living in india?

[neel06 0]

First of all... I am visiting visajourney after years.... hope to find members from those days

anyhow, my husband wants me to consider moving to India (I have considered it and it ain't happening )

My daughter and I are both U.S born citizens and my hubby is a green card holder. If we were to go to India how long can we all stay without impacting our citizenship and his permanent residency?

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[Jojo92122 1,924]

You and your daughter can be outside the US as long as you like. US citizens do not lose their status when they're absent from the US.

Your LPR husband will lose his status if he intends to give up his home in the US and move permanently to India. There is no specific amount of time that an LPR can be outside the US and still retain his LPR status.

Read this: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

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

1. Move to another country intending to live there permanently

2. 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

3. 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

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

5. Declare yourself a “nonimmigrant” on your tax returns

Edited October 17, 2011 by Jojo92122

[Saddle Bronc 124]

Solution: Ask him to wait until he naturalises before considering this move--in the meantime, apply for PIO (yourself) and OCI (children) and let him apply for OCI post-natrualisation.