Travel Restrictions After Getting CR-1 Visa?

[sctdixon 6]

I really haven't seen a clear cut answer to this question floating around my mind, so here goes:

After my wife does her initial POE, receives her GC & SSN, is there any restrictions or limits on her to travel outside of the US? In other words, does she HAVE to remain in the US for any specific period of time before leaving again?

Keep in mind we will be residing in the US and maintaining a residence there but we vacation (4 months a year) and like to go everywhere & anywhere.

I appreciate any helpful comments.

[Inky 1,110]

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

Staying outside the USA 6 months or longer can cause problems with re-entry. CBP has sole discretion as to if they feel you are not maintaining residency and can take your green card from you at the border.

Staying outside the USA longer than 6 months resets the clock for US citizenship ability.

http://www.uscis.gov/USCIS/Office%20of%20Citizenship/Citizenship%20Resource%20Center%20Site/Publications/PDFs/G-1151.pdf

Travel limits are regarded as part of maintaining permanent residency. Need to look up / research maintaining residency instead of looking at it as "can I travel".

[sctdixon 6]

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

Staying outside the USA 6 months or longer can cause problems with re-entry. CBP has sole discretion as to if they feel you are not maintaining residency and can take your green card from you at the border.

Staying outside the USA longer than 6 months resets the clock for US citizenship ability.

http://www.uscis.gov/USCIS/Office%20of%20Citizenship/Citizenship%20Resource%20Center%20Site/Publications/PDFs/G-1151.pdf

Travel limits are regarded as part of maintaining permanent residency. Need to look up / research maintaining residency instead of looking at it as "can I travel".

Yes I know what you are saying. We/she will not be gone longer than 6 months. I'm talking about vacations (IE: 3 weeks, 1 month, etc) and if there is anything to worry about.

[BBCC 16]

She can leave the US on the day of her POE using the temp green card in her passport.

As those have already said, if she is gone less than six months then the border officer will not question her status upon her return to the US. We know this ourselves as we did just that...departed the US on the same day as our POE and have returned twice in the five weeks we have had our CR-1. We come and go as we please and haven't had any problems. You'll be fine.

If you're gone more than six months but less than 12 months, you raise the risk of scrutiny by the arriving officer. It begins to become a gamble at this point. Many people have not had a problem when gone this long, some have been questioned by allowed to continue.

It is when you're gone longer than 12 months that it begins to become a problem. You are supposed to apply for Advance Parole prior to departure if you know ahead of time you need to be gone for more than 12 months.

[sctdixon 6]

She can leave the US on the day of her POE using the temp green card in her passport.

As those have already said, if she is gone less than six months then the border officer will not question her status upon her return to the US. We know this ourselves as we did just that...departed the US on the same day as our POE and have returned twice in the five weeks we have had our CR-1. We come and go as we please and haven't had any problems. You'll be fine.

If you're gone more than six months but less than 12 months, you raise the risk of scrutiny by the arriving officer. It begins to become a gamble at this point. Many people have not had a problem when gone this long, some have been questioned by allowed to continue.

It is when you're gone longer than 12 months that it begins to become a problem. You are supposed to apply for Advance Parole prior to departure if you know ahead of time you need to be gone for more than 12 months.

Thanks for your answer. This brings up the next question. Is the magical six months consecutive or accumulative for a one year period?

[TJL 89]

On 3/20/2012 at 11:00 AM, sctdixon said:

Thanks for your answer. This brings up the next question. Is the magical six months consecutive or accumulative for a one year period?

Did you ever find out if this was consecutive or accumulative?  I'm curious, myself.  My Wife and I intend to travel back and forth from USA to Philippines every couple of months.  I'm curious as to what you found out.  Thanks!

[payxibka 10,045]

2 minutes ago, ThomasLyon said:

Did you ever find out if this was consecutive or accumulative?  I'm curious, myself.  My Wife and I intend to travel back and forth from USA to Philippines every couple of months.  I'm curious as to what you found out.  Thanks!

It is consecutive.  However,  a short step back into the USA may not reset the clock.

[pushbrk 12,892]

On 3/19/2012 at 12:43 PM, sctdixon said:

Yes I know what you are saying. We/she will not be gone longer than 6 months. I'm talking about vacations (IE: 3 weeks, 1 month, etc) and if there is anything to worry about.

