How long do we have to move?

[CarolinaGirl 2]

I am the USC, my husband received his IR-1 visa in September and it was set to expire in October so we crossed the border to activate it. He has been looking for work in the US unsuccessfully and so we haven't made our big move yet. He has a great job here that requires him to travel to the US a couple of times per month. I'm wondering if there are specific rules for how long we can continue to live outside of the US with a green card? Our 16 month old and myself are both USC so I know it doesn't really matter for us, but I don't want to risk losing his green card that we worked so hard for. Thanks!

[Hypnos 6,576]

In general terms, if a green card holder is spending more time outside of the US than inside (i.e. more than six months out of the year) then this is a problem. A green card is for living in the United States, and if you are not living inside the United States then you are not complying with your responsibility as a permanent resident.

Foreign trips of up to six months are usually no issue; trips for between six months and twelve may require you to show CBP that you have maintained a US domicile (filed US taxes, maintained a mortgage / lease on an apartment, etc.); trips for between 1 and 2 years in duration require that you obtain a re-entry permit before you leave the country.

It should be noted that foreign trips of any duration can be used to help determine whether you have abandoned your US residence.

http://www.uscis.gov...000082ca60aRCRD

Edited November 28, 2012 by Hypnos