Traveling on GC to China

[Marc&Rosie 0]

Hello to All! I hope all is well with everyone. I know this may have been answered in the past, but it seems everyone's situation is different, so I'll go ahead and post this.

My wife got her GC in October of last year (2011). In January we went back to China for a traditional Chinese wedding (we were first married in USA). I came back after about 21 days and then she came back in May 2012. She is now going through selling her home in Chengdu and needs to go back again. She wants to go in August and come back in a few months (October). Then, after she's here again for a few months, we are going back to China for the New Year. Won't be until late Jan. 2013. Then she plans on coming back to the USA for her 10 year GC proceedings after another few months in China. Are all these trips over and back going to create a problem? Do they look at the number of months total she would be gone during the 2 year GC or just how long she is gone each time? We just want to make sure we aren't creating problems. Her parents are late 70's and mid 80's so she also needs to be back there for them some of these times. Any help would be appreciated! Have a great day!! Marc and Rosie

[Hypnos 6,578]

When you start spending more than six months in a year out of the country on a regular basis then at some point a CBP officer is going to notice and make life difficult. it might be a stern warning or it might just escalate directly to not admitting you back into the country.

A green card is for living in the United States; it isn't a document that you can use for visa-free entry into the US whilst maintaining your true residence somewhere else (I'm not saying that's what you are doing, merely making a point).

[bigdog 376]

My point to my wife was a 6 month max at one time, she did 4. I would look at the requirements for the ROC and N400 on out of country to get a read on those processes. We are going in for a free talk at info-pass (due to dates on my wife's GC) and will ask that question as well. GC is for living in USA, it is tough to get organized in their limited time, but those are the rules. I have gotten various answers from USCIS, I was told by USCIS that 18 months is the limit on out of country for USC, and hope my memory is correct.