I just received 2-year marriage-based green card and my husband(US citizen) needs to start foreign graduate school

[blassreiter 0]

Hello

In December 2016, I did my marriage-based green card interview and received the card, which is a conditional card lasting 2 years.

My husband, who is a US citizen, needed to attend a graduate school in the Caribbeans for two years (foreign country). Then, he will come back to and settle in the US.

 

We both came here in January 2017. I was planning to live here with him for about 5 months, come back to US and live with my mother-in-law for 1 month, then go back to my husband studying abroad to live for 5 months, and come back to US and so on.. This would ensure I follow the 'continuous 6 months' rule for citizenship application later on. However, I would be spending 46 months out of 48 months conditional green card period abroad. Then, would that absence from US jeopardize my eligibility to apply for a real green card by removing condition (I-751) ?

 

I know faithful marriage is important and residence in US is also important, in applying for a real green card. Even if I get a re-entry permit, I am worried whether spending 46 months out of the country in that 2 years would jeopardize my eligibility, or whether I would even get denied re-entering the US while doing that.

 

Ideally, I want to live with my husband in the foreign country while he studies, and return to US with him after 2 years to apply for the real green card by removing conditions (I am willing to visit US for weeks to 1month during this period of course). If there is an issue, what should I do? Would I need to live in the US apart from my husband in this 2 year conditional green card period? If so, how long?

Edited February 12, 2017 by blassreiter

[Penguin_ie 5,996]

***** Moving from ROC to Travelling During US Immigration for answers *****

[AK_2014 113]

On 2/12/2017 at 11:21 AM, blassreiter said:

Even if I get a re-entry permit, I am worried whether spending 46 months out of the country in that 2 years would jeopardize my eligibility, or whether I would even get denied re-entering the US while doing that.

For the record, it's pretty hard to spend 46 months out of the country in a 2-year period, given that there are only 24 months in that time. 

 

Seriously, it's good that you know about the re-entry permit. (Heads up: it won't be valid for a full two years from when it is issued; it will expire when the conditional green card expires.)

 

My understanding is that long periods outside the country are more of a concern for citizenship (i.e. delaying your eligibility to apply for citizenship) than for ROC itself. If you 1) have a re-entry permit, 2) are able to gather and show plenty of evidence that you are living with your spouse during that time abroad, and 3) show evidence of continued ties to the U.S., such as banking records, insurance, rent if you're paying any, etc., I think you'll be fine? Also, it will be good to provide evidence that the time abroad is limited-term, i.e. an educational program that begins on such-and-such a date and ends on such-and-such a date.

 

Someone please chime in if I'm mistaken.

 

edit: also, show evidence of filing for/paying taxes!

Edited February 14, 2017 by AK_2014