continuous residency question

[mizzle 0]

My husband and our 2 children are all US citizens. We lived in the USA for 16 months. While we were there I received a green card and I lived in the USA for 9 months as a permanent resident. Since December 2014 we have been living in Australia (so for 6 months now as I wanted to have our 2nd child here close to my family). Now, however, I am wondering about my green card and continuous residency. Can I lose my green card if we stay away too long? Do I need to come back every year? We have maintained ties back in the USA (family, bank accounts etc). I am confused about if I am a continuous resident if I am in Australia but go back yearly and then in the future move back to the USA for 18 months would I be able to apply for naturalisation after 18 continuous months there? Would the time away from the USA but while maintaining ties there count towards the 3 years required for the spouse of a US citizen? Thanks!

[aleful 1,905]

hi

you should have gotten a reentry permit, the continuous residence breaks after 6 months and after a year out of the US you lose your GC, the purpose of a GC is to live in the US. you shouldn't have applied for a GC if you weren't ready to move to the US for good

the GC is not a tourist visa to come once a year, sooner or later they would take away your GC

[js030802 6]

hello there! for you to be able to apply for continuous residency to count towards naturalization, you should not be out of the US for more than 6 months at a time. if you live outside the US for more than 6 months but less than one year, you can come back with just your green card to present at the port of entry but your time for continuous residency towards naturalization will have to restart. you cant use your original entry into the US to count towards naturalization. as an example, if you enter the US on january 1, 2014 and take vacations every now and then to australia no more than 6 months every time then you would be eligible to apply for naturalization 3 months before january 1, 2017. but if at one of your vacations you stayed more than 6 months like what you said you've been in australia for almost 6 months now and you decide to come back say august 1, 2015 then your january 1, 2014 will become null and void and your time will reset to august 1, 2015, so your new date of eligibility for naturalization will 3 months before august 1, 2018 and no longer 3 months before january 1, 2017. so it is very important not to stay outside the US for more than 6 months if you have plans of naturalizing.

[Boiler 45,579]

Form I 407 is the one you need to formally surrender Permanent Residence.

[js030802 6]

i totally agree with aleful. you can't use your GC like a tourist visa. at some point they will take away your GC at the port of entry and I have seen that in one of my travels.

[mizzle 0]

Thanks for your replies. Does the fact that my husband and 2 children are US citizens count for anything?

[js030802 6]

no it does not. my suggestion to you is get your US citizenship first then you can stay as long as you want outside the US with no issues coming back in the US. or may be asked a few questions but remember this, and i think it's been mentioned time and time again in this website, the only persons guaranteed entry into the US are US citizens. the rest are subject to admissibility criteria that immigration officers abide to.

[Boiler 45,579]

Your Husband can petition you for Permanent Residency, your children need to be 21 to do so.

[js030802 6]

she is already a permanent resident.

[mizzle 0]

How does my husband petition for my permanent residency? Is this done if my residency is in revoked?

[mizzle 0]

So just to clarify, if I leave the country for 6 months or more then 'continuous residency' is abandoned and I have to start again to qualify for the 3 year period needed to become apply for naturalisation? Thanks

[Shauneg 762]

So just to clarify, if I leave the country for 6 months or more then 'continuous residency' is abandoned and I have to start again to qualify for the 3 year period needed to become apply for naturalisation? Thanks

Edited June 21, 2015 by Shauneg

[js030802 6]

your GC is your proof of permanent residency in the US. if you lose your GC by revocation or abandonment by staying outside the US for more than a year without reentry permit, there is a way to reinstate your permanent residency status and it called the returning resident visa which you have to get at the embassy. in order to do so you must show evidence of continued unbroken ties to the US and that the trip was extended due to events beyond your control. the burden of proof is on you.

[Shauneg 762]

Yes, from day zero. If you are gone more than you're home (U.S.) than it can't really be said you're a resident. If you're gone more than a year, your GC will be considered abadoned.

[Shauneg 762]

your GC is your proof of permanent residency in the US. if you lose your GC by revocation or abandonment by staying outside the US for more than a year without reentry permit, there is a way to reinstate your permanent residency status and it called the returning resident visa which you have to get at the embassy. in order to do so you must show evidence of continued unbroken ties to the US and that the trip was extended due to events beyond your control. the burden of proof is on you.

Doesn't sound likely in this case as kids and husband came also? You wouldn't move your kids out of country if you didn't intend to be there awhile. Do you still maintain a house in the states? A job that either you or your took a leave or abscence from? Those would should intent you meant to come back in a reasonable time.