Temporary green card.. how long do i have to stay in US

[ZahidAntara 1]

Hi, My wife came to US two and half months ago...and she already received her Temporary Green Card. also got are SS... and Virginia ID..but she needs to go back home to see her Mom, who is in the Hospital...as far as a I know there should not be any problem for her to leave US and visit Bangladesh.. Just wondering is there any requirement for her that she need to follow..(when she can leave? how long she can leave?) will there be any problem for her to come back to US..please advice...

thanks

Edited December 23, 2011 by ZahidAntara

[TimeTravel 78]

How long she is planning to go back there? If it is short period or No more than 1 year, then that is fine.

[pushbrk 12,898]

Hi, My wife came to US two and half months ago...and she already received her Temporary Green Card. also got are SS... and Virginia ID..but she needs to go back home to see her Mom, who is in the Hospital...as far as a I know there should not be any problem for her to leave US and visit Bangladesh.. Just wondering is there any requirement for her that she need to follow..(when she can leave? how long she can leave?) will there be any problem for her to come back to US..please advice...

thanks

She's free to travel. Best if she doesn't leave for more than six months but technically, she can leave for up to a year without any special requirements.

[JulzNam 0]

Hi,

I found this info on visa journey that might help anyone who is looking up such info. My question is, where can I find the information about if my spouse can leave for 6-12 months w/o special requirements? Or perhaps the rules are now different:

http://www.visajourney.com/faq/k1k2visa-aos.html#6.7

6.7)...Can my spouse leave the United States, and then re-enter, before receiving the Green Card (conditional permanent residency)?
A...The spouse cannot re-enter the US unless they have "advance parole" authorization (application form I-131). Advance parole allows you to re-enter the US before approval of Adjustment of Status. Without advance parole approval, leaving the United States is considered an abandonment of your application for Adjustment of Status. Without advance parole approval, the USCIS (INS) will consider you an intending immigrant without a valid visa, and you will be denied entry. If you do not apply for advance parole when you file for Adjustment of Status, contact your local USCIS (INS) office to find out how long it takes them to issue Advance Parole. Although advance parole is supposed to be issued to anyone who wants it for any reason at all, some local USCIS (INS) offices may take weeks or months, and may require proof of a serious emergency.

If you have left the US without advance parole approval, you will most likely have to apply for a "spousal visa" (I-130 Petition for Alien Relative) to re-enter the US. This can take months. Any other legal remedies through US Consulates will be time-consuming as well.

Current policy is that Advance Parole applications are sent to a national address for initial processing. In some cases your local office may accept these applications. It is worth calling them to check if this is possible. If so they be able to process the application faster. In emergencies a local office is able to process them locally without having to file the application with the national address. Contact them for more information.

[newacct 688]

Hi,

I found this info on visa journey that might help anyone who is looking up such info. My question is, where can I find the information about if my spouse can leave for 6-12 months w/o special requirements? Or perhaps the rules are now different:

http://www.visajourney.com/faq/k1k2visa-aos.html#6.7

6.7)...Can my spouse leave the United States, and then re-enter, before receiving the Green Card (conditional permanent residency)?

A...The spouse cannot re-enter the US unless they have "advance parole" authorization (application form I-131). Advance parole allows you to re-enter the US before approval of Adjustment of Status. Without advance parole approval, leaving the United States is considered an abandonment of your application for Adjustment of Status. Without advance parole approval, the USCIS (INS) will consider you an intending immigrant without a valid visa, and you will be denied entry. If you do not apply for advance parole when you file for Adjustment of Status, contact your local USCIS (INS) office to find out how long it takes them to issue Advance Parole. Although advance parole is supposed to be issued to anyone who wants it for any reason at all, some local USCIS (INS) offices may take weeks or months, and may require proof of a serious emergency.

If you have left the US without advance parole approval, you will most likely have to apply for a "spousal visa" (I-130 Petition for Alien Relative) to re-enter the US. This can take months. Any other legal remedies through US Consulates will be time-consuming as well.

Current policy is that Advance Parole applications are sent to a national address for initial processing. In some cases your local office may accept these applications. It is worth calling them to check if this is possible. If so they be able to process the application faster. In emergencies a local office is able to process them locally without having to file the application with the national address. Contact them for more information.

This is irrelevant. This is about people before getting a green card. Your wife has a green card.

[Dave&Roza 748]

Hi, My wife came to US two and half months ago...and she already received her Temporary Green Card. also got are SS... and Virginia ID..but she needs to go back home to see her Mom, who is in the Hospital...as far as a I know there should not be any problem for her to leave US and visit Bangladesh.. Just wondering is there any requirement for her that she need to follow..(when she can leave? how long she can leave?) will there be any problem for her to come back to US..please advice...

thanks

Just to pick nits here, but there is no such thing as a temporary GC. She has a CONDITIONAL GC that is valid for 2 years. The difference between the 2 year GC and the 10 year GC is that the LPR status expires when the GC expires for a CONDITIONAL LPR. The LPR must file for ROC to remove the conditions on the GC. Other than that it is the same as a 10 year GC with the same rights and responsibilities--i.e. filing taxes, travel abroad, time spent outside the US, etc.

For trips less than 6 months there is no problem. For trips between 6 months and 1 year usually are not a problem, but the CBP employee can use extra scrunity to ensure the LPR is actually a resident of the US and not another country. For trips from 1 year to 2 years requires a re-entry permit to be applied for BEFORE leaving the US. Trips of more than 2 years and you can kiss the GC good-bye.

Hope this helps,

Dave

[scienceworks 64]

Trips of more than 2 years and you can kiss the GC good-bye.

Hope this helps,

Dave

If you can get an advance parole for more than 2 years, there won't be a problem.

[Dave&Roza 748]

If you can get an advance parole for more than 2 years, there won't be a problem.

Actually the re-entry permit is valid for only 2 years. If you are going to be outside the US for more than 2 years, you need to apply for a SB-1 visa (returning resident visa) at the nearest US Embassy or Consulate abroad. This is the link to the USCIS website with the information about a LPR and travelling. It clearly states that even if you apply for a re-entry permit, you are not guaranteed entry into the US, but it does help. Maybe you can keep the GC, but it is not going to be easy.

Dave

[scienceworks 64]

Hmm. I never knew. Thanks

[NikLR 13,227]

Technically the visa in the passport turns into a temporary green card once endorsed at POE that is valid for 1 year until. But I don't think the OP meant the temporary one in the passport.

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Working & Traveling During US Immigration.