10 year green card travel restrictions?

[miker32us 6]

My wife has her 10 year greencard but we have just learned her mother has cancer and we will be going back to Taiwan for an indefinite period soon. It appears the N-400 times are 6-9 months from the time the application is submitted to the oath ceremony so we do not think there is enough time to apply for her citizenship. How long can we stay in Taiwan before having to show some type of evidence that we are not abandoning her residency. What form do we need to complete and do we need to do it before leaving the US?

[payxibka 10,047]

My wife has her 10 year greencard but we have just learned her mother has cancer and we will be going back to Taiwan for an indefinite period soon. It appears the N-400 times are 6-9 months from the time the application is submitted to the oath ceremony so we do not think there is enough time to apply for her citizenship. How long can we stay in Taiwan before having to show some type of evidence that we are not abandoning her residency. What form do we need to complete and do we need to do it before leaving the US?

less than one year, no form required.. More than one year, a re-entry permit (I-131) before she leaves...

but it is best to try to keep the trip under 6 mos. if citizenship in the near future is desired.

[warlord 73]

My wife has her 10 year greencard but we have just learned her mother has cancer and we will be going back to Taiwan for an indefinite period soon. It appears the N-400 times are 6-9 months from the time the application is submitted to the oath ceremony so we do not think there is enough time to apply for her citizenship. How long can we stay in Taiwan before having to show some type of evidence that we are not abandoning her residency. What form do we need to complete and do we need to do it before leaving the US?

The general thing is 6 months and you have to keep all ties and still reside in the US during that time. This means keeping your home (apt) etc and paying your bills like you were still living there and going on vacation. If found to be living outside the US and not having ties, you risk losing your Green Card (regardless how long you were away). Generally though they will give some consideration to cases where taking care of a sick family memeber will not abandon your Green Card status. Your clock will reset however and if you are considering applying for citizenship down the road you will have to wait a much longer period then if you apply for it and get it now. Not being the case, you could be setting yourself back quite a bit.

If she could go visit for a few months, come back for a few months, then go back etc then that wouldn't set off any flags. Best bet is to check your processing times. Seems kind of long for the filing to the oath cermemony (6-9) months, so might want to get a more accurate timeline from others in your district (if you haven't already).

Generally if you keep your ties to the US and are not out longer then a 6 month period then you should be fine (if you don't work at all over there, or if you work for a US based company), the IO would have to prove that you abandoned your residency. Over 6 months is when you will have to prove to the IO that you have not abandoned your residency so it can become harder after that time.

But like I've said many IO's from what I've heard seem to give more a leniency towards people that are tending to sick relatives. Just have proof that's what you are actually doing, like their medical records or something like that. Another option is to make an Infopass appointment and talk directly with them about your situation...

[Brother Hesekiel 2,236]

+1 to Warlord.

I see your wife is eligible to file for citizenship immediately. In many cases it only takes 3 months, so that would be your very best line of action.

P.S.

Does Taiwan as part of the R.o.C. allow dual citizenship?

Edited July 7, 2010 by Just Bob

[celiothrkn 0]

P.S.

Does Taiwan as part of the R.o.C. allow dual citizenship?

Yes, you may hold both US citizenship and "R.O.C. citizenship."

You cannot hold both US citizenship and P.R.C. citizenship though.

[Terry Martin 1]

It sounds as if 6 months should be enough time for this situation. The question is, once the 6 months are up, and the thread starter has returned, how soon may they return to Taiwan if they so wished?