Do I understand travelling on IR-1 correctly?

[rablake 0]

My wife and I, who've been married a bit over 2 years, have just applied our I130/DS230/I864 at the Embassy in Abu Dhabi, UAE, where we are currently resident. If I understood what I have been reading correctly, this will mean she could work right when we get back to the USA? We did check the "apply for SSN" box. Also, we can travel out of the country as long as it's not for more than a year, and don't need to apply for permission to travel or re-enter? I'm thinking filing at the Embassy and getting the IR-1 instead of a K visa saves us a lot of those worries and hassles but I want to verify that I'm not mistaken.

We're expecting to head back out to work overseas again, and she should be able to be expeditiously naturalized via section 319b, but I don't know that we'd have time to allow for that processing before we leave.

[MaydayDas 1]

Yes, she can work right away in the States.....about leaving US, I am not sure if you are allowed to go for 1 year...I heard that every 6 months you have to enter US...but I am not sure.....and DCF is the best process you can apply for when you live overseas.

Good luck!

[rablake 0]

Yes, she can work right away in the States.....about leaving US, I am not sure if you are allowed to go for 1 year...I heard that every 6 months you have to enter US...but I am not sure.....and DCF is the best process you can apply for when you live overseas.

Good luck!

Per the "Now That You Are A Permanent Resident" page on USCIS.gov

International Travel

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

You can find more information about travel documents from "How Do I Get a Travel Document?"

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

I remember something to do about 6 months, but don't see it listed and I can't remember the context either.

[Yodrak 7]

rablake,

Being out of the country for more than 6 months 'resets the clock' for meeting one of the requirements for applying for citizenship. See the 'Guide to Naturalization' on the USCIS web site.

Yodrak

Yes, she can work right away in the States.....about leaving US, I am not sure if you are allowed to go for 1 year...I heard that every 6 months you have to enter US...but I am not sure.....and DCF is the best process you can apply for when you live overseas.

Good luck!

Per the "Now That You Are A Permanent Resident" page on USCIS.gov

.....

I remember something to do about 6 months, but don't see it listed and I can't remember the context either.

[rablake 0]

I'm less concerned about the time for naturalization because if we do leave it'll be working for the government overseas and we plan to file for expedited naturalization under section 319b, in which case the length of time to get that approved becomes the deciding factor anyway. I guess I need to look into the specifics of that more, since I just got the call this morning that we were approved and need to stop by with her passport! That's pretty amazing being as how it was only Tuesday we put in our paperwork! They actually called Thursday morning but I missed the call and they only worked a half day. If you can file directly at an embassy or consulate, DO IT!