FiIling ROC soon, question about having been abroad during past year

[blithely 0]

Hello everyone,

I will soon be filing my ROC in November (it expires in Feb), with both excitement and some anxiety and I hope you can offer some insight...

Last October, my husband transferred to Japan temporarily for work (he will move back this coming Spring) and so I have been traveling back and forth between Japan and California (I hold both a GC and a Japanese Residence card, which I acquired through my husband). I've spent most of last year in Japan, understandably, the longest I've stayed out of the US continuously was 5 months. In hindsight, I should have registered for an I131, but at the time I didn't think my travels would jeopardize my ROC chances since I wasn't planning to be out of the country for more than a year. (I didn't know about the rule of having to live in the US continuously for 18 of the 24 months.)

We own a home and cars in the US, retirement fund, joint banks account, credit cards, things that tie us to the US, and we've paid our US taxes. I've had no intention of abandoning my US residency as I consider my US address to be my primary address.

Should I be worried? Is there anything else I can provide to prove that I have to remain in the US?

Thank you!

[Hypnos 6,576]

Since you became an LPR, how much time have you spent in the US and how much time have you spent in Japan?

[blithely 0]

Since becoming an LPR, I've spent about 11.5 months in US and 7 in Japan.

[Harpa Timsah 13,258]

Don't worry about it. His work is temporary. Sounds like you did the right thing.

[Go-Kart Mozart 0]

... (I didn't know about the rule of having to live in the US continuously for 18 of the 24 months.)...

Aside from the 6 month max, 12 month with a return permit rules, this rule also exists?

[Dave&Roza 748]

Hello everyone,

I will soon be filing my ROC in November (it expires in Feb), with both excitement and some anxiety and I hope you can offer some insight...

Last October, my husband transferred to Japan temporarily for work (he will move back this coming Spring) and so I have been traveling back and forth between Japan and California (I hold both a GC and a Japanese Residence card, which I acquired through my husband). I've spent most of last year in Japan, understandably, the longest I've stayed out of the US continuously was 5 months. In hindsight, I should have registered for an I131, but at the time I didn't think my travels would jeopardize my ROC chances since I wasn't planning to be out of the country for more than a year. (I didn't know about the rule of having to live in the US continuously for 18 of the 24 months.)

We own a home and cars in the US, retirement fund, joint banks account, credit cards, things that tie us to the US, and we've paid our US taxes. I've had no intention of abandoning my US residency as I consider my US address to be my primary address.

Should I be worried? Is there anything else I can provide to prove that I have to remain in the US?

Thank you!

You are confusing the rules for becoming a USC with those of ROC. For ROC you do need to live in the US or you need to take measures to protect your LPR status, but it is more important to show you have a bona fide marriage. By staying with your husband you are doing that. It shows that he has a temporary job and that you want to be with him and you both still have ties to the US. ROC is about the marriage and living together and combining two separate lives into a family. When and if you go for USC then the issue of time spent in Japan and all the residency rules come into play, but first you need to get thru the ROC phase and then deal with USC later.

You need to maintain your LPR status first and foremost. The I-131 would have allowed you to be outside the US for more than a year and be allowed to re-enter for up to two years. Since you did not apply for one, you can return to the US before the 1 year is up. If outside for more than 6 months, you may have to show that you still have ties to the US before the CBP will allow you to re-enter. Several trips of 5 months out and a few weeks in the US will get you in trouble unless you can show good reasons for the trips and being outside the US more than inside. Just remember that as a LPR you may be required to prove to the CBP person at the POE that you still live in the US. If they question that proof, you may be denied entry. Typically, however, they give you a very strong warning and place a stamp in your passport--it is at this time you should remain in the US for a very long time before travelling again or risk being denied entry. As long as your husband does not have this job for many years to come, you can live with him in Japan and return to the US to maintain your LPR status. This should have no impact on your ROC, but it may have an impact on when you can file for citizenship.

Good luck,

Dave

Edited October 19, 2013 by Dave&Roza

[blithely 0]

Hi Dave,

Thank you for the clarification and advice! I feel a bit better about my situation, but I will take the necessary precautions. Thank you again!

You are confusing the rules for becoming a USC with those of ROC. For ROC you do need to live in the US or you need to take measures to protect your LPR status, but it is more important to show you have a bona fide marriage. By staying with your husband you are doing that. It shows that he has a temporary job and that you want to be with him and you both still have ties to the US. ROC is about the marriage and living together and combining two separate lives into a family. When and if you go for USC then the issue of time spent in Japan and all the residency rules come into play, but first you need to get thru the ROC phase and then deal with USC later.

You need to maintain your LPR status first and foremost. The I-131 would have allowed you to be outside the US for more than a year and be allowed to re-enter for up to two years. Since you did not apply for one, you can return to the US before the 1 year is up. If outside for more than 6 months, you may have to show that you still have ties to the US before the CBP will allow you to re-enter. Several trips of 5 months out and a few weeks in the US will get you in trouble unless you can show good reasons for the trips and being outside the US more than inside. Just remember that as a LPR you may be required to prove to the CBP person at the POE that you still live in the US. If they question that proof, you may be denied entry. Typically, however, they give you a very strong warning and place a stamp in your passport--it is at this time you should remain in the US for a very long time before travelling again or risk being denied entry. As long as your husband does not have this job for many years to come, you can live with him in Japan and return to the US to maintain your LPR status. This should have no impact on your ROC, but it may have an impact on when you can file for citizenship.

Good luck,

Dave