Got my greencard - leaving in Feb for 7 months

[AlinaH 38]

I know these kinds of questions have been answered before, and I did search it and read lots of helpful things, but I need someone to either reassure me that this is going to be okay, or tell me that it's definitely not.

I got my GC last week. Hubby and I had our civil ceremony in June, however we were always planning on having a much bigger, more formal, more religious "wedding" in Canada this coming August. I was already planning on going up with hubby early, say May or June, to prepare for the "wedding".

Now I've been offered several months of full-time work at my previous job in Canada, starting in Feb. For various reasons, it's not really working out for me to get a job here right now, and hubby is a substitute teacher still working on his teaching credentials, so me having some full-time work, however not ideal it is, would really help us out!

My sister also just had her first baby and I know that they could really use the help looking after her.

So, I would go up in Feb sometime, hubby would come up in June, and then we would both drive back to Cali in August. I'll be gone for about 7 months, and hubby will be there for the last two.

Is that going to cause me any issues? I know I don't need a re-entry permit for less than a year, but I see some people saying that anything more than six months is too long. Is that true, or just their paranoid opinion?

Does it make it worse that I have employment in Canada while I'm gone? Does it make it any better that I am also going with the intention of helping my sister?

I could really use some sound advice!

[NancyNguyen 1,657]

If you go for more than 6 months, you need re-entry permit to come back.

And I heard that IO at POE could deny your reentry if we leave too long (over 6 months), because it seems like we don't care much about residency.

[AlinaH 38]

If you go for more than 6 months, you need re-entry permit to come back.

And I heard that IO at POE could deny your reentry if we leave too long (over 6 months), because it seems like we don't care much about residency.

Well, I'm pretty sure it's a year before I need my reentry permit.

[ceadsearc 516]

It is a year for a reentry permit. But even for less you need to prove you are maintaining residency. Getting a job abroad and leaving the country for 7 months immediately after receiving your green card isn't going to look great. But if it's a one-time thing you'll probably be fine. I assume you will be keeping a residence, bank account, etc. in the US during this time?

[MochiKamo 93]

Would it be feasible to make this into a couple shorter trips? Though honestly I don't know for certain if that will make a difference. But then again, personally I don't think 7 months would be a problem.

For example, I've heard that some people get around the 90 day VWP duration in Japan by taking a short trip to S. Korea and then coming back. This effectively resets the clock on the time there. Of course making a habit of this kinda thing is bad, a one time occurrence may not set off any alarms. Don't know if such shenanigans will do any good here.

Additionally, there might be some tax implications here. There is a tax treaty between Canada and the US but there are some situations where you'd still have to pay US taxes on the difference if for some reason your US tax liability was higher. Though that's probably very unlikely.

It's kind of hard to imagine that not long ago one would go to Canada (and Mexico) by just waving a driver's license at the CBP! Oh the good old (simpler) times.

[love100 0]

Well, I'm pretty sure it's a year before I need my reentry permit.

It's a year but immigration officers do not like when a green card holder spends more time in another country thant in Usa in a year. I heard about other cases where immigration will hold you in a room and ask you a lot of questions!! you will have to show them that you have strong ties to USA and not ties like a bank account (anyone can go to a bank an open an account). Ties like properties, a job, etc.

[VanessaTony 3,567]

Agree with ceadsearc.

They're unlikely to hold this ONE trip against you. While it's true 6 months absence CAN be used against you, they don't usually use the first one. You have valid reasons for going back for a bit though.

Bear in mind also that visits outside the US of more than 6 months pause your naturlization clock. Meaning it will be longer until you can apply for USC. I would personally return under the 6 months.

[jingo 38]

Its so ridiculous, for a short visit to the states you need to prove ties to your home country then when you move here and live here, you need to prove that you won't leave. Why are they so ridiculously strict? A person should have the right to go back to their home country without losing all the privileges that we paid a lot of fees and waited many months for.

[Brother Hesekiel 2,236]

So, I would go up in Feb sometime, hubby would come up in June, and then we would both drive back to Cali in August. I'll be gone for about 7 months, and hubby will be there for the last two.

Is that going to cause me any issues? I know I don't need a re-entry permit for less than a year, but I see some people saying that anything more than six months is too long. Is that true, or just their paranoid opinion?

Does it make it worse that I have employment in Canada while I'm gone? Does it make it any better that I am also going with the intention of helping my sister?

Agreeing with Vanessa&Tony:

This one gig they won't hold against you. It's a bit unfortunate that you just got your Green Card and see that you get the hell out of Dodge City when you should be celebrating that you are now a permanent resident of the best country in the world, but I understand where you are coming from.

[Brother Hesekiel 2,236]

Its so ridiculous, for a short visit to the states you need to prove ties to your home country then when you move here and live here, you need to prove that you won't leave. Why are they so ridiculously strict? A person should have the right to go back to their home country without losing all the privileges that we paid a lot of fees and waited many months for.

Not so, mate!

They are not ridiculously strict. Nobody gets their balls squeezed when coming back from a vacation. I make very good money, but I couldn't afford going on a vacation that lasts many months, and if I were unemployed, I couldn't afford having such a long one either. I'd be looking for a new job instead. What the immigration people trying to prevent is that somebody abuses their Green Card as a visitor's visa, just shows up once or twice a year for a few weeks and then leaves again. I'm in full support of that.

[jingo 38]

I hope you're right, I just thought a temporary 2 year Green card must be revoked if you choose to return home for a while ie. more than several months. I want the freedom of being able to live between the two places without immigration being suspicious of me.

[ceadsearc 516]

I hope you're right, I just thought a temporary 2 year Green card must be revoked if you choose to return home for a while ie. more than several months. I want the freedom of being able to live between the two places without immigration being suspicious of me.

It isn't just the 2-year green card, the same residency requirements apply for the 10-year card as well. Applying for a green card is saying that you are going to make the United States your primary residency, not that the US will be one of several. That doesn't mean you can't visit your home country as you please - even for extended periods of time, occasionally - but the US needs to be your permanent residence. As was mentioned above, in many cases the other things that help prove the residency of a green card holder (like a job) are hard to maintain if the PR is frequently out of the country.

The ability to come and go for however long you please is a privilege exclusive to citizens. Once naturalized, you can stay out of America as long as you want. But a permanent resident must permanently reside in America.

[AlinaH 38]

Thanks for all the replies. I think I feel better about it. I guess the best thing I can do now is just figure out the best way to prove that I still have ties to the US. I really wasn't planning on being gone for so long, and yeah, I wish it wasn't RIGHT after I got my greencard. I agree that looks bad. I'm just not really sure what else to do I guess.