passport for travel, although most foreign destinations will require you to have one to enter their country. (LPRs that are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101.)

What exactly does the bold part mean? Anyone know specifically?

[kute 0]

Whatever it means, so far I am not aware of any cases (from here) where non-US LPR spouses are being bothered on entry when they are traveling in and out of the country while accompanying their family. If any of my co-workers has a problem this will be the first place I post lol

http://help.cbp.gov/cgi-bin/customs.cfg/ph...2hfdGV4dD1lc3Rh

Foreign nationals that are lawful permanent residents of the U.S. must present a Permanent Resident Card (“Green Card”, INS Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States. U.S. LPRs are not required by the U.S. to have a passport for travel, although most foreign destinations will require you to have one to enter their country. (LPRs that are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101.)

What exactly does the bold part mean? Anyone know specifically?

What do you guys mean by ' you have to maintain U.S residence in order to stay out of the country.'

Do we have to keep a bank account, credit card, file taxes and maintain U.S residence while having a re-entry permit?

[himher 634]

If you do not file taxes or file as a non-resident for purposes of avoiding US taxes as a LPR your status is automatically in jeapordy. This information I got from a CIS immigration officer before we left. I was only speaking for our situation. We maintain a residence in the US while working overseas to definitively be able to demonstrate that we do not and never intended to abandon US residency. You know what? Even with that I know we are still taking a chance and I possibly will have to file all over again for my wife. (DCF this time). This is not likely from experience of other expats here but we know and accept that the possibility is there. And you're darn skippy we keep and maintain autos, insurance, utilities, bank, credit card, and cell phone accounts in the US as well.

[kute 0]

If you do not file taxes or file as a non-resident for purposes of avoiding US taxes as a LPR your status is automatically in jeapordy. This information I got from a CIS immigration officer before we left. I was only speaking for our situation. We maintain a residence in the US while working overseas to definitively be able to demonstrate that we do not and never intended to abandon US residency. You know what? Even with that I know we are still taking a chance and I possibly will have to file all over again for my wife. (DCF this time). This is not likely from experience of other expats here but we know and accept that the possibility is there. And you're darn skippy we keep and maintain autos, insurance, utilities, bank, credit card, and cell phone accounts in the US as well.

You are paying for all it

[himher 634]

It's our marriage. I do not wish to jeapordize it....

If you do not file taxes or file as a non-resident for purposes of avoiding US taxes as a LPR your status is automatically in jeapordy. This information I got from a CIS immigration officer before we left. I was only speaking for our situation. We maintain a residence in the US while working overseas to definitively be able to demonstrate that we do not and never intended to abandon US residency. You know what? Even with that I know we are still taking a chance and I possibly will have to file all over again for my wife. (DCF this time). This is not likely from experience of other expats here but we know and accept that the possibility is there. And you're darn skippy we keep and maintain autos, insurance, utilities, bank, credit card, and cell phone accounts in the US as well.

You are paying for all it