keeping your green card afterwards

[Captain Oates 911]

Firstly I cant find a forum for 'KEEPING GREENCARD' so i hope its ok to post here.

As a notorious unstable ping pong sort of guy, my whereabouts and plans are forever changing..

I read that:

over a year's absence I need a re-entry form

6 months to 12 months I will likely be questioned

less than 6 months -no questions

with the overall rider that anyone at any time can be questioned for any length of absence for any reason.

that seems pretty clear so that is why we don't have a special forum

However, any opinions on whether this would be a problem:

-----enter and trigger residency, then leave 1 day later, then re-enter one day before 6 months is up ...

I might want to do this if my wife's job in the UK (she is the USC) means that she wants to wait another 6 months before returning to the US

Does anyone think this might end in disaster and losing the green card ? alan

[no name 1]

Firstly I cant find a forum for 'KEEPING GREENCARD' so i hope its ok to post here.

As a notorious unstable ping pong sort of guy, my whereabouts and plans are forever changing..

I read that:

over a year's absence I need a re-entry form

6 months to 12 months I will likely be questioned

less than 6 months -no questions

with the overall rider that anyone at any time can be questioned for any length of absence for any reason.

that seems pretty clear so that is why we don't have a special forum

However, any opinions on whether this would be a problem:

-----enter and trigger residency, then leave 1 day later, then re-enter one day before 6 months is up ...

I might want to do this if my wife's job in the UK (she is the USC) means that she wants to wait another 6 months before returning to the US

Does anyone think this might end in disaster and losing the green card ? alan

I think they will look at the overall picture when you apply to lift conditions. For example, if all of your couple evidence is in the UK, then one day here & there in the US won't look good. It's about your main place of residence if I'm not mistaken, and yours would be the UK. So yes, that is a problem.

[Captain Oates 911]

Thank you- The intention is to enter 1 day after we are married for 2 years so we won't need to lift conditions...

So the only time we are going to be examined is at the actual point of entry

and after the first 6 months we plan to be based in the US permanently .... so say over say the first 3 years, we might only be absent for 9 months total...

I guess I will have to keep an eye on the citizenship requirements, just in case i want to commit myself to filing US tax returns for life, but its just the first 6 months after triggering the green card that I need to be clear about...

thanks alan

[YuAndDan 153]

According to 9 FAM 42.72 VALIDITY OF VISAS

With the exception indicated herein, the period of validity of an immigrant visa shall not exceed six months, beginning with the date of issuance. Any

visa issued to a child lawfully adopted by a U.S. citizen and spouse while such citizen is serving abroad in the U.S. Armed Forces, is employed abroad

by the U.S. Government, or is temporarily abroad on business, however, shall be valid until such time, for a period not to exceed 3 years, as the adoptive citizen parent returns to the United States in the course of that parent’s military service, U.S. Government employment, or business.

http://foia.state.gov/masterdocs/09FAM/0942072R.PDF

You should be able to get the validity of your CR-1 or IR-1 visa extended to allow you to enter the USA when your wife returns home. Contact the Embassy in London about this.

[Captain Oates 911]

That's a good idea - glad I asked

It would put back my citizenship by 6 months but they might not want someone like me who sails close to the administrative line as a citizen anyway.....

anyway thanks folks...alan

[Yodrak 7]

YuAndDan,

saywhat is a spouse, not an adopted child?

Yodrak

According to 9 FAM 42.72 VALIDITY OF VISAS

With the exception indicated herein, the period of validity of an immigrant visa shall not exceed six months, beginning with the date of issuance. Any visa issued to a child lawfully adopted by a U.S. citizen and spouse while such citizen is serving abroad in the U.S. Armed Forces, is employed abroad by the U.S. Government, or is temporarily abroad on business, however, shall be valid until such time, for a period not to exceed 3 years, as the adoptive citizen parent returns to the United States in the course of that parent's military service, U.S. Government employment, or business.

http://foia.state.gov/masterdocs/09FAM/0942072R.PDF

You should be able to get the validity of your CR-1 or IR-1 visa extended to allow you to enter the USA when your wife returns home. Contact the Embassy in London about this.

[Yodrak 7]

saywhat,

An immigrant visa is valid for 6 months. Figure out when you want to move to the USA and then work with the consulate to schedule the interview at an appropriate date. From what you've written you don't need to push it too far off into the future?

Yodrak

Firstly I cant find a forum for 'KEEPING GREENCARD' so i hope its ok to post here.

As a notorious unstable ping pong sort of guy, my whereabouts and plans are forever changing..

I read that:

over a year's absence I need a re-entry form

6 months to 12 months I will likely be questioned

less than 6 months -no questions

with the overall rider that anyone at any time can be questioned for any length of absence for any reason.

that seems pretty clear so that is why we don't have a special forum

However, any opinions on whether this would be a problem:

-----enter and trigger residency, then leave 1 day later, then re-enter one day before 6 months is up ...

I might want to do this if my wife's job in the UK (she is the USC) means that she wants to wait another 6 months before returning to the US

Does anyone think this might end in disaster and losing the green card ? alan

[Captain Oates 911]

Yes, thanks - I guess we can delay the process here and there if need be - either through revalidating the visa (well before it expires !) or delaying the interview if necessary....

I am one of those greedy people who like to try and squeeze the last bit of advantage out of every administrative set of rules whilst staying within them, so I thought I might go and activate the residency which starts the clock running on the naturalization after 3 years, and then take 6 months out and return without jeopardizing the residency or naturalization..

I suppose I might get away with it but its going to seem pretty obvious to any immigration official that I skipped off just after entering - and although it might be strictly within the rules, they could just get awkward with me and give me all sorts of problems to sort out - and then I would regret trying to push my luck..

So I think I will just delay entry if necessary and wait another 6 months at the end of 3 years before I swear to bear arms and do lifelong tax returns etc ... My wife is looking forward to that day - she thinks that once I become an American I wont make anti-American statements like 'I prefer Soccer to American football'

ok thanks for those good suggestions - I will go and try optimize something else-

alan