length of travel on 2 year GC

[BatmanUSA 105]

Hi,

My wife and daughter have their 2 year green card. Its my understanding that they can go home to Russia to visit, but must return within 6 months...

My wife wants to have some medical procedures done while she is there, but she is worried this may take more than 6 months. (due to waiting times, follow appointments ect..)

Is this 6 months a definite rule.? can she get a waiver? what happens if she leaves the US and returns in 8 months with a valid green card.?

thanks

[NikLR 13,232]

If she will be out of the USA for more than 1 year then she needs a reentry permit. Even that is up to the discretion of the CBP officer. She likely will not have a problem but she will severely cut into her ability to apply for citizenship via marriage to you.

[BatmanUSA 105]

thanks.!

[NikLR 13,232]

Just as an FYI, the reentry permit is only valid for 2 years.

It must be obtained before she goes.

[dinasnyder 0]

Hi,

I have my 2 years GC on May 2014, probably end of this year i will move to Singapore follow my husband for 3 years, maybe we will go back to USA once a year (5 weeks). my question is, what happen with my GC status? USCIS will revoke my GC? do i need apply some form to USCIS? i lost on this..

and my daughter will come to USA this July 2014, do i need apply her GC as we will move to Singapore end of this year?

i appreciate for any info...

[Dave&Roza 748]

Hi,

I have my 2 years GC on May 2014, probably end of this year i will move to Singapore follow my husband for 3 years, maybe we will go back to USA once a year (5 weeks). my question is, what happen with my GC status? USCIS will revoke my GC? do i need apply some form to USCIS? i lost on this..

and my daughter will come to USA this July 2014, do i need apply her GC as we will move to Singapore end of this year?

i appreciate for any info...

I understand the desire to be with your husband, but you must also look at what is important at this point. To keep your GC you must maintain your LPR status in the US. Being outside the US for more than 2 years will cause you to loose your GC. From 1 year to 2 years, you need to file a re-entry permit before you leave, but you still need ties to the US. Trips less than 6 months are usually not looked at too closely until you have more time outside the US than in. At some point during this 3 years you will be told to remain inside the US for a period of time or the next time you leave and re-enter the US, the CBP will take you before an immigration judge and you will have the opportunity to explain yourself and the IJ will determine if you get to keep the GC.

You may just want to turn in your GC when you move to Singapore and then have your husband file for a spousal visa when he is ready to return to the US. If going this route I would not waste the time or money to file for your daughter as that is one more GC you will have to worry about keeping. The GC is for living IN the US. You might want to have a look at how to maintain your LPR status to see what is required of you. It is possible to do, but it requires proper planning. Also, be aware that you will have to file for your removal of conditions (ROC) 90 days before your 2 year GC expires and you must do this in the US and your husband will have to attend the interview if you happen to have one.

Good luck,

Dave