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Whitey1944

Annual time in US for visa holders

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Filed: E-1 Visa Country: Japan
Timeline

I researched this in various sources and couldn't find any info (maybe because it doesn't exist), but once an immigrant visa/green card has been granted, is there any requirement for amount of months to be spent in the US, e.g. six months out of every year, etc.?

Thanks for your help.

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Filed: IR-1/CR-1 Visa Country: Spain
Timeline

Once you’re a lawful permanente resident (entered the US with an immigrant visa like CR-1 or IR-1) or have you green card if oh adjusted status in the IS, you are required to stay in the US for the majority of the year. In practice, this is 6 months out of the year. If you’re out of the US for more than a year you’re at risk for losing your permanent residency status unless something happened beyond your control (medically emergency or otherwise). 

CR-1 Nebraska Service Center U.S. Embassy Madrid

 

Event

Date
Service Center : Nebraska Service Center
Transferred? No
Consulate : Madrid, Spain
Marriage (if applicable):  
I-130 Sent : 2018-04-11
I-130 NOA1 : 2018-04-23
I-130 RFE :  
I-130 RFE Sent :  
I-130 Approved : 2018-06-20
NVC Received : 2018-06-27
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Strict/fixed requirement, no. But the US must remain your place of permanent residence. Extended travel abroad can cause CBP to question that you have abandoned permanent residence. Generally, one should remain within the US for at least 6 out of 12 months per year.

Concurrent travel abroad in excess of 1 year has a presumption of abandoning permanent residence, which can be difficult to overcome.

If somebody needs to be abroad for an extended period of time, a re-entry permit should be acquired.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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24 minutes ago, Whitey1944 said:

I researched this in various sources and couldn't find any info (maybe because it doesn't exist), but once an immigrant visa/green card has been granted, is there any requirement for amount of months to be spent in the US, e.g. six months out of every year, etc.?

Thanks for your help.

Well, common sense - Legal residents of the US, need to keep their legal residency in the US...

 

If someone use their green card to "live" in the US only for few months every year, there is a BIG chance that eventually immigration officers will question that person and they will face the risk of loosing the green card.

 

If someone knows they will not live permanently in the US, then IMO they should NOT bother with acquiring green card.

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: Citizen (apr) Country: Canada
Timeline
40 minutes ago, geowrian said:

Strict/fixed requirement, no. But the US must remain your place of permanent residence. Extended travel abroad can cause CBP to question that you have abandoned permanent residence. Generally, one should remain within the US for at least 6 out of 12 months per year.

Concurrent travel abroad in excess of 1 year has a presumption of abandoning permanent residence, which can be difficult to overcome.

If somebody needs to be abroad for an extended period of time, a re-entry permit should be acquired.

To add to this---even shorter frequent trips abroad over the years can result in CBP questioning your intent as a green card holder as the rule/expectation is you will be permanently residing in the US (thereby spending the balance of your time in the States) and not using a green card as a sort of "glorified tourist visa".

 

I was sent to secondary questioning (when I was a LPR) after returning from a 60-day trip abroad.  Not necessarily because of the length of my trip, but more because they weren't keen on the fact that I'd traveled to my home country quite frequently over a 2 year period.  I've been sent to secondary questioning for several reasons in the past----but honestly that was the first time I was actually worried----and took that experience for what it was as a heavy warning.

 

TL:DR - Watch not just the amount of time you spend abroad, but also how frequently you travel abroad.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Filed: K-1 Visa Country: Netherlands
Timeline
38 minutes ago, Roel said:

Well, common sense - Legal residents of the US, need to keep their legal residency in the US...

 

Since when does CBP/USCIS use common sense? :jest:

 

Anyway, back on topic.

I can understand the question. There's plenty of people who love to travel. It's not uncommon for someone to take months off of work to travel to India, Nepal, Myanmar or Australia, New Zealand, Papua New Guinea. That doesn't mean they want to give up residency.

Just imagine a couple that has met on their world travels and would like to celebrate their anniversary by taking a trip to the place they met all those years ago. They have the time and the means to do so, why restrict them from doing what they love. Their home is still the United States.

I understand most of us don't have the means to do this, but just because we cant doesn't mean someone else shouldn't be able to.

