living outside USA

[aslam khan 5]

thank you for your kind words.

how can i show that USA is a my primary residence. what are the ties i have to maintain to show CBP officer that my primary residence is USA.

[Shauneg 762]

Live here, which you aren't doing...

[Amadia 711]

Hi All,

I enter Usa on Dec 13 2015 and get my green card after 40 days. On july 18 2016 i return back to Pakistan, spending almost 7 months in USA. i am planning to return usa on Jan 10, 2017 to avoid my six months outside stay of USA. Is that fine.

thanks for reply.

doesnot the rule say to spend half of three year, being married to US citizen. (i.e. eighteen months)

i am following the naturalization requirement as per law then why they question me?

Hi,

As others have said before, your plan for trips between Pakistan and USA will hinder your chances of acquiring US citizenship when it is time for you to apply for your naturalization. Although you are a Permanent Resident, the CBP officers can still deny your entry into any US border if they suspect that you are using the green card as a tourist visa to transit back and forth between your birth country and USA.

When the immigrant visa was applied for, this meant that the US gov't would grant you permission to LIVE and WORK in the USA. If you constantly travel for purposes other than those that maybe deemed "work-related", the CBP officers at the point of entry have authority to question you on your transits and there is no room for lies as the stamp(s) in your passport would reveal the truth.

You are not really following the naturalization requirement because you are only planning to return to USA for a mere 10 days. It might be considered visa abuse and they can terminate your residency for these simple plans that you have.

My advice: please think this through in its entirety before you decide on your next trip out of USA.

Good luck.

[Hypnos 6,576]

A green card is for people who wish to live in the US. If your aren't living in the US then you aren't entitled to a green card.

CBP may ask for proof you have maintained your residency when you attempt to re-enter. Hopefully you have something to show them.

If CBP believe you are using your green card as a tourist visa then it's possible they may ask you to voluntarily surrender it. Should you refuse, they may issue you with a NTA where they would ask an immigration judge to revoke your LPR status.

Edited September 18, 2016 by Hypnos

[Cathi 5,748]

A green card is for LIVING in the US, NOT visiting. Sad so many people abuse the system.

[Meg&Andrew 297]

how can i show that USA is a my primary residence.

This is a self explanatory question. But I'll answer it for you anyways. I would start by living primarily In the USA and not your home country.

[Cheezees 1,514]

thank you for your kind words.

If you have to ask this: how can i show that USA is a my primary residence. what are the ties i have to maintain to show CBP officer that my primary residence is USA. then you clearly do not know the purpose of a permanent resident card. As others have stated, using your GC as a multi-entry visa is very likely to land you in trouble. What is so pressing elsewhere that you must leave so often for such long stretches of time?

[JFH 12,190]

I would also question whether you are in a bona fide marriage to a USC. Couples don't voluntarily spend many months of each year living apart, especially after jumping through all the hoops to get a K-1 or CR-1 visa in the first place.

You even titled this thread "living outside USA" so by your own admission you don't even live there.

[hkl 9]

Aslam Khan, most of the people in this thread are being unnecessarily harsh to you. The rules are clear: 18 months out of 36 months inside the country. If you leave for more than a year you are not eligible. If you leave for more than 6 months you still may be, but will have to do some explanation. I would keep a place to live in the US during all your trips. You don't have to work in the US at all if you have enough money. While theoretically you could spend only 2 days in US in the first 18 months (come back for a day after each 6-month period) and stay the entire remaining 18 months to still remain eligible I would not take it to that extreme. I am paying attention that my wife spends at least 3 months at home in each 6-month period. I hope that you are travelling with your spouse. If not then you have a bigger problem. Another criterium is that you have to live with your spouse for 3 years. Living with your spouse is necessary for removal of conditions as well, which is not clear from your post if you are already past that.
When I interviewed for citizenship I had 50 trips amounting to nearly 30 months out of 60. The friendly reaction of the interviewer was: "That's crazy, but within the rules".

Enjoy your travels.

Edited September 18, 2016 by hkl

[Cheezees 1,514]

Aslam Khan, most of the people in this thread are being unnecessarily harsh to you. The rules are clear: 18 months out of 36 months inside the country. If you leave for more than a year you are not eligible. If you leave for more than 6 months you still may be, but will have to do some explanation. I would keep a place to live in the US during all your trips. You don't have to work in the US at all if you have enough money. While theoretically you could spend only 2 days in US in the first 18 months (come back for a day after each 6-month period) and stay the entire remaining 18 months to still remain eligible I would not take it to that extreme. I am paying attention that my wife spends at least 3 months at home in each 6 months period. I hope that you are travelling with your spouse. If not then you have a bigger problem. Another criterium is that you have to live with your spouse for 3 years. Living with your spouse is necessary for removal of conditions as well, which is not clear from your post if you are already past that.

When I interviewed for citizenship I had 50 trips amounting to nearly 30 months out of 60. The friendly reaction of the interviewer was: "That's crazy, but within the rules".

Enjoy your travels.

You state that others are being harsh and then go on to mention the same criticisms. The fact that it somehow worked out for you is just that - it worked out for you. I have read many stories where it did not or almost did not - The GC holder was either badgered or asked to surrender their GC based on abuse of their PR status. Even the OP's thread is titled "Living outside USA:. It remains true that the criterion for a PR is residence within the US. Some people are denied entry and while your story is hopeful, it would be reckless not to mention the countless other times when the opposite has happened.

[JFH 12,190]

From the OP's other threads, it would appear that he only ever intended to visit his wife, not live with her. Employment visa was denied, got married to a USC very quickly afterwards. Applied for a tourist visa but was denied due to marriage to USC and suspected immigration intent. Applied for CR-1 but even then posted here saying he wanted to use it to visit his wife. He was advised numerous times back then that a green card is for living in the USA, not for multi-entry visiting. Seems the advice was not heeded.

[Phoen1x 4]

People in this thread have been a little harsh but they are correct. OP, Resident Card is residing not visiting the USA which you ARE doing. Any CBP or CO will know what you are doing and will find a way to make your life miserable. You can technically be correct and maybe the officer who does review your case says eh oh well, or you could get someone to screw you over.

Anyways it is still your choice. The method you are doing right now while it is legal, it isn't advised because you leave yourself open to being questioned. Heck once you do apply for your naturalization they could just put your file in AP which really has no time limit.

[KierenHby 899]

Thanks for reply,

i am coming back for short trip like 10 days but next time i am planning to stay more than six months. for three year naturalization process i need to stay 18 months in USA right.

Thanks for help

Is that your primary goal?

[KierenHby 899]

From the OP's other threads, it would appear that he only ever intended to visit his wife, not live with her. Employment visa was denied, got married to a USC very quickly afterwards. Applied for a tourist visa but was denied due to marriage to USC and suspected immigration intent. Applied for CR-1 but even then posted here saying he wanted to use it to visit his wife. He was advised numerous times back then that a green card is for living in the USA, not for multi-entry visiting. Seems the advice was not heeded.

Ahh.. one of those!

[Cheezees 1,514]

From the OP's other threads, it would appear that he only ever intended to visit his wife, not live with her. Employment visa was denied, got married to a USC very quickly afterwards. Applied for a tourist visa but was denied due to marriage to USC and suspected immigration intent. Applied for CR-1 but even then posted here saying he wanted to use it to visit his wife. He was advised numerous times back then that a green card is for living in the USA, not for multi-entry visiting. Seems the advice was not heeded.

That explains the defensiveness. OP, what are your motives?