Permanent Resident holder finishing up work abroad

[GeorgiaPeach 2]

Hello All,

I hope I am posting this in the correct place.

I was hoping for some advice. I am an US citizen currently residing with my husband, a UK citizen, in the UK. My hubby is currently undergoing the process to obtain a conditional green card (two years). We are awaiting his interview, which we suspect will be in March or April 2013. I will be moving back to the USA to begin a job in April 2013. An opportunity with my hubby's current univeristy has just popped up to do some post doctoral research for 10 months only (it will be paid). This work would begin in April/May 2013 and end in January/February 2014. He would be able to work for this university from the USA, but would likely need to travel to the UK for short periods of time (1-2 months) throughout the 10-month employment. And, so my questions are as follows:

1) Assuming he is granted the conditional green card, is it legal for him to be working abroad as long as he files a US tax return, where the income would be claimed?

2) Is it a breach of his green card to travel to the UK for 1-2 month period of time for work purposes? Would this cause immigration officers to believe he does not intend to make the USA his permanent home?

3) Along with traveling with documents which show his 'ties to America' in case he is questioned, would it be advisable to filed for the I-131, Reentry Permit?

Thank you in advance for any help you can extend.

[Penguin_ie 5,996]

1. Generally no (a greencard is for legal permanent residents, emphasis on resident- if you work abroad, you do not reside in the USA in most cases), but in your case, it sounds like he'd be working in the USA, but be paid by a UK university, with a few business trips to visit his employer. That is allowed.

2. No, he should be fine- greencard holders are allowed to travel for business or pleasure, as long as they spend the majoroity of their time inside the USA. Make sure he spends the majority of his time in the USA, and has ties to the USA (cell phone, on utility bills, on the deed or lease to your home etc).

3. NO, unless he intends to spend more than one year outside the USA.

[GeorgiaPeach 2]

Thanks, Penguin! You always have very helpful advice.

[hmh33 117]

Yep, sounds like a fine plan, especially since he will be physically in the US while he is doing most of the work.

[GeorgiaPeach 2]

Yep, sounds like a fine plan, especially since he will be physically in the US while he is doing most of the work.

Thanks!! :-)