Leaving US for almost a year while on Conditional PR

[ngo3361 8]

Thank you so much for your respond. When do you think the best time to travel again? After receiving the approval?

Yes, I personally think the best would be after you have the 10-year GC in hand.

[Glyn and Kathy 288]

Oh I forgot to tell that due to our financial situation still not getting any better, we are planning to move back to US for whenever our baby is ready to go to school, we want to maintain my PR. It was taking a year for us to get the approval on my I-485. What is the best thing to do, maintain my PR or just abandon it and apply for new GC later? it was hard for me to collect all the information about our relationship, since we met online. I am stress to think that i will need to go thru that process again if i have to abandon my PR.

When do you plan on moving back to the US? That sounds like a few years from now if the baby is young. It will be hard to maintain your PR if you're living in Indonesia. Why waste the money on removing conditions when there is a VERY good chance of losing your residency and having to start all over again anyways? Save the money. If you're not planning on moving back permanently for a few years, save it up. Take care of the tax issues with the IRS. When you're ready to move back permanently .... then you can start over and this time you'll get a 10 year GC. But in order to maintain residency, you HAVE TO LIVE in the US.

Good Luck.

[Henny Dee 0]

I would wait till your bio was done first before leaving again, do you have an address you will receive your letters and have someone who will tell you when you receive and letters while away?---> yes, i have my parents in-laws address and he always update us when he get mails.

The reason why is say what till after bio is because even though you can travel with the NOA, you won't be able to track the case online without the other case number assigned to you after you complete biometrics. Also you are usually sent an appointment date within 30 days of filing. --> I am planning to be away again after interview (if needed)

I'm currently away again for 8 weeks and left after my bio, it did not impact my case in any way but I can't say the same for continuous long absences. Make sure you have your NOA with you, as you will need this to re-enter the country.

You will need to have a plan on what to do if you receive a RFE or interview while away. I was lucky and did not have to worry about this but as with USCIS there are no guarantees as every case is different so try to include as much evidence you can think of when you file. --> I hope it wont be too long but i do plan to stay/ wait until the interview appointment done.

P.S I see you are filing with CSC, they are moving really fast but there is no set approval time so if you decide to wait it out in the states then better start planning now. Mine was approved in 2 months but some people have had to wait almost 6 months. --> It was for the I-485 i think. My I-751 will be with Vermont. The approval also sent by mail, correct?

[Henny Dee 0]

When do you plan on moving back to the US? That sounds like a few years from now if the baby is young. It will be hard to maintain your PR if you're living in Indonesia. Why waste the money on removing conditions when there is a VERY good chance of losing your residency and having to start all over again anyways? Save the money. If you're not planning on moving back permanently for a few years, save it up. Take care of the tax issues with the IRS. When you're ready to move back permanently .... then you can start over and this time you'll get a 10 year GC. But in order to maintain residency, you HAVE TO LIVE in the US.

Good Luck.

I plan on moving back to the US about 4-5 years from now. That's what i've been thinking..will i be able to to maintain my PR by coming back to the US every year even tho just for couple weeks of staying there or it has to be 6 months or more per year? I need some comment on this because i really lost on what iam going to do:(

[milimelo 4,481]

LPR stands for legal PERMANENT resident - you're not a permanent resident by just coming to the US once a year for a week or so - that's an excellent way to get your residency abandoned.

Since you don't want to be in the US until your child is ready for school - formally abandon your green card at the US Embassy and then when you're 18 months or so before child starts school, send in your new I-130 application. Sounds like you have in-laws who could be joint sponsors with your husband.

[funkymunky 11]

6 months or more total every year to maintain residency but you will be eligible for naturalization next year so if you are able to meet the requirement then go ahead (dual citizenship). If not then start over when ready to move, I totally missed the part about waiting till baby is older. Ultimately it's up to you.

Ugh Vermont is only up to Feb cases and really slow so you could be waiting a long time in US to make it to the approval stage. At that rate you would meet the residency requirement but not ideal for your situation.

Edited July 29, 2014 by funkymunky

[Boiler 45,525]

LPR means you are resident in the US and visit elsewhere.

The question seems to be that you are not but how long can you get away with it. And what you have to do to lengthen that time.

There is no clear answer to that.

[Dave&Roza 748]

I plan on moving back to the US about 4-5 years from now. That's what i've been thinking..will i be able to to maintain my PR by coming back to the US every year even tho just for couple weeks of staying there or it has to be 6 months or more per year? I need some comment on this because i really lost on what iam going to do:(

There are a lot of people that try this and they get away with it for a couple of years, but to try and do this for 4-5 years is crazy. Think about the cost of air travel and having to find a place to live. I think it would be best to just abandon your LPR status and have your husband file for a spousal visa when you both decide to LIVE in the US. The key word in LPR is RESIDENT which means physical presence or domicile. Now you can maintain a domicile in the US while you are in your home country, but that would require a home or other tangible property as well as intent to return which you have stated you have. The big question is: Did you and your husband file income taxes for 2013? If not, then forget about your LPR status as you failed one of the main requirements for maintaining it--filing a tax return on all worldwide income no matter where you live as a LPR or a USC.

