What about my residency?

[iseult 0]

Hello! I'm American, he's from the EU.

So having finally found a sponsor, seeing as I can't do it with no home or money in the United States, we're looking to do DCF in London. The CR1 seems to be the quickest way so we can get back to the US and get him working asap.

I have a couple of questions, though.

1) Does the co-sponsorship still work the same as if it would with visas filed from the US? One of my friends offered to do it for us.

2) We intend to move between the United States and Europe, so is this possible? I have 2 year residency in the Europe for my seasonal job there. I don't want to give that up, and plan to return to the every summer.

Thanks! I'm sure more questions are to come...

[Penguin_ie 5,995]

1. Yes, exactly the same

2. You can do whatever you like. Your husband, the (future) greencard holder, will have to be resident in the USA; he can go to Europe for a couple of months in the summer, but must spend more time inside the USA than out.

[Turbota 11]

Your husband, the (future) greencard holder, will have to be resident in the USA; he can go to Europe for a couple of months in the summer, but must spend more time inside the USA than out.

Here is a pretty good read about that:

Traveling Outside the U.S. as a Legal Permanent Residence (LPR) .... “Green Card” Holder

It is an all too common situation - After all the bureaucratic red tape, a person finally obtains lawful permanent residence status (ie: a “green card”) in the U.S. only to find they still have business or family concerns that will keep them outside of the U.S. for an extended period of time. Often, the lawful permanent resident (LPR) will try to re-enter the U.S. only to have an INS official tell them they have abandoned their permanent residence status do to there absence. While an extended absence alone is not grounds for revoking permanent residence status, it is one factor the INS considers very important. Therefore, when planning an extended trip abroad, it is necessary to plan ahead to avoid possible abandonment of status on your return.

Among the many factors that influence the decision on abandonment are the length and reason for the absence, and also the number and type of connections the LPR maintains in the U.S.

A commonly held but mistaken assumption is that a short visit every year to the U.S. will preserve there LPR status.

While an LPR needs only the green card to re-enter the U.S. after an absence of less than 1 year, this is not enough to indicate the intent to remain a resident of the U.S.

Rule of Thumb:

1. An LPR should not remain out of the country for more than about 5 months continually at any one time, and no more than 5 months total in any given 12 month period of time. If the absence is for family or personal reasons, it should be well documented as to why she had to leave the country.

2. Continue filing tax returns in the U.S. Failure to file a return is almost always considered a sign that LPR status has been abandoned. An IRS tax return can be filed “jointly” with the LPR’s husband even if she is not working.

3. The LPR should also maintain an “active” bank account and credit cards in the U.S.

4. The LPR should also continue to renew their U.S. driver’s license.

5. If possible the LPR should purchase property in the U.S. in her and her husbands name (this could be a vehicle or real property)

It is important that the LPR traveling abroad for an extended period is prepared to document her intent to remain a U.S. resident if questioned by immigration or consular officials. One of the best ways to do this is carry copies of relevant documents that can be presented to the imigration officials upon her arrival back in the U.S.

Among these documents should be copies of past tax returns, deeds or titles showing property ownership, records of bank account activity, relevant letters from employers, and letters explaining the purpose of the extended absence.