Nothing to worry about but be aware that each night out of the US adds a day to when she will qualify to Naturalize.  If she's gone 4 months a year, it's going to take 4 years and four months to qualify instead of 3 years.  

 

[R&OC 371]

On 4/13/2019 at 2:24 AM, pushbrk said:

Nothing to worry about but be aware that each night out of the US adds a day to when she will qualify to Naturalize.  If she's gone 4 months a year, it's going to take 4 years and four months to qualify instead of 3 years.  

 

That is interesting - I had assumed and thought I read somewhere that one had to stay in the US for the majority of the time before applying for naturalization. I didn't know the days outside the US would be tagged on to the 3 or respectively 5 years. Meaning, I am working internationally (and being taxed in the US on my international income): All the days on business travel count against me? I am already trying to minimise travel as is but I cannot eliminate it all together.

[Lil bear 4,217]

On 4/12/2019 at 7:24 PM, pushbrk said:

Nothing to worry about but be aware that each night out of the US adds a day to when she will qualify to Naturalize.  If she's gone 4 months a year, it's going to take 4 years and four months to qualify instead of 3 years.  

 

Can you help me understand what you’re saying here ? I’ve read the USCIS information on eligibility and don’t get the sense that absences under 12 months add extra time to the 3 years. I see the continued residence of 3 years.. which is not interrupted by trips of less than 12 months , and the physical presence of 18 months in the previous 3 years ... but I can’t seem to see the requirement  you are referring to. 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter3.html

 

thx !! 

[pushbrk 12,892]

20 minutes ago, Lil bear said:

Can you help me understand what you’re saying here ? I’ve read the USCIS information on eligibility and don’t get the sense that absences under 12 months add extra time to the 3 years. I see the continued residence of 3 years.. which is not interrupted by trips of less than 12 months , and the physical presence of 18 months in the previous 3 years ... but I can’t seem to see the requirement  you are referring to. 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter3.html

 

thx !! 

Maybe it's you interpretation or complete reading.  If you leave more than six months, you start at zero.  Read this in the worksheet for naturalization.

 

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

 

Edited April 14, 2019 by pushbrk

[pushbrk 12,892]

50 minutes ago, R&OC said:

That is interesting - I had assumed and thought I read somewhere that one had to stay in the US for the majority of the time before applying for naturalization. I didn't know the days outside the US would be tagged on to the 3 or respectively 5 years. Meaning, I am working internationally (and being taxed in the US on my international income): All the days on business travel count against me? I am already trying to minimise travel as is but I cannot eliminate it all together.

Don't assume.  Read again, read more, or just take what I told you as correct.  Additionally, being gone six months or more resets the calendar to zero.  You're right about spending the majority of time in the US but that's for maintaining residency, not naturalization.  Two different subjects, but four months out per year is inside that.

Edited April 14, 2019 by pushbrk

[Lil bear 4,217]

5 hours ago, pushbrk said:

Maybe it's you interpretation or complete reading.  If you leave more than six months, you start at zero.  Read this in the worksheet for naturalization.

 

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

 

I agree totally with over 6 months in a single absence disrupting continuity of residency ... but less than 6 months doesn’t from what I read. But multiple trips less than six months each MAY cumulatively be a problem for the physical presence test on its own. 

[Gitana 11]

5 hours ago, pushbrk said:

Maybe it's you interpretation or complete reading.  If you leave more than six months, you start at zero.  Read this in the worksheet for naturalization.

 

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

 

please would you point where exactly is written about setting clock to zero? i seem to find only 18 month continuous residence preceding the filing

 

[Lil bear 4,217]

36 minutes ago, Gitana said:

please would you point where exactly is written about setting clock to zero? i seem to find only 18 month continuous residence preceding the filing

 

https://citizenpath.com/continuous-residence-physical-presence-requirements/

 

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

 

for the second link scroll down to section C .   Breaks in continuous residence 

 

Unfortunately these policies are scattered through different sections ... be a whole lot easier if there was one complete section !! 😬🤪

 

Edited April 14, 2019 by Lil bear