IMHO, you should save yourself the time and expense of returning to the US and convincing the CBP that you have not abandoned your LPR status when you have. When and if you and your husband decide to return to the US and live here, either file for a spousal visa or see if he can do a direct consulate filing (DCF) for you. Much easier and cleaner. You will have to put all this time on the N-400 should you decide to become a USC and the USCIS may catch that you were out of the US and may decide you abandoned your LPR status. SO you will have done all this only to be caught later on. Not worth the risk, IMHO.

Good luck,

Dave

Edited July 29, 2014 by Dave&Roza

[Dave&Roza 748]

6 months or more total every year to maintain residency but you will be eligible for naturalization next year so if you are able to meet the requirement then go ahead (dual citizenship). If not then start over when ready to move, I totally missed the part about waiting till baby is older. Ultimately it's up to you.

Ugh Vermont is only up to Feb cases and really slow so you could be waiting a long time in US to make it to the approval stage. At that rate you would meet the residency requirement but not ideal for your situation.

She has been outside the US for a period of more than 6 months already. That has disrupted her continuous residency for Naturalization. She needs to worry about maintaining her LPR status as naturalization for her is a long, long time away.

Dave

[MacUK 983]

Apologies for a comment not helpful to the OPs situation but this is a subject that comes up frequently here on VJ that I think highlights the lack of common sense in the US immigration system.

So many times on here there are stories of family members (usually parents) of naturalised USCs who are denied tourist visas to visit their family and advised by the embassy to have the USC petition for their GC.

Even though they have no intention whatsoever of living in the States they are told by the embassy staff to do something that breaks their own rules by obtaining a green card to be used for visiting.

How can that possibly make sense?

[Brit Abroad 166]

If your baby is 7 months old and you don't want to reside in the US until s/he is ready for school, then you don't want to spend money on a green card at this stage. The whole point of the green card (more appropriately named as a Lawful Permanent RESIDENT card). It's not something you get for future use somewhere many years ahead.

Edited July 30, 2014 by Brit Abroad

[Henny Dee 0]

If your baby is 7 months old and you don't want to reside in the US until s/he is ready for school, then you don't want to spend money on a green card at this stage. The whole point of the green card (more appropriately named as a Lawful Permanent RESIDENT card). It's not something you get for future use somewhere many years ahead.

you are right. what is the point of having a LPR while living in Indonesia. Thanks.

[Henny Dee 0]

Apologies for a comment not helpful to the OPs situation but this is a subject that comes up frequently here on VJ that I think highlights the lack of common sense in the US immigration system.

So many times on here there are stories of family members (usually parents) of naturalised USCs who are denied tourist visas to visit their family and advised by the embassy to have the USC petition for their GC.

Even though they have no intention whatsoever of living in the States they are told by the embassy staff to do something that breaks their own rules by obtaining a green card to be used for visiting.

How can that possibly make sense?

Actually when we applied for adjustment status, there was no intention to live in Indonesia at all. The only reason i wanted to go back to my home country was because I was pregnant and wanted to have my family surrounding me when I deliver the baby. But then my USC hubby wanted to come with me because he was jobless and had no money to pay the bills as his Unemployment benefits were ended. If I know we were going to move to Indonesia, there is no way i would go thru the hassle of doing the I-130 and I-485 whatsoever

[Henny Dee 0]

She has been outside the US for a period of more than 6 months already. That has disrupted her continuous residency for Naturalization. She needs to worry about maintaining her LPR status as naturalization for her is a long, long time away.

Dave

do you think it will be impossible for me to get my I-751 because i am not able to put tax returns 2013 as the evidence? After lots of thinking, i want to go back, send my I-751 and look for a job there.

Henny

[Henny Dee 0]

She has been outside the US for a period of more than 6 months already. That has disrupted her continuous residency for Naturalization. She needs to worry about maintaining her LPR status as naturalization for her is a long, long time away.

Dave

oh i never planned to get naturalization at all because my country doesnt accept dual citizenship and I want to keep my citizenship from Indonesia. What is my chance on getting my I-751 approved you think? Please give me your opinion

6 months or more total every year to maintain residency but you will be eligible for naturalization next year so if you are able to meet the requirement then go ahead (dual citizenship). If not then start over when ready to move, I totally missed the part about waiting till baby is older. Ultimately it's up to you.

Ugh Vermont is only up to Feb cases and really slow so you could be waiting a long time in US to make it to the approval stage. At that rate you would meet the residency requirement but not ideal for your situation.

yeah.. i read that someone who filled in Vermont in July still hasnt get any interview schedule or approval yet. suck!