Living outside of the US while holding 2-year greencard

[fa08 0]

Hello,

I have been granted the 2-year temporary greencard in September 2015, after having adjusted my status from the K1 visa. I stayed in the US until April 2016 and have traveled outside of the US since then. My wife (American) is considering a job outside of the US, but will be employed by a US company and will pay US income tax. I plan to go with her, but don't want to lose the opportunity to get the 10-year unconditional greencard, which I must apply for before November 2017. Mainly, I don't want to lose the option of returning with my wife to the US and needing to start the visa process all over again.

Does anyone know how this will affect my ability to apply for the 10-year unconditional greencard?

Thanks in advance for your help!

[aleful 1,905]

hi

how long will the job last? if it is a contract for a few months there is no problem, but if it for longer, the GC is for living in the US

so if you aren't going to live here for a long time, then abandon your GC and start over when your wife decides to move back

you can't remove conditions abroad

[vbtwo 54]

Even with the 10 year GC, you must remain a permanent resident in the United States to keep your status. Most of the year has to be spent in the US. You can lose your GC if you go live somewhere else.

If you stay outside the country for more than a year, you must get a reentry permit or a returning resident visa from a US embassy or they cannot let you in even with a GC. Even if you stay for less than a year, they might deny you entry on the basis that you abandoned your residency.

[Concreterose 1]

Bump

[nitrous_guy 23]

Correct me if I am wrong, I believe you can stay out of the country for a period of 6 months, and between 6-12 months, you might get questioned by the CBP.

More than 1 year outside, you need a re-entry permit.

[akihon 129]

And re-entry permits do not guarantee admissibility.

[Dave&Roza 748]

Hello,

I have been granted the 2-year temporary greencard in September 2015, after having adjusted my status from the K1 visa. I stayed in the US until April 2016 and have traveled outside of the US since then. My wife (American) is considering a job outside of the US, but will be employed by a US company and will pay US income tax. I plan to go with her, but don't want to lose the opportunity to get the 10-year unconditional greencard, which I must apply for before November 2017. Mainly, I don't want to lose the option of returning with my wife to the US and needing to start the visa process all over again.

Does anyone know how this will affect my ability to apply for the 10-year unconditional greencard?

Thanks in advance for your help!

As a LPR--it does not matter whether you have a 2 year GC or a 10 year GC--you must live in the US. Long stays outside the US have two consequences that you need to be aware of especially if you plan to become a US citizen.

Single trips of less than 6 months are not questioned. If you start going outside the US for 5 months, re-enter the US for a month, and then outside the US for another 5 months can be done, but at some point the CBP will warn you to remain in the US. Just keep in mind that the CBP cannot take your GC, but they can have you go before an immigration judge and explain how you have not abandoned your GC.

Any trip greater than 6 months but less than a year will reset your continuous residency clock for becoming a USC. You can maintain your LPR status.

A trip greater than 1 year requires a re-entry permit to be applied for before you exit the country. No guarantees about whether you will be allowed to re-enter the US. You will have to show that you still have ties to the US.

Any trip over 2 years and your LPR status is abandoned.

You still have to show that your relationship is legit for ROC that you will need to file--you window to file opens in June of 2017. It is YOUR GC and YOUR responsibility to know the rules on how to not loose it. Your wife has nothing to do YOUR LPR status. This will be an issue until you become a USC and then you can remain outside the US for as long as you want.

Dave

[fa08 0]

Thanks everyone for the answers. Dave seems to have summed it up nicely - thanks a lot for that!

Could you direct me towards the official page where I can read the regulations on maintaining my GC?

For now, my wife's job is for one year, but with a possibility of extension. I would never be out of the US for more than 6 months, but the problem sounds like it will come in if I am repeatedly out of the US for periods of ~5 months (or so).

Thanks again to everyone for your help with this!

[akihon 129]

Thanks everyone for the answers. Dave seems to have summed it up nicely - thanks a lot for that!

Could you direct me towards the official page where I can read the regulations on maintaining my GC?

For now, my wife's job is for one year, but with a possibility of extension. I would never be out of the US for more than 6 months, but the problem sounds like it will come in if I am repeatedly out of the US for periods of ~5 months (or so).

Thanks again to everyone for your help with this!

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

https://help.cbp.gov/app/answers/detail/a_id/820/~/can-a-u.s.-lawful-permanent-resident-leave-multiple-times-and-return

Those are good starts.

Edited June 23, 2016 by akihon