Length of Stay

[eggboy 0]

Hi,

My wife is from the Philippines and we have been married and living in the United States now for two years. We were planning to go back to the Philippines and visit her family for an extended period. My question is, is there a certain amount of time you are allowed to stay there without getting in trouble with U.S. Immigration? Like if we wanted to stay say eights months would this be a problem.

Thanks

[Audy_Rob 26]

Hi,

My wife is from the Philippines and we have been married and living in the United States now for two years. We were planning to go back to the Philippines and visit her family for an extended period. My question is, is there a certain amount of time you are allowed to stay there without getting in trouble with U.S. Immigration? Like if we wanted to stay say eights months would this be a problem.

Thanks

Is she here on a Visa or is she a Permanent Resident (PR)? Did she overstay her visa? You left out a great deal of important information. She might be able to re-enter without any problem or she could be barred from re-entry for an extremely long time.

[eggboy 0]

Is she here on a Visa or is she a Permanent Resident (PR)? Did she overstay her visa? You left out a great deal of important information. She might be able to re-enter without any problem or she could be barred from re-entry for an extremely long time.

She got here on a visa but now has a temperorary permament resident card. We have been married abotu two years.

[elmcitymaven 9,712]

Hi there!

First off, has your wife received her 2-year green card yet? And if so, are you coming up to removing conditions yet? Depending on the timing of when you need to remove conditions, you might want to postpone the trip if the deadline for filing is looming.

Anyway, I am getting ahead of myself. In general, you may stay out of the country for up to a year without a re-entry permit. However, staying out of the country for more than six months can affect your wife's eligibility for filing for citizenship at a later date. (This isn't to say she would not be eligible at all for citizenship, just that it might be delayed). Anything up to 2 years is in theory possible with a re-entry permit, but the USCIS can deem you to have abandoned residency at any time if you make concrete steps to set up something like a permanent home abroad.

I'm moving this thread because it isn't a K1 thread, but it doesn't really have a happy home in any of the forums since you would be travelling after getting her green card, and it doesn't fit well in Moving Here & Your New Life in America. For want of anywhere better, for right now it's going to General Immigration.

Edit: I see she has her 2-year GC. Are you coming up to the deadline to remove conditions?

Edited February 11, 2010 by elmcitymaven

[eggboy 0]

Ok thanks for the help! One other question I had is my wife is scheduled to get her third tetnis shot(spelling?) in a few months. She is allowed to get it after August 3rd. Is it going to be a problem if we got this shot like a month later than this or do we need to get it right away. Thanks again for the responses.

[eggboy 0]

I will have to check with her on when the deadline is