Studying abroad while having conditional green card

[mangu 0]

Thank you guys for the different opinions - it really helps to make a decision.

• zkt101: So about the reentry permit, what if they deny it? Does it look bad on your history when applying for ROC or citizenship? Also, I see that it is granted for when you intend to leave for more than a year - I only want to leave for 1 month at a time. Would they still approve it?
• NLR: Yes, I will have all of those for sure. I guess I should file the latest possible to gather more evidence - as I will be in the US continuously for the 2nd year of the conditional status. But can't spouses leave each other for a little and still have genuine love for each other? USCIS thinks that it is fishy to study abroad?

[NikLR 13,232]

You only need a re-entry permit unless you plan on staying out of the country for at least a year. Which you are not.

And because you only have a year left, this looks a lot better than if you were going to do this for several years.

To answer your question, yes they think it's fishy for people who are not US citizens to study abroad. You spent time and money to get a green card and they are wondering why you aren't spending most of your time in the USA.

[zkt101 38]

USCIS should approve your application for re-entry permit with no problem. The problem is you're not supposed to use a green card as a visa to enter the U.S. CBP will catch up with your pattern and might cancel your green card. So you should be prepared before each time you're questioned at POE, and make sure you have a lot of ties to the U.S before leaving because it not only help you with your re-entry, but also removal of conditions on your green card latter on.

Good luck.

[mangu 0]

If I have the reentry permit would CBP be still upset of my travels?

Should I apply for it the day I POE or is that suspicious? If I do biometrics for it, can I leave and enter simply back as a green card holder (irrespective of the decision)?

[NikLR 13,232]

I would not bother for the reentry permit if you will not be out for over 1 year.

[Dave&Roza 748]

USCIS should approve your application for re-entry permit with no problem. The problem is you're not supposed to use a green card as a visa to enter the U.S. CBP will catch up with your pattern and might cancel your green card. So you should be prepared before each time you're questioned at POE, and make sure you have a lot of ties to the U.S before leaving because it not only help you with your re-entry, but also removal of conditions on your green card latter on.

Good luck.

Just to be clear here. CBP CANNOT cancel nor revoke nor take your GC away from you. Only an immigration judge (IJ) can do that. CBP CAN see your pattern and warn you that the next time you had better do X--we have heard that here on VJ. They can suggest you surrender your GC, but you must do so voluntarily. They CAN detain you and have you appear before an IJ to plea your case that you have not abandoned you LPR status.

IMHO, you can do this and be able to keep your LPR status and then file your ROC. Just keep meticulous records as how you are becoming a couple, a good explanation as to why you need to complete your studies overseas--i.e. you started before the visa process, transferring a masters in not straight forward, the extra earning potential this degree will give you for your family, your spouse's support, your residence in the US, etc. Another thing to point out about Gary&Alla is their son is now a USC. Your first couple of years together with your new wife is not the norm, but that does not mean you have any less of a legitimate marriage than those that spend all 2 years in the US. It just means you have to go a bit above to prove that the marriage is legitimate.

Dave

[mangu 0]

Thanks Dave. So you are saying even if CBP notice something they will most likely just give me a warnig after which I basically have to stay in the US until citizenship, but at least my status would not be jeopardy?

I actually planing to stay for at least 3 months after POE and only leave after. Hopefully get a short term job to show on my tax return. And then do 1 month back and forth travels. And yes, I would be doig the grad school to better support my family, absolutely!