How long before I move to the US after activating my Green Card

[calinight 1]

Hi all, I would greatly appreciate your opinions on the following.

Background: I got a green card through the DV lottery. I activated my green card in Sept 2011 and the plan was to move in Sep 2012. I went back in February for a few weeks just to make sure I wasn't out of the country for longer than 6 months.

Every time I enter the US I get different information about how long I can wait before I move.

Before I moved I was told: you can't stay out of the country for longer than 6 months.

When I went in September 2011, I briefly travelled to Canada and as I was going in again, the border agent told me that I had 12 months to move.

When I went in February 2012, the border agent said "after 2 years you will be expected to spend more time in the US".

Like I said, the plan was to move in September but now because of some complications I may have to delay by another 6 months to a year. Is this going to be an issue?

I recently heard of someone who couldn't get a job initially so ended up moving after 3 years of activating her green card.

Does anyone know something for definite?

Thank you!

[calinight 1]

I'm guessing this is really a grey area if no one knows...

[missicy 87]

As a Green Card holder you are considered a US resident which means that you are expected to reside in the US. Right now you are using your GC to visit US and that is not the purpose of it.

Edited April 29, 2012 by missicy

[Penguin_ie 5,993]

It is a grey area. The general guideline is to spend more time inside the USA than outside, and not more than 6 months at a time outside the USA to be totally save, because as the previous poster said, the greencard is for legal permanent RESIDENTS, not to visit- even if you plan to move over in a few years, that is not good enough. If you spend more than 6 months at a stretch outside, be sure you have prove you reside in the USA (US tax filings, bills, lease to apartment/ deeds to home etc), especialy considering you have spent so little time in the USA since you got the visa. If you spend more than a year outside without getting a re-entry permit, they will yank your greencard for sure.

[calinight 1]

Thanks, I do realise the GC is for residents however as I've obtained it before moving I think there is an understanding that it takes time to uproot one's life and move to another country. It's not the same situation as someone who obtains a GC while living in the US then needs to leave the country for an extended period of time.

The problem is, like Penguin has said, there is no clear guidelines as to how long I have. One border agent said one year, another said 2 years, a friend said he knows someone who took 3 years because he couldn't find suitable employment in the US.

I was just wondering if anyone had any direct experience of this.

Thanks.

[JohnR! 5,495]

1338908331[/url]' post='5420763']

Thanks, I do realise the GC is for residents however as I've obtained it before moving I think there is an understanding that it takes time to uproot one's life and move to another country. It's not the same situation as someone who obtains a GC while living in the US then needs to leave the country for an extended period of time.

The problem is, like Penguin has said, there is no clear guidelines as to how long I have. One border agent said one year, another said 2 years, a friend said he knows someone who took 3 years because he couldn't find suitable employment in the US.

I was just wondering if anyone had any direct experience of this.

Thanks.

As a resident, the presumption is that you take up residence in the US full time. Since your GC is active, as Penguin said, be sure not to spend more than six months away from the US and get here as soon as you can. In the meanwhile do make sure you file your taxes.

[raverz 1]

Just apply for a re-entry permit so u can remain abroad for up to 2 yrs and not be denied entry after that. It usually takes time to 'completely move' and it's not cheap especially for those who live on the other side of the globe.

[aaron2020 11,651]

Hi all, I would greatly appreciate your opinions on the following.

Background: I got a green card through the DV lottery. I activated my green card in Sept 2011 and the plan was to move in Sep 2012. I went back in February for a few weeks just to make sure I wasn't out of the country for longer than 6 months.

Every time I enter the US I get different information about how long I can wait before I move.

Before I moved I was told: you can't stay out of the country for longer than 6 months.

When I went in September 2011, I briefly travelled to Canada and as I was going in again, the border agent told me that I had 12 months to move.

When I went in February 2012, the border agent said "after 2 years you will be expected to spend more time in the US".

Like I said, the plan was to move in September but now because of some complications I may have to delay by another 6 months to a year. Is this going to be an issue?

I recently heard of someone who couldn't get a job initially so ended up moving after 3 years of activating her green card.

Does anyone know something for definite?

Thank you!

As an LPR, you are suppose to make the US your permanent home. You are abusing your LPR status by living in your home country with occasional trips to the US. There is no how long can I live in my home country with a US green card before I have to move. This is not allowed. You have been warned that your current situation is going to get you in trouble of losing your green card. Either move here now or risk losing your green card the longer you maintain your current situation.

Sorry for the honest truth, but you are putting yourself at risk with your current situation. Move to the US and get yourself out of it. The longer this goes on, the bigger the risk IMHO.

[VanessaTony 3,567]

Thanks, I do realise the GC is for residents however as I've obtained it before moving I think there is an understanding that it takes time to uproot one's life and move to another country. It's not the same situation as someone who obtains a GC while living in the US then needs to leave the country for an extended period of time.

The problem is, like Penguin has said, there is no clear guidelines as to how long I have. One border agent said one year, another said 2 years, a friend said he knows someone who took 3 years because he couldn't find suitable employment in the US.

I was just wondering if anyone had any direct experience of this.

No there is no such understanding. People who apply for CR-1 visas are in the same position (and K1's for that matter. Though we don't get the GC on entry and are basically "trapped" in the US from the time we enter until we get AP or the GC). You had the time waiting for a visa number (as soon as you found out you won you should have started winding things down), you had the time during the process, you had 6 months from obtaining the visa. And now you've had almost an entire other year. These aren't short periods of time.

There is no "how long you have" to move here. You completely misunderstand. You are a resident NOW which means you need to be living here NOW. What CBP seemed to be warning you was that soon they'll determine you've spent too much time out and on your next "visit" to the US they could revoke your GC (well send you to an immigration judge to have it revoked). Maybe they were warning you that 2-3 years of your "in and out" was how long you had to do it before they could hold it against you but honestly it doesn't need to be that long, they were being nice. Legally they have the right NOW to revoke your card. You are not living in the US. How are you maintaining your LPR status? You've been filing US taxes I hope, I also hope you've been maintaining a residence here as well as many of the other things that are required.

You are on borrowed time. You need to move here NOW or be prepared to have your card revoked.

Edited July 4, 2012 by Vanessa&Tony