CR1 Domicile Requirement

[Mr&Mrs G. 903]

11 hours ago, TNJ17 said:

Also before you file for this your USC husband is going to have to move back to the US by himself to establish residency as for what you have there will not do it for immigration purposes. 

If this was a straight forward immigration case, meaning they actually intend to go live in the US.

 

The USC husband does not have to move back to the US to establish residency, he just has to prove his intent to do so. If he has maintained his banking, a car, voting, and included quotes for moving their belongings to the US that would be enough to prove intent. Other means would be enrolling kids in school for next semester, so it all looks like they are actually intending  to move.

 

But the above is irrelevant because clearly they have no intent, and when found out their application would be denied and they would be out application fees. Also quite possibly immigration fraud,  good luck to her even getting a holiday visa after that.

[bakphx1 789]

7 hours ago, missileman said:

I used the quotes to indicate that they are not my own words.  It is very simple to use Google along with the copy and paste functions to find the source.  You want me to do all the work?

I never disagree with you in the past, but yes, you should always cite your sources.  That should be reflexive when dealing with a legal theme such as immigration. 

[R&OC 375]

A question to the experts, though: What does an "extended period of time" translate to in actuality?

[Crazy Cat 42,757]

23 minutes ago, R&OC said:

A question to the experts, though: What does an "extended period of time" translate to in actuality?

I am not an expert, but my understanding is that a permanent resident or conditional permanent resident can travel outside the United States for up to 6 months without loosing the green card. Trips outside the United States for more than 6 months but less than one year can bring additional questioning when when returning to the United States  .Absences outside the United States for a year or more require a Reentry Permit.  Not getting a Reentry Permit and staying outside the United States for more than one year the USCIS may determine that you have abandoned your permanent or conditional residence status.

 

That is what I have gathered from reading and the information gathered here on VJ.

 

[Hamada91 9]

From what I've heard, you can obtain the green card and leave the US up to 6 months max. then go back to the US for a couple of day and return to Australia but I wouldn't recommend doin that as you will be questioned upon your arrivals in the US in the next entries. correct me if I'm wrong though.

Edited March 6, 2018 by Hamada91

[R&OC 375]

Thank you - missileman. I am asking because I am not sure if these six months pertain to a calendar year or the period until you file for 10-year GC...

[geowrian 22,338]

There isn't a fixed amount of time as CBP can make the determination of abandonment of residency. But travel abroad in excess in 1 year has a presumption of abandoning residency, and travel in excess of 6 months generally breaks continuous residency. A "touch down" in the US while still living abroad doesn't avoid abandoning residency.

 

In general, a permanent resident must live/reside within the US more than live/reside outside of it.

 

3 minutes ago, R&OC said:

Thank you - missileman. I am asking because I am not sure if these six months pertain to a calendar year or the period until you file for 10-year GC...

The six months is generally interpreted as a rolling period...i.e. over the past 12 months, how many were you abroad? But again, CBP would look at the totality of the circumstances.

[Crazy Cat 42,757]

1 hour ago, Hamada91 said:

From what I've heard, you can obtain the green card and leave the US up to 6 months max. then go back to the US for a couple of day and return to Australia but I wouldn't recommend doin that as you will be questioned upon your arrivals in the US in the next entries. correct me if I'm wrong though.

I, also, would highly suggest avoiding that strategy......i have seen posters who were suddenly denied after doing this a few times....

[pushbrk 13,267]

7 hours ago, missileman said:

I, also, would highly suggest avoiding that strategy......i have seen posters who were suddenly denied after doing this a few times....

You never know when this will happen.  Murphy's law, says it will be at the worst possible time.  Google "Maintaining Permanent Resident Status US" and do some study.  Entering the US as a non-citizen is always a judgment call.  Not all officers use the same judgment.  Each situation is different.