Travelling outside of the US with a CR-1 status

[ljujas2019 23]

Hi everyone!

 

I hope you are all healthy and doing well during these difficult, confusing and uncertain times, and I am glad that we can support each other here on VisaJourney. 

 

I have a question in regard to travelling and spending periods of time outside of the US with a CR-1 status. Basically, I immigrated to the US from Sweden in January, to reunite with my American spouse, and then the pandemic broke out and we ended up being in quarantine at home, only a month after my port of entry. My plans to contribute to our family financially, starting up my life there etc., were delayed, as for many of us, and I started missing my family in Sweden and growing increasingly concerned for them in the context of the pandemic. To support my family (many members of whom had lost their jobs and were struggling, concerns about my elderly grandmother's health and care taking, etc.), I went to Sweden temporarily, in May, and I am still here, planning to go back to the US toward the end of the summer/early fall, within the 6 month period green card holders are allowed to travel outside the US. However, my point with all of this is to ask, when or how does the 6-month travelling guidelines for green card holders apply? How does it work? Let's say I decide to visit Sweden for three months next year, in February 2021, for example, to visit my family again, does this time add to my 6-month period outside of the US from this year, 2020? When does the counting start and end? Are we only allowed to be outside of the US for 6 months per 12 months, starting the day I immigrated to the US (January 22, 2020)? Or does the counting start from the end of my trip - let's say I go back to the US in September, will I only be able to travel for a longer period (less than 6 months though) in September 2021, after a year? Does the system reset in this way or how does the "counting system" work? 

 

I gratefully welcome any piece of information or advice. Also, I am sorry for the messy question and post, but thank you everyone and good luck to you all!

 

 

[Crazy Cat 41,895]

Green Card holders can stay outside the US for up to 12 months in a single visit without prior permission from the US government.

 

"If you are a lawful permanent resident (green card holder), you may leave the U.S. multiple times and reenter, as long as you do not intend to stay outside the U.S. for 1 year or more. ...."

 

 

Edited June 28, 2020 by Lucky Cat

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration forum.

[SusieQQQ 11,586]

It’s 12 months, not 6 months, that is the maximum time allowed out without a re-entry permit. The relevance of the 6-month period is continuous residence for naturalization. 

[ljujas2019 23]

On 6/29/2020 at 12:32 AM, SusieQQQ said:

It’s 12 months, not 6 months, that is the maximum time allowed out without a re-entry permit. The relevance of the 6-month period is continuous residence for naturalization. 

Oh, I see, but if I want to maintain my continuous residence for naturalization, travelling outside of the US for 6-month periods or less, how does this work in my case? I mean, if I have been abroad for 6 months and return by October 2020 (having immigrated to the US in January 2020), will I be able to travel abroad again by early Spring 2021 and spend 3-6 months outside of the US again? I don't know how this "counting" works. I do want to maintain continuous residence for naturalization. 

 

Maybe this timeline helps:

January 2020 - Immigrated to the US

May 2020 - Travelled abroad

October 2020 - Expected to be back in the US

----

When, in 2021, can I travel again, for a (up to) 6 month period, but also maintaining my continuous residence (for naturalization), given the time I have spent abroad in 2020? What do you think?

Edited June 30, 2020 by ljujas2019

[SusieQQQ 11,586]

9 hours ago, ljujas2019 said:

Oh, I see, but if I want to maintain my continuous residence for naturalization, travelling outside of the US for 6-month periods or less, how does this work in my case? I mean, if I have been abroad for 6 months and return by October 2020 (having immigrated to the US in January 2020), will I be able to travel abroad again by early Spring 2021 and spend 3-6 months outside of the US again? I don't know how this "counting" works. I do want to maintain continuous residence for naturalization. 

 

Maybe this timeline helps:

January 2020 - Immigrated to the US

May 2020 - Travelled abroad

October 2020 - Expected to be back in the US

----

When, in 2021, can I travel again, for a (up to) 6 month period, but also maintaining my continuous residence (for naturalization), given the time I have spent abroad in 2020? What do you think?

For naturalization you need to meet both the continuous residence and physical presence requirements. It’s also not mechanical “counting”, as they state they can still find you have broken continuous residence for multiple absences of less than 6 months. The basic rule is that the US must be your primary residence- you spend more time in the US than out of it, obviously file taxes, maintain your bank accounts, etc etc. 

 

If you want to naturalize at the 3 year mark based on marriage to a citizen, you also need to ensure you have met the “living in marital union” requirement. Frequent absences of up to 6 months abroad at a time may make that hard to meet too. If naturalizing on the 5 year rule then this doesn’t apply. 
 

I’d suggest  you read the more detailed descriptions in the USCIS manual as well on these matters:

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4