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Not sure where to ask this so I'll try here first as it seems there's always a lot of immigration knowledge here...

I'm deploying for 6 months, mid-Jan to mid-Jul. My wife is going to stay in the Philippines with her family while I'm gone. We just got the AOS completed and rec'd the 2 year green card in Oct/Nov this year.

At the time of our interview for AOS she was planning on staying here while I was gone...so I would've made sure of this at UCSIS that day had I know she was going to the Phil....but my question is; if she's gone for slightly more than 6 months straight will it be an issue when she returns in Jul? And will it be an issue when we have our appointment 2 years from now to remove conditions on the green card?

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I would suggest getting on the phone and making some phone calls.

6 months out of the country could be viewed poorly...

-P

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Filed: Other Country: Philippines
Timeline

Not sure where to ask this so I'll try here first as it seems there's always a lot of immigration knowledge here...

I'm deploying for 6 months, mid-Jan to mid-Jul. My wife is going to stay in the Philippines with her family while I'm gone. We just got the AOS completed and rec'd the 2 year green card in Oct/Nov this year.

At the time of our interview for AOS she was planning on staying here while I was gone...so I would've made sure of this at UCSIS that day had I know she was going to the Phil....but my question is; if she's gone for slightly more than 6 months straight will it be an issue when she returns in Jul? And will it be an issue when we have our appointment 2 years from now to remove conditions on the green card?

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

You may be found to have abandoned your permanent resident status if you:

  • Move to another country intending to live there permanently
  • 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
  • Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a 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
  • Fail to file income tax returns while living outside of the United States for any period
  • Declare yourself a “nonimmigrant” on your tax returns
Edited by Hank_

Hank

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Filed: AOS (apr) Country: Philippines
Timeline

just curious, are you going to be deployed on a Ship? or just land base?

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Absolutely nothing wrong with it. As long as you have orders, you can justify any inquiry as to why she went home while you deployed. But I seriously doubt any inquiry would ever be made. Hank posted the actual rules. You should be just fine. And thank you for your service!

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My fiance might be deployed to Afghanistan early next year too. During AOS, there's an interview too right? Does this get waived or they just keep postponing it until he gets home?

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My fiance might be deployed to Afghanistan early next year too. During AOS, there's an interview too right? Does this get waived or they just keep postponing it until he gets home?

For some reason can't copy/paste to this thread...but if you go to the military section of USCIS and find FAQ you'll see that question/answer the 4th question down. Basically says that if your spouse is deployed during AOS interview to bring evidence of the deployment (orders or letter from his commander) along with all the other req'd items you would normally bring.

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For some reason can't copy/paste to this thread...but if you go to the military section of USCIS and find FAQ you'll see that question/answer the 4th question down. Basically says that if your spouse is deployed during AOS interview to bring evidence of the deployment (orders or letter from his commander) along with all the other req'd items you would normally bring.

I found it, thank you!

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And thank you for your service!

good.gif

Mahalo/Salamat!

Steve and Joan
Met on Facebook 2/24/12
Met in person 6/5/12
Second visit 10/2/12
Engaged 10/3/12
NOA10/15/12
Third visit 12/10/12
Joan got her passport! 2/20/13
NOA2 4/24/13
Fourth visit 5/28/13
CFO 5/30/13
Embassy Interview APPROVED 6/6/13

Joan passed through immigration in Hawaii! She's home! 6/13/13

MARRIED 8/24/13

AOS, EAD and AP petitions sent to Chicago via Express Mail

EAD/AP Received 11/13/13

AOS Interview APPROVED 11/26/13

2-year Green Card in hand 12/5/13

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ROC check cashed 9/4/15

ROC Biometrics 10/1/15

ROC Approval 4/6/16 (waiting for actual card)

Permanent Green Card Arrived 4/14/16
Naturalization Interview 2/22/17 APPROVED!

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Dual Citizenship 7/7/22 Joan is now a Dual US/Filipino Citizen!

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For some reason can't copy/paste to this thread...but if you go to the military section of USCIS and find FAQ you'll see that question/answer the 4th question down. Basically says that if your spouse is deployed during AOS interview to bring evidence of the deployment (orders or letter from his commander) along with all the other req'd items you would normally bring.

^^^ good.gif

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