How soon do I have to move to the States after receiving green card?

[meow85meow 3]

Hi guys. My husband and I applied for a IR-1 visa from abroad, and after getting the visa, I did a quick weekend trip to the U.S. in August to "activate" my green card. I have thus successfully been able to get my green card, but I have still not yet moved to the U.S. (I was staying in Korea because my husband and I were worried about COVID in the States).  Other than that short weekend trip in August, I still haven't been able to move to U.S., and I am worried about maintaining green card status. I am hoping to reunite with my husband soon and move to the States, but with the surge in COVID cases and the economy downturning along with it, I'm worried that it wouldn't be the most practical time to move over right now. Can anyone tell me how long I have until I *absolutely* have to move to the States? I remember reading somewhere that because this is the first year I got my green card, I have to move back within 6 months... is that correct??? Also, what other general requirements are there to maintain status??? Thank you in advance!!!!

[Crazy Cat 42,546]

Green Card holders can remain outside the US for up to a year.  However, CBP could have questions after 6 months.  Where is your husband?  

Edited November 20, 2020 by Lucky Cat

[meow85meow 3]

He is in the States already. We are already in a bit of an awkward situation because I met/married my husband while I was studying in the U.S., but only really decided to file for a green card after I moved back to Korea (I moved back first because we were both trying to figure out whether we wanted to settle down in the U.S. or Korea. We both already had jobs respectively in the U.S. and in Korea, so we kinda wanted to feel it out first). As a result, we have spent two out of the first three years of our marriage apart doing long distance (corona just extended that period....). Would this be viewed as suspect????

[aaron2020 11,651]

Potentially, you could have problems.

 

You will need to file a US tax return and include your Korean income.  For USCIS, this would indicate that you live and work in Korea.  

You haven't really establish or maintain a domicile in the US.  

If you are receiving medical benefits, etc. reserved for people residing in Korea, then you put your green card at risk.



 

[meow85meow 3]

5 hours ago, aaron2020 said:

Potentially, you could have problems.

 

You will need to file a US tax return and include your Korean income.  For USCIS, this would indicate that you live and work in Korea.  

You haven't really establish or maintain a domicile in the US.  

If you are receiving medical benefits, etc. reserved for people residing in Korea, then you put your green card at risk.



 

Would it still be an issue if I quit my job and moved later? I am still in the process of finding a job in the States, which is part of why I would like to delay my entry into the States until I find a job. How risky would it be to move after I quit my job and settle my affairs in Korea, but past the 6 month mark (within the 1 year mark)?

[meow85meow 3]

Hi guys. My husband and I applied for a IR-1 visa from abroad, and after getting the visa, I did a quick weekend trip to the U.S. in August to "activate" my green card. I have thus successfully been able to get my green card, but I have still not yet moved to the U.S. (I was staying in Korea because my husband and I were worried about COVID in the States).  Other than that short weekend trip in August, I still haven't been able to move to U.S., and I am worried about maintaining green card status. I am hoping to reunite with my husband soon and move to the States, but with the surge in COVID cases and the job market going down along with it, I'm worried that it wouldn't be the most practical time to move over right now. Can anyone tell me how long I have until I *absolutely* have to move to the States? I remember reading somewhere that because this is the first year I got my green card, I have to move back within 6 months... is that correct??? Also, what other general requirements are there to maintain status??? Thank you in advance!!!!

[Babu Frik 1,162]

40 minutes ago, meow85meow said:

Hi guys. My husband and I applied for a IR-1 visa from abroad, and after getting the visa, I did a quick weekend trip to the U.S. in August to "activate" my green card. I have thus successfully been able to get my green card, but I have still not yet moved to the U.S. (I was staying in Korea because my husband and I were worried about COVID in the States).  Other than that short weekend trip in August, I still haven't been able to move to U.S., and I am worried about maintaining green card status. I am hoping to reunite with my husband soon and move to the States, but with the surge in COVID cases and the job market going down along with it, I'm worried that it wouldn't be the most practical time to move over right now. Can anyone tell me how long I have until I *absolutely* have to move to the States? I remember reading somewhere that because this is the first year I got my green card, I have to move back within 6 months... is that correct??? Also, what other general requirements are there to maintain status??? Thank you in advance!!!!

You cannot leave the for more than 1 year, however, extended periods outside can affect how long it takes to apply for citizenship.

 

https://help.cbp.gov/s/article/Article-820?language=en_US#:~:text=If you are a lawful,for 1 year or more.&text=Therefore%2C if you are outside,denied entry into the U.S.

 

 

[meow85meow 3]

17 minutes ago, Babu Frik said:

You cannot leave the for more than 1 year, however, extended periods outside can affect how long it takes to apply for citizenship.

 

https://help.cbp.gov/s/article/Article-820?language=en_US#:~:text=If you are a lawful,for 1 year or more.&text=Therefore%2C if you are outside,denied entry into the U.S.

 

 

Thank you. So does that mean that even though I haven't moved yet, as long as I move to the States within 1 year, I will be okay? Will I be denied entry or otherwise penalized if I stay too long? 

[Crazy Cat 42,546]

The answer is the same as it was a few days ago when you asked.

 

[Penguin_ie 5,997]

**** two threads on the same issue merged.  Please do not ask the same or similar question more than once. *****