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Charles C

How Much Time Abroad is Permitted w. GC?

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Filed: AOS (pnd) Country: Honduras
Timeline

My wife has her two-year green card. How much time is she permitted out of the country? Is the time measured in a calendar year or in a cumulative 12 months? She needs to help care for some of her family but she does not want to violate the provisions of her green card status. And - of course - we want to be able to remove conditions without problems.

Thoughts and guidance are appreciated.

Carlos

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Filed: Citizen (pnd) Country: Mexico
Timeline

Check in the USCIS webpage, i found this there:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year

I love you Charles forever!!

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N-400 Waiting to be schedule for Oath Ceremony 

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  • 1 month later...
Filed: K-1 Visa Country: Colombia
Timeline

Posted this in another topic but might fit better here:

My stepson's father changed his permission for the child to live in the US and my stepson had to go back to Colombia while the custody fight went through the courts there. We initially though it would be resolved in about 6 months but it has dragged on for about 20 months. During that time my step son has been out of the US. This child is 6 yrs old and in no way abandoned permanent residence as he was required to return to Colombia while the custody battle took place. It was decided this week and the judge gave permission for him to live in the US. Now if he returns what will happen at the POE? Does anyone have any actual experience with a situation like this?

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He might need an SB-1 returning resident visa. In general, SB-1s are not very commonly approved, but this sounds like exactly the kind of situation for which they were intended. I am not sure whether it is a good idea to try your luck bringing him in at a POE - I think that would lead to a hearing in front of a judge, not necessarily disastrous but not ideal either.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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