Got a Green Card. But What Happens If I Leave the U.S.?

[coip 1]

My wife got her Green Card (2-year conditional since we've been married less than 2 years) and has been living with me in the U.S for the past 6 months. However, she wants to go back to her home country to visit for a few weeks next year. Is that a problem? Another concern is that I actually may be getting a 1-year temporary job back in her home country, to start about 14 months after her initial arrival date in the U.S. What if she comes with me back to her home country and lives there for a year--including months that overlap with her 2-year renewal interview. Does she lose her Green Card?

[Harpa Timsah 13,258]

Google "maintaining permanent residency."

[aleful 1,905]

hi

she can do short trips but not live there

she would loose her GC

[NikLR 13,227]

She would need a re-entry permit but it's not guaranteed.

[NikLR 13,227]

she can visit of course... I mean for the long stay.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration forum.

[coip 1]

Okay, so she can visit for two weeks, but we can't live there together for a year. Let me know if I interpreted that incorrectly. Otherwise, thanks for the information.

[aaron2020 11,651]

Okay, so she can visit for two weeks, but we can't live there together for a year. Let me know if I interpreted that incorrectly. Otherwise, thanks for the information.

You've interpreted it incorrectly.

Your wife can live outside the US for up to 2 years if she gets a Re-entry Permit. The permit allows her to stay outside the US for up to 2 years without the time outside the US count against her green card status.

She will need to maintain ties to the US. Maintain bank accounts, file US tax returns, etc.

[coip 1]

You've interpreted it incorrectly.

Your wife can live outside the US for up to 2 years if she gets a Re-entry Permit. The permit allows her to stay outside the US for up to 2 years without the time outside the US count against her green card status.

She will need to maintain ties to the US. Maintain bank accounts, file US tax returns, etc.

I thought that the Green Card was a re-entry permit. For instance, if she travels abroad and comes back to the U.S. she just shows her green card to the immigration officer at the airport (along with her passport, I presume) and they let her back in no problem, no? So, the Re-entry permit you are talking about is different than what I thought it meant, it seems. You are saying that it is something additional she must apply for, and if she gets it, it'll put the countdown clock on her 2-year Green Card expiration on hold. So, if she got the card in May 2013 and it's good until May 2015, if she goes and lives back in Japan for 1 year and applies for this re-entry permit, her Green Card will automatically be extended to May 2016? But, if she doesn't apply for this re-entry permit and moves back to Japan and she is there from say, July 2014 to July 2015 (thus, passing the May 2015 deadline), her Green Card will be expired and she'll have a difficult time getting a new one?

[aaron2020 11,651]

I thought that the Green Card was a re-entry permit. For instance, if she travels abroad and comes back to the U.S. she just shows her green card to the immigration officer at the airport (along with her passport, I presume) and they let her back in no problem, no? So, the Re-entry permit you are talking about is different than what I thought it meant, it seems. You are saying that it is something additional she must apply for, and if she gets it, it'll put the countdown clock on her 2-year Green Card expiration on hold. So, if she got the card in May 2013 and it's good until May 2015, if she goes and lives back in Japan for 1 year and applies for this re-entry permit, her Green Card will automatically be extended to May 2016? But, if she doesn't apply for this re-entry permit and moves back to Japan and she is there from say, July 2014 to July 2015 (thus, passing the May 2015 deadline), her Green Card will be expired and she'll have a difficult time getting a new one?

No.

The green card is NOT a re-entry permit. The green card allows a person to live and work in the US. The stipulation is that a person must maintain certain ties to the US to maintain their green card status. Google "USCIS maintaining permanent residency."

The green card allows a person to enter the US because of the green card grants that person the privileges to live and work here.

If a person chooses to leave the US to live abroad, then that person can lose his green card because that person is not living in the US.

An LPR who remains outside the US for more than 6 months can be deemed to have abandoned her green card status.

The Re-Entry Permit is a separate document from the green card. It is permission to not have their time outside the US count against them. You apply for this separately. Google "Re-Entry Permit."

NOTHING TOLLS THE CONDITIONAL GREEN CARD. Getting a Re-Entry Permit does NOT change the expiration date or when you need to file to remove the condition. The expiration date will NEVER CHANGE. The expiration date of the conditional green card has nothing do a Re-Entry Permit.

[coip 1]

No.

The green card is NOT a re-entry permit. The green card allows a person to live and work in the US. The stipulation is that a person must maintain certain ties to the US to maintain their green card status. Google "USCIS maintaining permanent residency."

The green card allows a person to enter the US because of the green card grants that person the privileges to live and work here.

If a person chooses to leave the US to live abroad, then that person can lose his green card because that person is not living in the US.

An LPR who remains outside the US for more than 6 months can be deemed to have abandoned her green card status.

The Re-Entry Permit is a separate document from the green card. It is permission to not have their time outside the US count against them. You apply for this separately. Google "Re-Entry Permit."

NOTHING TOLLS THE CONDITIONAL GREEN CARD. Getting a Re-Entry Permit does NOT change the expiration date or when you need to file to remove the condition. The expiration date will NEVER CHANGE. The expiration date of the conditional green card has nothing do a Re-Entry Permit.

Hmm, maybe the U.S. uses different immigration language than other countries. When I lived in Japan, I had a 2-year visa to live there (not a permanent residence card like a green card), but the visa automatically came with a re-entry permit, meaning that if I traveled to South Korea for a few days and then came back, I'd be permitted to re-enter the country.

The way you are wording things, it makes it sound like if she leaves the U.S., even for a vacation, that her Green Card won't be enough to get her back into the country. But it is enough, right? So the way the U.S. uses the term 're-entry permit' doesn't explicitly mean the ability to pass through immigration at the airport; it means something about protecting one's status as a Green Card holder even when they're living outside of the U.S. for a significant time (e.g. greater than a year).

So, in short, she can travel to Japan for a few weeks and then just use her Green Card, as is, to re-enter the U.S., right? But, if she wants to go back to Japan and live for a year or two, she needs to apply for a "Re-entry permit". If she doesn't do that, she needs to re-do the entire Green Card application process (which took 6 months originally). Is that right?

[aaron2020 11,651]

Hmm, maybe the U.S. uses different immigration language than other countries. When I lived in Japan, I had a 2-year visa to live there (not a permanent residence card like a green card), but the visa automatically came with a re-entry permit, meaning that if I traveled to South Korea for a few days and then came back, I'd be permitted to re-enter the country.

The way you are wording things, it makes it sound like if she leaves the U.S., even for a vacation, that her Green Card won't be enough to get her back into the country. But it is enough, right? So the way the U.S. uses the term 're-entry permit' doesn't explicitly mean the ability to pass through immigration at the airport; it means something about protecting one's status as a Green Card holder even when they're living outside of the U.S. for a significant time (e.g. greater than a year).

So, in short, she can travel to Japan for a few weeks and then just use her Green Card, as is, to re-enter the U.S., right? But, if she wants to go back to Japan and live for a year or two, she needs to apply for a "Re-entry permit". If she doesn't do that, she needs to re-do the entire Green Card application process (which took 6 months originally). Is that right?

There's a difference between leaving for a short vacation and going to live somewhere for year.

You cannot use the same language for Japanese immigration for US immigration. They are completely different things. Their definitions for a particular term can carry a completely different definition.

All she needs is her green card to enter the US after a trip. (A vacation means she is maintaining a home in the US.)

She wants the Re-Entry Permit if she will reside outside the US. (Doubtful that she would maintain a US resident in this scenario.)

As you can see, totally different situations between a vacation and going to live in another country.

Your last paragraph is completely right.

Edited December 17, 2013 by aaron2020