Extended travel outside the US as a green card holder

[AJParry89 0]

Hello,

My wife is a green card holder, she is an Indian citizen.  We would like to travel back to India for an extended period of time (longer than 1 year) to be with our family and friends there.  I understand that there is a form, I-131, that is best to fill out and submit before attempt to re-enter the US.  My question is, do we submit this application while In India, with adequate time before coming back to the US.  Or is this something that we should fill out now, while in the US, prior to leaving?  The language used on the site, the instructions, and the form are just a little confusing.  IF we should submit this now before we leave, under section 2, does she want to check box 1.a or 1.d?

 

next question, at this point I am not really sure how long we will be there.  on the application it asks for intended length of travel time.  what is an allowable amount of time out of the country with this form filed?  out situation is pretty straight forward otherwise, married with one child, her family is in India and that is reason for travel.  I have money in savings, the trip wont cost us a lot, since living with family, etc.  so I think 'time' would be the only factor that DHS could complain about.  so wondering what people thought an allowable amount of time would be.  

 

thanks for the help!

[SusieQQQ 11,587]

 If filing 131 as a re-entry form it must be filled out in the US, and biometrics done in the US, before you leave. You can arrange to have the form sent to your closest consulate after that. Not sure what you were reading that made it confusing, but here is a uscis plain-English guide that should answer all your questions :  https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

 

You will see from that link that the maximum time available is 2 years, but you can renew (again would need to do from within US though).

 

As an aside, you are aware of the effect that being out for longer than a year has on naturalization requirements? 

[Nitas_man 3,100]

25 minutes ago, AJParry89 said:

Hello,

My wife is a green card holder, she is an Indian citizen.  We would like to travel back to India for an extended period of time (longer than 1 year) to be with our family and friends there.  I understand that there is a form, I-131, that is best to fill out and submit before attempt to re-enter the US.  My question is, do we submit this application while In India, with adequate time before coming back to the US.  Or is this something that we should fill out now, while in the US, prior to leaving?  The language used on the site, the instructions, and the form are just a little confusing.  IF we should submit this now before we leave, under section 2, does she want to check box 1.a or 1.d?

 

next question, at this point I am not really sure how long we will be there.  on the application it asks for intended length of travel time.  what is an allowable amount of time out of the country with this form filed?  out situation is pretty straight forward otherwise, married with one child, her family is in India and that is reason for travel.  I have money in savings, the trip wont cost us a lot, since living with family, etc.  so I think 'time' would be the only factor that DHS could complain about.  so wondering what people thought an allowable amount of time would be.  

 

thanks for the help!

You have to apply for it and finish biometrics before you leave

 

Ours I put “for up to two years to accompany USC spouse overseas for work”

 

Best to have it in your hand before travel

 

It expires two years after it’s issued.  Returning after expiration?  Requires obtaining an SB1 which is very, very hard to get.

Edited December 15, 2019 by Nitas_man

[AJParry89 0]

Hi, thank you for the help.  I never noticed that page that you just showed me now, only the form and the instructions that go with the form, and the language on those were confusing to me.  Ok, i understand now.    So the reentry permit is automatically good for 2 years?  Or i need to suggest travel time that long if we want to receive a 2-year permit?  

[SusieQQQ 11,587]

To be honest, I’m still not seeing where the instructions are confusing. From the actual instructions themselves, page 2:

 

Your initial question was clearly answered:

If you are in the United States as a lawful permanent resident or conditional permanent resident, you may apply for a Reentry Permit. You must be physically present in the United States when you file the Reentry Permit application and complete the biometrics services requirement. ....
NOTE: A Reentry Permit may be sent to a U.S. Embassy, U.S. Consulate, or DHS office abroad for you to pick up, if you make such a request when you file your application.

 

Your question about the period of validity is also clearly addressed:

Generally, a Reentry Permit issued to a lawful permanent resident is valid for 2 years from the date of issuance. ... However, if you have been outside the United States for more than 4 of the last 5 years since becoming a lawful permanent resident, the permit will be limited to 1 year

 

https://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

 

You didn’t answer the question about if your wife understands the implications for naturalization. It’s ok if she has to wait over 4 years from the date you eventually return after your trip?

Edited December 16, 2019 by SusieQQQ

[AJParry89 0]

yes, the implications on naturalization we understand, thank you!  

 

so my one question still remains, I guess, is that the reentry permit is automatically issued for 2 years regardless of how long we say our travels will be on the application? 

 

thanks for all your help! 

[AJParry89 0]

So I would like to give more detail, because I have stumbled upon some other information, but once again, I am not sure if it applies to us or not.  I am actually a missionary working for a mission organization here in the U.S. and am being sent to India to do mission work there.  I did not mention this before, cause I simply did not think that it pertained, and I wasn't getting paid by an Indian organization, so I didnt consider it working abroad.  I stumbled across form I-470.    It seems that this is only applies for permanent residents who are working abroad, NOT permanent residents who are married to U.S. citizens working abroad?  or does this apply to us as well, and should we be filing this instead?   

 

once again, I really appreciate all the help and patience here!  

[SusieQQQ 11,587]

2 hours ago, AJParry89 said:

yes, the implications on naturalization we understand, thank you!  

 

so my one question still remains, I guess, is that the reentry permit is automatically issued for 2 years regardless of how long we say our travels will be on the application? 

 

thanks for all your help! 

That question to my mind has been clearly answered.. there is a standard expiry time so yes.

Edited December 17, 2019 by SusieQQQ

[Nitas_man 3,100]

On 12/16/2019 at 6:29 AM, AJParry89 said:

Hi, thank you for the help.  I never noticed that page that you just showed me now, only the form and the instructions that go with the form, and the language on those were confusing to me.  Ok, i understand now.    So the reentry permit is automatically good for 2 years?  Or i need to suggest travel time that long if we want to receive a 2-year permit?  

Automatically 2 years

 

Warning:  if you stay out longer, and have to apply for SB1, your wife will go through (2) interviews, do a new medical, get a new police certificate, and you will have to file a new support affidavit.  
The support affidavit can be a hang-up if you’re living in India.

It’s an I-134 not an I-864

Edited December 18, 2019 by Nitas_man