when CR-1 issues, what are the rules regarding traveling out if USA?

[steve-phuket 10]

assuming i can get my wife a CR-1, what are the rules if we want to travel outside the USA?

 

is there a minimum time she must stay in USA per year or a maximum length trip?

 

thanks

 

[LilyJ 1,258]

Generally to keep permanent residency, so that it isn't assumed abandoned, she should be inside the US more than she is out, but she shouldn't be out of the US for more than 12 months or she will lose her green card. Staying outside the US too long may also affect citizenship in the future.

[steve-phuket 10]

so something like 7 months/year in USA and 5 out would probably be ok? we are thinking winters back in Thailand

[Just Paul 4,595]

7 minutes ago, steve-phuket said:

assuming i can get my wife a CR-1, what are the rules if we want to travel outside the USA?

 

is there a minimum time she must stay in USA per year or a maximum length trip?

 

thanks

 

Don't go to Cuba or North Korea.   Don't spend more than a year out of the US at a time.  If citizenship is in the plans look at the time in country requirements.

[Ryan H 3,812]

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

[steve-phuket 10]

ok, thanks no problem about cuba or NK. i found this on citizenship. 

 if you are married to a U.S. citizen, the requirement is 3 years of continuous residence (while married to the U.S. citizen spouse). There’s an exception if the spouse is a battered spouse.

Travel outside the United States can disrupt your continuous residence. You should avoid any trips abroad of 6 months or longer. For the purposes of naturalization:

• A trip abroad that is less than 6 months will not disrupt continuous residence.

citizenship would be useful incase we every plan to return to Thailand in future but want her to keep my SS survivor benefits. 

[geowrian 22,337]

It's slightly more complicated than that.

 

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

Quote

An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time.

So it's not just >6 months = break in continuous residence...It's a judgement call. For example, 5 months out, 1 month in, 5 months out may break it.

[steve-phuket 10]

8 minutes ago, geowrian said:

It's slightly more complicated than that.

 

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

So it's not just >6 months = break in continuous residence...It's a judgement call. For example, 5 months out, 1 month in, 5 months out may break it.

no, i'm thinking 7 months in US, 5 months in winter in Thailand each year. i hate cold and don't really need the money from work, so travel and working 7 months in US per year is enough for me and spouse and i think should still qualify for citizenship in 3 years.

 

what i'm still not sure about is my wife getting social security survivor benefits. she's 15 years younger than me so would likely outlive me by quite a while. i'm assuming if she becomes a citizen she will qualify for my survivor benefits even if she doesn't have a big work history, but not totally sure on that.

Edited August 9, 2020 by steve-phuket

[Scandi 4,166]

Easy fix, stay put in the US for the ~4 years it'll take her to become a US citizen. After that you're free to live wherever you want, for however long you want, without her losing her pass into the US.

[steve-phuket 10]

12 minutes ago, Scandi said:

Easy fix, stay put in the US for the ~4 years it'll take her to become a US citizen. After that you're free to live wherever you want, for however long you want, without her losing her pass into the US.

i don't think that necessary at all, and not possible to keep a Thai girl away from family and real thai food indefinitely. plus i have no interest in full time in the US but happy to visit for several months.

[SteveInBostonI130 3,444]

You can go for short term benefits and possibly complicate your case by your suggested 7 months in US and 5 months in Thailand.  Or, you can stick it out for 3 years, perhaps doing 9 to 10 months in US and 2-3 months in Thailand, and have a smoother path to citizenship.  

 

Also, if you are doing CR-1, then you will need to ROC in 2 years.  I am not sure of the residency requirements for that, but it would make it easier for you two to stay in the US for that and a year later file for citizenship.

[mushroomspore 3,044]

11 hours ago, steve-phuket said:

no, i'm thinking 7 months in US, 5 months in winter in Thailand each year. i hate cold and don't really need the money from work, so travel and working 7 months in US per year is enough for me and spouse and i think should still qualify for citizenship in 3 years.

 

what i'm still not sure about is my wife getting social security survivor benefits. she's 15 years younger than me so would likely outlive me by quite a while. i'm assuming if she becomes a citizen she will qualify for my survivor benefits even if she doesn't have a big work history, but not totally sure on that.

As geowrian said, it's a judgment call by the IO who will review the N400 when your wife applies. Here's another section from the link geowrian provided:

 

"An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time.^[10]"

 

5 months every single year is a lot. That's still nearly half the year. Going elsewhere to escape winter is pretty common. But considering your wife has to meet residency requirements to complete N400, it might be prudent to spend at least 80% of your time in the US. If I were an IO looking at your wife's case, I would absolutely wonder if she's using the green card as a glorified tourist visa since she is spending close to 50% of her time out of the US. They are very serious about permanent residency being permanent residency.

[JFH 12,190]

I wouldn’t push it too far until she has citizenship. That’s only three years away. I understand you don’t like the cold but surely you can struggle through a couple of winters here (or maybe spend winters in Hawaii or a warmer mainland state) to ensure your wife doesn’t have any issues. Time spent outside the US in the run-up to citizenship is counted against you and it’s in your interests for your wife to obtain citizenship as soon as possible so that you can both come and go as you please, even spend 12 months a year in Thailand (subject to the Thai requirements for you). 
 

The problem with cutting it close to the 6-month period each year is that plans can be thrown off course by illness, flight cancellations, COVID-19 and its successors, etc. If one of you breaks a leg or has a heart attack the day before you are due to fly back and you have to wait weeks before you can fly again, what then? 
 

Personally I would suck it up for a few years with shorter trips and then after citizenship fulfill your dream of 5 months every year in Thailand. 

Edited August 9, 2020 by JFH

[juancarlos 126]

16 hours ago, steve-phuket said:

don't really need the money from work

Man I wish I could say this lol

[Loren Y 2,755]

I'm in the same situation kind of. My wife is here now from Thailand and we travel to Thailand a few times a year for 2-3 weeks at a time. Granted I'm in Vegas, so I don't deal with the snow, I hate the cold just like you. Once she gets citizenship, I'm moving to Thailand permanently as soon as possible. Best bet is to tough it out for 3-4 years, then bail to Thailand. This October were looking at some land in hua hin to buy now while cheap, then build a house on it when we move there permanently.