Questions about CR-1 / Green Card obligations

[Buckybuck 0]

Hi all,

I am a US citizen living in the US. My wife is living in Hong Kong and is on track for CR-1 visa and we just have our interview scheduled in July. Very excited after this long journey. I have some questions regarding CR-1/Green Card obligations for my wife to travel freely in and out of the US. Assuming our CR-1 process is completed and Visa is granted after the interview.

So far these are the info I have read from USCIS website/VS forum regarding CR-1/Green Card,

- Temporary GC is granted (I-551) after first entry to the US at POE. This temporary stamp is valid for 1 year.

- SSN will be mailed to us and Green Card will also come in mail in about a month.

- We need to lift the CR status 90 days before our 2nd anniversary.

So here are my questions - my wife still have a job assignment to finish and it ends in September 2011. In order to maintain her US legal resident/green card status, what are the obligations and limitations?

I have read that once the green card is issued it's OK for my wife to stay outside of the US if the period is less than 1 year. If it's going to be more than a year, then we need to apply for I-131 (re-entry permit). So let's say we got our CR-1 visa in July 2010 and she make her first entry in October 2010 (within the 6 month CR-1 visa validation period), then go back to Hong Kong for her job assignment before the Green Card is mailed to us. Given that her assignment will end in September 2011 and then be able to move to the US for good, Is it still OK without getting into all kinds of complication?

Since I think if her first entry to the US is going to be October 2010, coming back to the US in September in 2011 should be OK (less than 1 year outside of the US) . I will still be living in the US during that time of separation (yes I know this sucks since we waited this long for the visa process, but sometimes things happen. We do want to live happily in the US after all!) I will be able to get her Green Card in the mail while she's gone and I can travel to Hong Kong and give her the Green Card for her next entry to the US.

Sorry for this long blurb. I just want to make sure if my wife and I are making the right move and not getting ourselves in other complications later on.

Thanks in advance.

Regards,

Bucky

[pushbrk 12,898]

Hi all,

I am a US citizen living in the US. My wife is living in Hong Kong and is on track for CR-1 visa and we just have our interview scheduled in July. Very excited after this long journey. I have some questions regarding CR-1/Green Card obligations for my wife to travel freely in and out of the US. Assuming our CR-1 process is completed and Visa is granted after the interview.

So far these are the info I have read from USCIS website/VS forum regarding CR-1/Green Card,

- Temporary GC is granted (I-551) after first entry to the US at POE. This temporary stamp is valid for 1 year.

- SSN will be mailed to us and Green Card will also come in mail in about a month.

- We need to lift the CR status 90 days before our 2nd anniversary.

So here are my questions - my wife still have a job assignment to finish and it ends in September 2011. In order to maintain her US legal resident/green card status, what are the obligations and limitations?

I have read that once the green card is issued it's OK for my wife to stay outside of the US if the period is less than 1 year. If it's going to be more than a year, then we need to apply for I-131 (re-entry permit). So let's say we got our CR-1 visa in July 2010 and she make her first entry in October 2010 (within the 6 month CR-1 visa validation period), then go back to Hong Kong for her job assignment before the Green Card is mailed to us. Given that her assignment will end in September 2011 and then be able to move to the US for good, Is it still OK without getting into all kinds of complication?

Since I think if her first entry to the US is going to be October 2010, coming back to the US in September in 2011 should be OK (less than 1 year outside of the US) . I will still be living in the US during that time of separation (yes I know this sucks since we waited this long for the visa process, but sometimes things happen. We do want to live happily in the US after all!) I will be able to get her Green Card in the mail while she's gone and I can travel to Hong Kong and give her the Green Card for her next entry to the US.

Sorry for this long blurb. I just want to make sure if my wife and I are making the right move and not getting ourselves in other complications later on.

Thanks in advance.

Regards,

Bucky

You apply to remove conditions during the 90 days preceding the second anniversary of her US entry with the CR1 visa, not your second wedding anniversary. Here is a link to what it takes to maintain permanent resident status.

http://tinyurl.com/yet8jyo

Bear in mind also that she has six months to use the visa after its issue date.

[Buckybuck 0]

You apply to remove conditions during the 90 days preceding the second anniversary of her US entry with the CR1 visa, not your second wedding anniversary. Here is a link to what it takes to maintain permanent resident status.

http://tinyurl.com/yet8jyo

Bear in mind also that she has six months to use the visa after its issue date.

Thanks for the link. Just through some extra searching I also found this link about tips retaining green card

http://www.***removed***/greencard/retain-greencard.html

So, does my assumption in the first post makes sense and sounds logical without any complication?

Thanks

[VanessaTony 3,567]

There's always the possibility of complication. While the rules state that you don't need a re-entry permit if it's under 1 year of staying out, the rules ALSO state that ANY absence can be considered abandonment of LPR status, depending on the circumstances. I don't personally think her's sounds bad.

So, in order to make sure it doesn't come to that, see about getting her added to your bank accounts, and phones and bills etc. Same with adding her to the lease. If you add her to your credit card (as an authorised user, and add her SSN) then she will start building a credit history (make sure it's paid off of course or she gets a bad history.

You want them to know she LIVES in the US but is stationed overseas at the moment for her job. You not being with her should help with that as you are maintaining the residence.

Good luck.

**Edit - also, bear in mind that she is resetting the USC clock (if she wants it) so she will have to wait longer to apply (there's stuff about it around, I'm just too tired to find it for you right now).

[pushbrk 12,898]

There's always the possibility of complication. While the rules state that you don't need a re-entry permit if it's under 1 year of staying out, the rules ALSO state that ANY absence can be considered abandonment of LPR status, depending on the circumstances. I don't personally think her's sounds bad.

So, in order to make sure it doesn't come to that, see about getting her added to your bank accounts, and phones and bills etc. Same with adding her to the lease. If you add her to your credit card (as an authorised user, and add her SSN) then she will start building a credit history (make sure it's paid off of course or she gets a bad history.

You want them to know she LIVES in the US but is stationed overseas at the moment for her job. You not being with her should help with that as you are maintaining the residence.

Good luck.

**Edit - also, bear in mind that she is resetting the USC clock (if she wants it) so she will have to wait longer to apply (there's stuff about it around, I'm just too tired to find it for you right now).

Should work OK particularly if she comes back to the USA for at least a short visit. It will also help if you travel with her when she makes that return at the end of her job.

[Darnell 8,478]

is she a domestic worker in hong kong, a foreign worker with work contract?

IF SO, review the work contract, 'see' what the 'break contract' clause is, and any monetary reimbursement to the contracting agency.

IMO, if it's less than 10,000 USD to get out of the contract, and if it's 'as a domestic worker' - yer money ahead to break the contract. IMO, it's worth it, to have yer wife by yer side.

If it's not as a 'domestic worker', and say, she's working in the financial industry with commissions to be paid, then never mind my advice.

Good Luck !

[Buckybuck 0]

Thanks all. Those are some good advices especially getting her to establish credit here in the US and such.