is it okay to leave the US before getting my green card?

[twinkle29 2]

I been in the states for 10months now waiting for my 2 years green card.We married here in California and our 5 month old son is born here. We plan to go back to Philippines within 3 weeks. If we decide to stay in the Philippines for couple years, would there be any problem with my coming back to the states since I don't have my green card.

[jxn 86]

Do you have AP? AP lets you travel for short-term trips abroad but re-entry is still at the discretion of the CBP officer at your PoE.

Even when you have your green card, if you stay abroad for more than a year without a re-entry permit you effectively abandon your claim to permanent residency. And you must demonstrate why you need a re-entry permit.

My immigration lawyer has told me that stays abroad for even half a year or more can be scrutinized. If you are planning for living for multiple years outside of the U.S. I would recommend waiting until you have U.S. citizenship.

Per the USCIS website on re-entry permits:

If you remain outside of the United States for more than 2 years, any re-entry permit granted before your departure from the United States will have expired.

Edited October 11, 2014 by jxn

[Pitaya 2,577]

~Moved from K1 Process to Working and Traveling During US Immigration Forum~

~Inquiry about AOS-related travel, past k1~

[twinkle29 2]

We may stay there for 3 to 5 years. Is it necessary to apply spousal visa?

[steve n songsang 45]

spousal visa would still not be good ....only way you can stay out of U.S. that long is to be a U.S. citizen.

[Hypnos 6,578]

A green card is for someone who wishes to live in the US; if it not your intention to live in the US then you aren't entitled to a green card.

[Ian H. 207]

You need to wait to have your GC, otherwise your AOS will be considered abandoned. Also you have to have the conditions removed on your GC in 2 years, which you would need to be in the US to do.

You can apply for a reentry permit when you get your GC which is valid for 2 years. Keep in mind that you have to keep ties to the US during this time and maintain things like bank accounts and property, pay bills.

If you are planning to move back to your country even if only temporarily you can be considered to have abandoned your status and lose your GC. At which point only your husband and child will be allowed to reenter the US and you will have to start over from scratch.

To be on the safe side, wait until you are able to become a USC at which point you can stay outside of the US without restriction. Good luck.

[kzielu 1,149]

We may stay there for 3 to 5 years. Is it necessary to apply spousal visa?

Even if you had green card, you would loose it for staying that long or of country. You'd have to re-apply for it when you want to come back.

[Cathi 5,784]

why do you want a green card if you don't plan to live here? Why go through the entire process and spends thousands of dollars for nothing? Green cards are for residents, not for people who want to live abroad.

[Ian H. 207]

The OP is inquiring about the possibility of going back to her country for a couple of years, not that she doesn't want to ever live in the US. That said, let's spend more time answering her question rather than judging her decisions.

[jxn 86]

I'm guessing OP thought it would be more straightforward. Regardless, I agree with Ian.

Let's say OP wants to live back in the Philippines for three years before getting U.S. citizenship. At that point even a re-entry permit (after getting the conditional green card) is out of the question.

Would her USC husband just file for a spousal visa after those three years and they would re-start the AoS process from zero?

[NikLR 13,232]

If both are living abroad they could easily do DCF. However any time and money spent in the USA would have been wasted.

[raven52 233]

Why do you want to be in the USA.,.,.if you plan to be gone the next 3-5 years.,.,.,.just stay where you are, marry there.

AP does not guarantee you to re-enter the country.,.,.,.only a GC does.

Be careful, you might be looking on the ""outside"" looking in!

[Hank_ 9,174]

I been in the states for 10months now waiting for my 2 years green card.We married here in California and our 5 month old son is born here. We plan to go back to Philippines within 3 weeks. If we decide to stay in the Philippines for couple years, would there be any problem with my coming back to the states since I don't have my green card.

10 Months in the States and you don't have your green card??? Have you started AOS? On average it takes 4-6 months after filing AOS to receive the green card, if you filed you after getting married should have it by now.

If you do not have an AP or green card and EXIT the USA, you are not coming back without completing the visa process once more.

If you have an AP card or green card and gone a year or more USCIS will consider them abandoned... and you will not come back in to the USA without completing the visa process.

[Hank_ 9,174]

We may stay there for 3 to 5 years. Is it necessary to apply spousal visa?

Yes it will be necessary to file for an IR/CR-1 spousal visa.

Couple things you NEED to do before leaving the USA is do the Report Of Marriage with the consulate that represents the state you are living in. Second thing that you need to do is Report of Birth for you son at the consulate (you will be glad you did this LATER)