Staying out of the country for more than 6 months?

[medusa13 0]

Hello everyone,

I'm in absolute need of your advice because I have nowhere else to turn. This forum has been really helpful throughout the process of getting my green card and I really appreciate all the support.

I moved to USA from Greece in 2007 to be with my fiancee, got married, got my green card in 2008 and unfortunately after 4 years of marriage, my relationship doesn't work anymore and we are seperated. We have a 3 year old precious boy and our plan for the next few years was that I spend sometime in Greece with our son, and then we spend sometime in the USA all together. I guess my question is, what are the consequences if I stay in Greece for more than 6 months (let's say around 8 months) and then try to re-entry the country with my son. Do you have any experience with that? And do you think it would make it easier and less complicated to travel back and forth if we just got divorced, I gave up my premanent residency and traveled with a tourist visa? I have no idea what is the proper way to go with this and I am so depressed and confused. Thanks for any replies.

Edited June 27, 2012 by medusa13

[Caryh 5,206]

Do not make these kind of decisions while you're "depressed and confused". Give yourself some breathing room then decide how to move forward.

[JohnR! 5,495]

Hello everyone,

I'm in absolute need of your advice because I have nowhere else to turn. This forum has been really helpful throughout the process of getting my green card and I really appreciate all the support.

I moved to USA from Greece in 2007 to be with my fiancee, got married, got my green card in 2008 and unfortunately after 4 years of marriage, my relationship doesn't work anymore and we are seperated. We have a 3 year old precious boy and our plan for the next few years was that I spend sometime in Greece with our son, and then we spend sometime in the USA all together. I guess my question is, what are the consequences if I stay in Greece for more than 6 months (let's say around 8 months) and then try to re-entry the country with my son. Do you have any experience with that? And do you think it would make it easier and less complicated to travel back and forth if we just got divorced, I gave up my premanent residency and traveled with a tourist visa? I have no idea what is the proper way to go with this and I am so depressed and confused. Thanks for any replies.

If you already have your 10 year greencard - i.e. if you have undergone Removal of Conditions - you do not need to give up your greencard. You can leave the US and return, so long as you file a form I-191 before you leave the country. This form allows you to re-enter the US if your stay does not exceed 24 months. If you already have your 10-year greencard you no longer depend on your husband in order to keep your residence in the US.

http://www.uscis.gov/files/form/i-191instr.pdf

http://www.uscis.gov/files/form/i-191.pdf

ON a personal note, I hope you can work it out between yourselves! Good luck!

[VanessaTony 3,567]

Okay you got married in 2008. You are presently married and therefore eligible to file for US citizenship. This means you can live outside the US or inside the US whenever or for however long you want/need. There are other restrictions of course and you'll need to make sure Greece permits dual nationality but this sounds to me, with a child especially, to be the best option.

If you're getting divorced (right now you just said separated) then you need to wait till you've been an LPR for 5 years (minus 90 days) which isn't that far away either I would think.

If citizenship isn't an option for you (whether Greece doesn't allow it or you just don't want it) then the best option for you is to either return (to live) in less than 12 months (no re-entry permit required), or staying out more than 12 months and less than 2 year AS LONG AS you have a re-entry permit (form I-131).

[JohnR! 5,495]

1340840995[/url]' post='5489149']

Okay you got married in 2008. You are presently married and therefore eligible to file for US citizenship. This means you can live outside the US or inside the US whenever or for however long you want/need. There are other restrictions of course and you'll need to make sure Greece permits dual nationality but this sounds to me, with a child especially, to be the best option.

If you're getting divorced (right now you just said separated) then you need to wait till you've been an LPR for 5 years (minus 90 days) which isn't that far away either I would think.

If citizenship isn't an option for you (whether Greece doesn't allow it or you just don't want it) then the best option for you is to either return (to live) in less than 12 months (no re-entry permit required), or staying out more than 12 months and less than 2 year AS LONG AS you have a re-entry permit (form I-131).

Right on the money. It. Is the I-131 which is filed prior to leaving the US, not the I-191.

Mea culpa!!!

Edited June 28, 2012 by Gegel

[medusa13 0]

I can't thank you enough for explaining how it works to me! I really appreciate it. I'll look into the I-131. Thanks again!

[medusa13 0]

Hello it's me again I was just wondering if I should bother with the I-131 or not.

This year, I was out of the country for 3 months already and I'm going out of the country again October through May.

Do you think it's a good idea to go for the I-131? Do you think I need it? I would love to avoid it this time but not sure if they are going to give me trouble re-entering USA in spring. Any input mucho appreciated!

Edited August 9, 2012 by medusa13

[medusa13 0]

anyone?

[Caryh 5,206]

I'm a bit confused about your current status, if you're removing conditions, how are you going to respond to an interview, RFE, biometrics, etc??? And that sounds like you're going to be gone greater than 6 months, possibly 8 months. I'd get the I-131 filed before leaving this time. You've recently spent three months out of country, and you're leaving again for an extended period. Its going to start looking like you've given up residency, so its best if you make clear to them you are not giving up your residency by filing it. The I-131 re-entry permit was designed for coming back if you're gone between 6 months to a year, which is your plan.

[Chi_Gal01 0]

I agree 100% with Caryh, staying out of the country for an extended amount of time might raise questions. You don't want that, I'm sure. You need to get that 1-131 to be on the safe side. If you think getting the I-131 is a hassle, imagine coming back after 6 months and not being let in the country!! Any ideas how you will get out of that mess? As long as you are not a citizen, the re-entry permit is your only option IMHO; unless you actually want to give up your Green Card/residency...Invest in it, it's worth it.

[medusa13 0]

Sorry for the confusion. I've been a green card holder since 2008.

I guess my question was if they count the time you are gone as 12 months within the same calendar year or not. I did look at the instructions for the I-131 and it does state that "If you stay outside the United States for less than 1 year, you are not required to apply for Reentry Permit". hmm....

[Hypnos 6,578]

That is correct, you will not require a re-entry permit if your stay outside of the US will be less than one year.

You will, however, have to prove you maintained your US domicile during this period. Ways to prove this may include: showing you maintained a lease on an apartment / made mortgage payments; paid US taxes; maintained an insurance policy for your vehicle; etc.

Basically you need to show that your trip overseas was for a temporary purpose and that you always intended to return to your residence in the United States.

Without proof of maintaining a US domicile you may be refused entry after being outside of the US for more than six months.

[medusa13 0]

Thanks for replying. I do have more than enough evidence I think (co-own a vehicle, paid taxes, life insurance etc.) but checking other's experiences it looks like I could get in trouble even with all that, so I'll just have to get the I-131 to be on the safe side. Thanks again.