Maintaining LPR status

[Ale Luna 0]

Hello everyone, 

I have a question. I have my green card since Jan-2018 and have lived in the States since then. Next year, I’ll be able to apply for my citizenship, but I married a US citizen who lives in Netherlands. I’m planning to go and visit him and probably stay with him 4 or 5 months then come back for a few months and visit him again. I study and work here in the US. Do you think I can have a problem with my migration status? And How long per year I can be out of the country ? 
 

Thank you for all your help,

Alejandra 

[Lil bear 4,283]

41 minutes ago, Ale Luna said:

Hello everyone, 

I have a question. I have my green card since Jan-2018 and have lived in the States since then. Next year, I’ll be able to apply for my citizenship, but I married a US citizen who lives in Netherlands. I’m planning to go and visit him and probably stay with him 4 or 5 months then come back for a few months and visit him again. I study and work here in the US. Do you think I can have a problem with my migration status? And How long per year I can be out of the country ? 
 

Thank you for all your help,

Alejandra 

It sounds like you are applying under the 3 year requirement …based on continuing marital relationship ..but your spouse lives overseas and you live in the US ..this may raise a red flag with your N400 application … maybe tell us a little more about your situation .. how long has he been overseas .. is it temporary / time limited work…. Have you already completed your ROC process snd have your 10 yrGC in hand ? 

Edited June 23, 2021 by Lil bear

[da95826 387]

Do you have a conditional two year green card or an unconditional 10 year green card? If you were married for more than 2 years when you issued your original LPR then you should have the unconditional LPR status and the 10 year green card. If you were married less than 2 years then you must file a i751 to remove the conditions on your LPR. If you don’t there will be major issues (even if USCIS issued you a 10 year card in error).

 

A green card holder who files for naturalization must in the USA more than outside the USA, the number of days inside the USA must exceed the number of days outside the USA over the three years before applying for your n400. Also, you must not be out of the USA for more than 180 days at a time (note day count not 6 months) over the 3 year period.

 

As far as keeping your LPR you can file for an reentry permit to stay out of the USA up to two years (unconditional LPR) otherwise don’t be out of USA for more than a year and naturalization will need to wait until you meet the more time in USA and the 180 day rule.

Edited June 23, 2021 by da95826

[Ale Luna 0]

16 minutes ago, da95826 said:

Do you have a conditional two year green card or an unconditional 10 year green card? If you were married for more than 2 years when you issued your original LPR then you should have the unconditional LPR status and the 10 year green card. If you were married less than 2 years then you must file a i751 to remove the conditions on your LPR. If you don’t there will be major issues (even if USCIS issued you a 10 year card in error).

 

A green card holder who files for naturalization must in the USA more than outside the USA, the number of days inside the USA must exceed the number of days outside the USA over the three years before applying for your n400. Also, you must not be out of the USA for more than 180 days at a time (note day count not 6 months) over the 3 year period.

 

As far as keeping your LPR you can file for an reentry permit to stay out of the USA up to two years (unconditional LPR) otherwise don’t be out of USA for more than a year and naturalization will need to wait until you meet the more time in USA and the 180 day rule.

I have unconditional 10 year card. I obtained my card by my employer and not from  my marriage. I have lived physically here in the United States since 2018, and have not left the country.  I would not like to file my reentry permit because then I have to start over once I am back. I would rather visit my husband and come back, but I am concern if I go for 4 months and come back and then leave again it would affect my status migratory. 
 

Thank you for your help 

Ale 

[Ale Luna 0]

25 minutes ago, Lil bear said:

It sounds like you are applying under the 3 year requirement …based on continuing marital relationship ..but your spouse lives overseas and you live in the US ..this may raise a red flag with your N400 application … maybe tell us a little more about your situation .. how long has he been overseas .. is it temporary / time limited work…. Have you already completed your ROC process snd have your 10 yrGC in hand ? 

I apologize for the confusion, I obtained my green card by my employer and not from my marriage.  I have my 10 year green card and have lived in the United States since 2018

[da95826 387]

21 minutes ago, Ale Luna said:

I have lived physically here in the United States since 2018, and have not left the country.  

You can file naturalization under the 3 year rule if you are married to your USA citizen spouse for a full 3 years and have been inside the USA more days than outside the USA and have not been outside the USA for more than 180 days. You need to live at the USA address you file the n400 for 3 months before filing.

 

To maintain your LPR you need to maintain a residence in the USA and pay taxes and so on. 

