Question on long duration travel

[sccrsurfer 2]

Hi Everyone!

 

I have two questions. 

 

Back story: 

My wife has the 2 year GC with conditions from a successful filing of a K1 visa, then adjustment of status.  We are in a position to travel abroad for 2-4 years and would like to take full advantage of it!  This would also include traveling back to the US for several months at a time at each 12 month period.  However, we are worried that this may seem as though she's abandoned her intent to pursue permanent residency, and ultimately citizenship in the USA.  She fully intends to stay here.  There's no extenuating circumstance or situation beyond our control taking us out of the country.  We've just acquired the time and means to travel for this length of time.  We don't foresee another opportunity to do this type of thing again until we're retired.  We'd like to have stability for the children as much as possible, and stay 'grounded' in the US once they begin school.

 

 

1) We own property, plan on filing US taxes, etc... do we need to do anything else?  Can we just explain to an immigration officer what we explained above?  Sorry if that sounds naive, but we honestly don't plan on establishing residence outside of the US.  It'd be silly to lose an opportunity like this without fully vetting our possibilities. 

 

2) What if this extended travel includes a US territory?  So for example, what if we lived in USVI or Puerto Rico for 2  years, would this be considered leaving the US?  I mean, it is a US territory, but I know there can be small stipulations that need to be taken into consideration.  

[A'n'L 735]

If you plan to be outside the US more than inside during a period of more than a year, your spouse will need a re-entry permit. The maximum validity of such a permit is two years, but no longer than the validity of the persons conditional GC. Long and frequent stays abroad will affect the time until your spouse is eligible to file for naturalization.

[sccrsurfer 2]

13 hours ago, A'n'L said:

If you plan to be outside the US more than inside during a period of more than a year, your spouse will need a re-entry permit. The maximum validity of such a permit is two years, but no longer than the validity of the persons conditional GC. Long and frequent stays abroad will affect the time until your spouse is eligible to file for naturalization.

She will have the conditions removed and the 10 year GC by the time we leave.  

 

So a re-entry permit is the way to go.  Has anyone been away and temporarily resided outside the country 'just because' for >1 year <2 years and used the re-entry permit to support their continued residency?  

 

I'm just curious what the experience was like.  This would be more clear cut for me if we were going for an employment situation, but can we travel outside the US for this length of time 'just because'?

[A'n'L 735]

1 hour ago, sccrsurfer said:

She will have the conditions removed and the 10 year GC by the time we leave.  

 

So a re-entry permit is the way to go.  Has anyone been away and temporarily resided outside the country 'just because' for >1 year <2 years and used the re-entry permit to support their continued residency?  

 

I'm just curious what the experience was like.  This would be more clear cut for me if we were going for an employment situation, but can we travel outside the US for this length of time 'just because'?

If you're so close to ROC anyways - why not wait until she is naturalized and can travel in and out of the US as she pleases, without cost or worry?

 

The reason for travel doesn't matter so much. Maintaining strong and permanent ties to the US (a permanent home, bank accounts, DL etc) will be helpful when seeking entry using the re-entry permit.

[sccrsurfer 2]

By naturalized do you mean waiting until she is a US citizen, or simply waiting until she gets her 10 year GC?  To be clear, we are going to wait until she gets her 10 year GC.  

 

The reason we aren't keen on waiting is because of when our children would start school.  So there's a timing issue outside of the immigration process that isn't up to us.  We could wait maybe one more year, but that would be it. 

[A'n'L 735]

7 hours ago, sccrsurfer said:

By naturalized do you mean waiting until she is a US citizen, or simply waiting until she gets her 10 year GC?  To be clear, we are going to wait until she gets her 10 year GC.  

 

The reason we aren't keen on waiting is because of when our children would start school.  So there's a timing issue outside of the immigration process that isn't up to us.  We could wait maybe one more year, but that would be it. 

Naturalization = obtaining US citizenship. I'm sure you're aware that the process of obtaining the 10-year GC can take up to or over a year? In the meantime your wife would have an extension letter or stamp with one year validity. Since you don't have a timeline, I don't know if you've already filed for ROC?

 

Of course, I'm not here to tell you what to do. Only you can decide. 

[sccrsurfer 2]

Thank you for the responses. I didn't know it could take that long. These are practical bits of knowledge that are very helpful.

 

We apply for the ROC January 2018. 

 

Assuming we weren't in a rush for her citizenship, after she receives her ROC, is there any danger in her GC being revoked if we have a re-entry permit and came back in less than 2 years?

 

We know for a fact we wouldn't be taking trips this long again for a while. It's not a normal circumstance to begin with. We are ok with citizenship being delayed, we are not ok with opportunity being thrown out or our family being separated. 

 

There re is a vagueness about these policies that I'm trying to clarify for myself. Even with the < 2 year trip and a re-entry permit, can she still face complications aside from her continuous residency being interrupted? 

[A'n'L 735]

20 hours ago, sccrsurfer said:

 

Assuming we weren't in a rush for her citizenship, after she receives her ROC, is there any danger in her GC being revoked if we have a re-entry permit and came back i

 

There re is a vagueness about these policies that I'm trying to clarify for myself. Even with the < 2 year trip and a re-entry permit, can she still face complications aside from her continuous residency being interrupted? 

Only US citizens are guaranteed entry to the US. 

 

However, with a unexpired GC and re-entry permit, as well as unbroken ties to the US - it should be fine.

[diwanrayan 0]

On 6/14/2017 at 9:28 AM, A'n'L said:

Naturalization = obtaining US citizenship. I'm sure you're aware that the process of obtaining the 10-year GC can take up to or over a year? In the meantime your wife would have an extension letter or stamp with one year validity. Since you don't have a timeline, I don't know if you've already filed for ROC?

 

Of course, I'm not here to tell you what to do. Only you can decide. 

Can you please explain ROC. I just recently got GC via C1IR1. Can ROC help to reduce time to apply for Naturalization?

[A'n'L 735]

55 minutes ago, diwanrayan said:

Can you please explain ROC. I just recently got GC via C1IR1. Can ROC help to reduce time to apply for Naturalization?

Do you have a 2-year or 10-year GC. ROC (removal of conditions) is only applicable to residents with a so-called conditional, 2-year GC. They're required to apply for ROC before the GC expires, and will then obtain a 10-year GC. ROC must be completed before naturalization, but it doesn't affect the naturalization process or timeframe.

[diwanrayan 0]

1 hour ago, A'n'L said:

Do you have a 2-year or 10-year GC. ROC (removal of conditions) is only applicable to residents with a so-called conditional, 2-year GC. They're required to apply for ROC before the GC expires, and will then obtain a 10-year GC. ROC must be completed before naturalization, but it doesn't affect the naturalization process or timeframe.

I have 10 year GC. Thus, I think this doesn't apply to me.

Thanks A'n'L