 

 

 

 

Edited by Little_Vixen

06.01.2016 met online                                                                    

06.23.2017 met in person                                                              

12.16.2017 got engaged

 

K1 fiance visa

12.20.2017 K1 filed

12.22.2017 NOA-1

07.10.2018 NOA-2 (200 days)

07.18.2018 case at NVC (case number available on 07.20)

7.26.2018 case at Amsterdam Consulate

7.27-2018 P3 through e-mail

08.02.2018 medical

08.14.2018 interview APPROVED 

08.21.2018 POE

08.25.2018 💕Married 💕

 

AOS adjustment of status and AP/EAD 

08.27.2018 filed AOS, AP and EAD

08.30.2018 NOA-1 on all 3

9.21.2018 RFE on AOS

9.28.2018 replied to RFE

10.04.2018 biometrics appointment Louisville

11.29.2018 AOS interview Indianapolis  

01.28.2019 AOS approved

 

ROC removal of conditions

12.7.2020 filed ROC 

1.30.2021 NOA-1

5.28.2021 existing biometrics applied (no new biometrics done)

10.27.2021 ROC approved (no interview)

 

Check your case status: https://myaccount.uscis.dhs.gov

Call USCIS: 800-375-5283 

 

 

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15 minutes ago, Little_Vixen said:

Since when does CBP/USCIS use common sense? :jest:

 

Anyway, back on topic.

I can understand the question. There's plenty of people who love to travel. It's not uncommon for someone to take months off of work to travel to India, Nepal, Myanmar or Australia, New Zealand, Papua New Guinea. That doesn't mean they want to give up residency.

Just imagine a couple that has met on their world travels and would like to celebrate their anniversary by taking a trip to the place they met all those years ago. They have the time and the means to do so, why restrict them from doing what they love. Their home is still the United States.

I understand most of us don't have the means to do this, but just because we cant doesn't mean someone else shouldn't be able to.

 

 

 

 

 

Well, unfortunately there are rights and responsibilities (and restriction!) of the green card holder. If someone have issues with that, they should rethink their choice to become US legal resident. It's US (or USCIS ) law and they can come up with whatever they want and no one is "forced" to move to the US at the end. 

 

We can argue about it, discuss what we wish we could do, but rules are clear - must maintain residency.  If someone wants to feel "safe" when traveling abroad for a longer period, have them apply for a re-entry permit.

 

If someone wants to frequently travel back and forth between US and their home country, they should hold on until they receive their US residency. Nothing stops them then. :)

 

edit: Before someone comes here and tell me I'm unsympathetic (again!) - My husband soon leaves on a longer mission and I wish I could spend that time in my home country with my family instead of being alone. But I know the rules and I'm not going to mess up my immigration history and potentially add issues to future naturalization. Sometimes you just gotta suck it up. ;)

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: Other Country: China
Timeline

Study the original "source" and you'll see it's not as simple as you would hope.  Essentially "live" in the USA more than not and don't leave for a year without coming back.

 

It is always a judgment call on each entry.

 

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: Other Country: China
Timeline
59 minutes ago, Whitey1944 said:

Excellent information from all of you.

Thank you so much and I will take everything under consideration.

 

Best to you all.

It's fine to take everything under consideration but it is critical you throw out any "information" that conflicts with anything you read from the official link I gave you.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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6 hours ago, Little_Vixen said:

Since when does CBP/USCIS use common sense? :jest:

 

Anyway, back on topic.

I can understand the question. There's plenty of people who love to travel. It's not uncommon for someone to take months off of work to travel to India, Nepal, Myanmar or Australia, New Zealand, Papua New Guinea. That doesn't mean they want to give up residency.

Just imagine a couple that has met on their world travels and would like to celebrate their anniversary by taking a trip to the place they met all those years ago. They have the time and the means to do so, why restrict them from doing what they love. Their home is still the United States.

I understand most of us don't have the means to do this, but just because we cant doesn't mean someone else shouldn't be able to.

 

 

 

 

It’s quite easy to show that you’ve just been traveling if that’s what you have been doing, and in that case there should be no issue at all showing that the US remains your principal residence.

But many immigrants go back and spend months a year in their old home country, living there for months at a time, in a private house they or a relative own, sometimes working, sometimes using public health care etc - this is where the concept of “residence” becomes a bigger issue.

Edited by SusieQQQ
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Filed: AOS (pnd) Country: Canada
Timeline
9 hours ago, geowrian said:

Strict/fixed requirement, no. But the US must remain your place of permanent residence. Extended travel abroad can cause CBP to question that you have abandoned permanent residence. Generally, one should remain within the US for at least 6 out of 12 months per year.

Concurrent travel abroad in excess of 1 year has a presumption of abandoning permanent residence, which can be difficult to overcome.

If somebody needs to be abroad for an extended period of time, a re-entry permit should be acquired.

Per year? I thought it was over any 12 month period. 

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Just now, Teemo said:

Per year? I thought it was over any 12 month period. 

Correct. I meant year time-wise, not calendar year.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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