 

When you file for naturalization under the three year rule you will be required to prove that you have been married to USA spouse for a full three years and you live together as a married couple. So being together with your spouse is a good thing, being out of the USA a lot is not so good for LPR status. 

Edited June 23, 2021 by da95826

[Ale Luna 0]

23 minutes ago, da95826 said:

You can file naturalization under the 3 year rule if you are married to your USA citizen spouse for a full 3 years and have been inside the USA more days than outside the USA and have not been outside the USA for more than 180 days. You need to live at the USA address you file the n400 for 3 months before filing.

 

To maintain your LPR you need to maintain a residence in the USA and pay taxes and so on. 

 

When you file for naturalization under the three year rule you will be required to prove that you have been married to USA spouse for a full three years and you live together as a married couple. So being together with your spouse is a good thing, being out of the USA a lot is not so good for LPR status. 

Thank you... I have been married only for a year that is the reason why I would like to apply for naturalization after 5 years because it will be faster. Then do you think if I leave the country for less than 6 months then come back and stay here for a bit then left again I will not have any problems? I will maintain my residence and pay taxes since I work and study here..

 

Thank you,

Ale 

[da95826 387]

2 minutes ago, Ale Luna said:

Then do you think if I leave the country for less than 6 months then come back and stay here for a bit then left again I will not have any problems?

You will be good if you don't stay out more than 180 days at a time, and you keep track of the total number of days you will be out over the 5 years. So as long as you have lived inside the USA for more than 915 days over the 5 year period you should be fine. You should maintain some ties to the USA like a home.

[Timona 4,208]

6 hours ago, da95826 said:

You can file naturalization under the 3 year rule if you are married to your USA citizen spouse for a full 3 years and have been inside the USA more days than outside the USA and have not been outside the USA for more than 180 days. You need to live at the USA address you file the n400 for 3 months before filing.

 

To maintain your LPR you need to maintain a residence in the USA and pay taxes and so on. 

 

When you file for naturalization under the three year rule you will be required to prove that you have been married to USA spouse for a full three years and you live together as a married couple. So being together with your spouse is a good thing, being out of the USA a lot is not so good for LPR status. 

 

Although this is true, it doesn't pertain to OP's situation as she did not get her GC through marriage BUT employer as she's already mentioned. You may have missed that.

[Mike E 11,742]

8 hours ago, Ale Luna said:

I’m planning to go and visit him and probably stay with him 4 or 5 months then come back for a few months and visit him again.

How many is "a few months"?

 

8 hours ago, Ale Luna said:

I study and work here in the US. Do you think I can have a problem with my migration status?

CBP will want to see a pattern that shows you spending more time in the USA than outside the USA.

 

So if you leave for 5 months, come for 2 months, and then go again for 5 months, that isn't a pattern CBP will like once this pattern is detected.

Do you have Global Entry ... sometimes it is better to dead with machines,

 

8 hours ago, Ale Luna said:

 

And How long per year I can be out of the country ? 

I recommend no more than 180 days per calendar and in any rolling 12 calendar month period. To be safe (interruption of flight operations, illness, etc.) 150 days is better.

 

If you are gone for more than 180 consecutive days, you are likely to get a secondary inspection. At 12 calendar months you are even more likely to get a secondary inspection.

 

An adverse result in secondary can result in a notice to appear.

 

My understanding is that even if CBP clears you, DHS might later send a notice to appear.

 

https://www.aila.org/File/Related/18110604b.pdf is critical document for LPRs in your situation.

[Sarah&Facundo 599]

My husband is a conditional green card holder (through marriage). Right before Covid, we went on a four month backpacking trip through Europe. He had no issue coming back in. 

[Scandi 4,176]

That won't be an issue. Just make sure you don't break your continuous residency (ie don't stay outside the US for 6 months or more in a row) and meet the physical presence requirement (ie spend at least half the time of the last 5 years inside the US, this rule needs to be followed throughout the whole N-400 process and not just at the time of filing). Since you haven't left the county since you became an LPR, the physical presence shouldn't be an issue for you.

[arken 4,197]

During the naturalization interview, if the IO sees the multiple 4-5 months long trips with just 1-2 months of stay in the US in between, he could still presume you have broken your continuous residency and may ask you for evidences to prove you haven't. In case he is not happy with your evidences, you need to wait another several years before you can file for it.

 

You are so close to filing N400. You can file for it somewhere in Oct/nov based on 90 day early filing. I'd suggest you take may be one 4-5 months trip and stay in the US for a while. Once getting the citizenship, you can go abroad for any time period.

Edited June 24, 2021 by arken