ROC and time outside the USA

[marriott574 13]

I am currently in the AOS process awaiting my 2 year GC, however, I am considering going back to school for a masters degree, the degree program will require that I spend 6 months outside the USA, however, I will maintain a USA address bank account and pay taxes in the US. Is this absence likely to cause problems for me when I go through ROC in 2 years time??

[victorian221b 12]

Google "Permanent Residency requirements", there should be a USCIS link explaining to you what you need to do in order to maintain your residency. I can't give you any info here as I don't know the details and do not want to misinform you.

There are also many posts on here regarding your situation with some people who already went through with it.

[marriott574 13]

Thank you+

[PantomimeGoose 59]

Will you have your two-year green card before the Master's starts? Is your spouse going with you?

It's been a while since I've looked into it, but I believe it's still that once you are an LPR, you can file for a reentry permit, which will preserve your residency for up to two years but "pause" your time accrued for removal of conditions. This permit is technically not necessary for stays shorter than a year *as long as you do not establish (or appear to have established) residency in another country*. Technically, the things you've mentioned should cover that, if the USCIS gods are feeling beneficent. If you are careful about maintaining and documenting your ties to the US and your spouse, six months shouldn't be a problem without the permit, especially if you can sneak in a visit or two back to the US.

[Dave&Roza 748]

I am currently in the AOS process awaiting my 2 year GC, however, I am considering going back to school for a masters degree, the degree program will require that I spend 6 months outside the USA, however, I will maintain a USA address bank account and pay taxes in the US. Is this absence likely to cause problems for me when I go through ROC in 2 years time??

ROC is concerned about the validity of the marriage in which you obtained your GC through. They really do not care about time spent outside the US other than you must maintain your LPR status if you remain outside the US for extended periods of time. This will also have an affect on when you can file for citizenship, but first things first. Get your GC, figure out how to maintain your LPR status while studying, file for ROC when the time comes, get your 10 year GC, and then you can worry about citizenship. You may want to look at what options are available to help with the citizenship if that is important to you.

Good luck,

Dave