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Katz

Some questions about my rights with the 10 year card...

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Yes, you can stay outside the US up to one year. If you would like to stay outside the US for one year or longer you need to apply for a re-entry permit. Link to CBP FAQ

It's true that it's possible to maintain residence as you say, but it's also possible to abandon LPR status in a shorter trip. It depends on where your "residence" is, and that's something that depends on a lot of specific facts of the case. So a green card holder is not automatically safe leaving the US for less than a year and returning on that green card.

From the USCIS "Maintaining your Permanent Residence" page:

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently

* Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year

* Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year

* Fail to file income tax returns while living outside of the United States for any period

* Declare yourself a “nonimmigrant” on your tax returns

If you do intend to leave for an extended time while trying to maintain your permanent residence, at least be sure and file your US taxes. It's probably worth a quick consultation with an immigration attorney who has experience with abandonment of status issues, to get advice BEFORE you leave.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Filed: Citizen (apr) Country: Australia
Timeline

I've been defintely filing my taxes since 2006 when i moved here. I am looking into citizenship as i am allowed to apply this May.. this is the only better option not to be always worried how long i got to be away for.. inwhich depends on how many times my hubby has to go to afghanstain/deployment.

Thanks for all your help and insight into the matter guys. Greatly appreciated

Cheers

Carolyn

:thumbs:

8th of May 06- K1 Visa Approved - phew

12th of June 06- Arrived in USA san fran- yeaaaaah!

1st of July 06- moved to tampa florida

15th of July 06- Applied for SSN

2nd of August 06- SSN arrives in mail!! woohoo

2nd of September 06- Max and I are married at Holy trinity Catholic church, el dorado California!!!

10th of October 06- package sent off

15th of November 06- Case trasnfered to Cali

21st of November 06- biometrics

8th of January 2007- AP approved

16th of January 07 - EAD approved

29th of July 07- OMIGAWD the welcome email- GC approved with no interview!!!

8th of August 07- GC in possession

1st of May 09- Submitted I 751 package

6th of June 09- received Biometrics letter for 30th of June 09 for Yuma AZ office

24th of June 09- Walked in for Biometrics.. they took me :-)

16th of July 09- received my congratulations letter!!!

21st of July 09- Had my 10 GC in my hands!!!

SO BLESSSED!

wedding pics www.freewebs.com/maxandcarolynwedding

US CITIZENSHIP JOURNEY

28th of April 10- sent off N400 Package

7th of May 2010- NOA rec'd

1st of June 2010- NOA Biometrics rec'd

10th of June2010- Finger print appointment

2nd of June 2010 - Walked in and done my fingerprints early :-)

15th of July- interview notice 12th of August(laywer arranges early interview)

19th of July- interview- PASSED

23rd of July- OATH CEREMONY!!!! YAY

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