Do I need to live in the US 6 months a year to get a permanent green card after a temporary one (cr1)?

[zorzor 7]

Hello! I am the holder of a temporary (2-year) green card on a CR1 visa (husband's visa). And I have questions. Do I need to live in the United States for six months a year in order to be able to get a permanent green card in 2 years? Will I have problems if I live in the United States in my first year for only 2-3 months and not 6 months? Because in 2 years I will need to change the status from a temporary green card to a permanent  green card. And that's why I worry that later I would not have problems with the fact that I did not spend more than 6 months a year in the United States (because the rules say that the owner of a green card must live in the United States for at least six months a year).
I will be grateful for your help!

[Crazy Cat 41,888]

16 minutes ago, zorzor said:

because the rules say that the owner of a green card must live in the United States for at least six months a year).

Please post an official link to that "rule"... You might be surprised by what you actually find. 

I would not advise using a green card as a glorified visitor visa. 

 

Edited October 2, 2021 by Crazy Cat

[zorzor 7]

3 minutes ago, Crazy Cat said:

Please post an official link to that "rule"... You might be surprised by what you actually find. 

On all sites they write this, I don't know if there is such a law or not. Judging by your answer, this means that I can not live in the United States for half a year a year, but I can stay in another country and then I can get a permanent green card?

[Crazy Cat 41,888]

There is a lot of misinformation on all those sites.  Here is what CBP says:

 

https://help.cbp.gov/s/article/Article-820?language=en_US

"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.  If you intend to stay outside the U.S. for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the U.S. "

 

An absence of 6 months will draw attention.  It is important to take actions to maintain your residency.

 

Pertaining to your original question, I know of no US presence requirements for removing conditions on a 2 year green card.  But the length of time you have been outside the US will definitely be a factor when applying for citizenship.  You can find some official information here:  https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

Edited October 2, 2021 by Crazy Cat

[aaron2020 11,651]

You may want to read up on maintaining legal permanent residency and how you can lose it.

 

A green card is for living in the US, not for visiting.

 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to ROC General Discussion -- OP already has GC, asking about US presence requirement for ROC ***

 

[pushbrk 12,898]

10 hours ago, Chancy said:

*** Moved from IR1/CR1 Process & Procedures to ROC General Discussion -- OP already has GC, asking about US presence requirement for ROC ***

 

Yes, that's what the OP asked about but they need to focus on maintaining permanent resident status.  If they lose it before applying to remove conditions, their initial concern won't matter.  A green card signifies lawful permanent resident status.  That status must be maintained to have any hope of removing conditions or later, to naturalize.  If the OP is not yet ready to reside in the US as their primary and actual permanent residence, they should delay immigrating until they ARE ready.

 

A ten year green card changes nothing about the requirement to maintain primary residence in the US.  Every entry is a judgment call.  If a CBP officer determines resident status has not been  maintained, entry is denied and the green card is confiscated then and there.

Edited October 3, 2021 by pushbrk

[zorzor 7]

7 hours ago, pushbrk said:

Yes, that's what the OP asked about but they need to focus on maintaining permanent resident status.  If they lose it before applying to remove conditions, their initial concern won't matter.  A green card signifies lawful permanent resident status.  That status must be maintained to have any hope of removing conditions or later, to naturalize.  If the OP is not yet ready to reside in the US as their primary and actual permanent residence, they should delay immigrating until they ARE ready.

 

A ten year green card changes nothing about the requirement to maintain primary residence in the US.  Every entry is a judgment call.  If a CBP officer determines resident status has not been  maintained, entry is denied and the green card is confiscated then and there.

In my case, I already own a green card, but for the first year I cannot live in the USA (I can only for 2-3 months). And I will not be more than 6 months outside the United States, I will fly every 5 months for a month. What is the chance that this will negatively affect getting a permanent green card (now I have a temporary/conditional one for 2 years) ? 

[pushbrk 12,898]

4 minutes ago, zorzor said:

In my case, I already own a green card, but for the first year I cannot live in the USA (I can only for 2-3 months). And I will not be more than 6 months outside the United States, I will fly every 5 months for a month. What is the chance that this will negatively affect getting a permanent green card (now I have a temporary/conditional one for 2 years) ? 

I'm sorry, but you are still asking the wrong question because you are focused on how long you'll be gone instead of how long you'll be in the US.  Also, there is no such thing as a "permanent green card".  You don't "own" a green card either.  Read what you find at the link regarding maintaining permanent resident status.  THAT should be your focus second, after focusing on maintaining the relationship through which you obtained your conditional resident status.

 

Based on what you're focused on and saying, you may not keep your status long enough to even petition to remove conditions.

[zorzor 7]

18 minutes ago, pushbrk said:

I'm sorry, but you are still asking the wrong question because you are focused on how long you'll be gone instead of how long you'll be in the US.  Also, there is no such thing as a "permanent green card".  You don't "own" a green card either.  Read what you find at the link regarding maintaining permanent resident status.  THAT should be your focus second, after focusing on maintaining the relationship through which you obtained your conditional resident status.

 

Based on what you're focused on and saying, you may not keep your status long enough to even petition to remove conditions.

But after all, a lot of green card holders do not live in the United States for half a year a year, since they live in other countries and everything is fine with them.
You mean, what matters is not how often I travel to the United States, but how long I have been living in the United States? And if in the first year I do not live enough time (half a year or more) then my resident status can be taken away from me? And what are the chances of that? After all, many warn about this, but I did not see that someone had problems because of this. Thanks

[carmel34 3,633]

1 hour ago, zorzor said:

I will not be more than 6 months outside the United States, I will fly every 5 months for a month.

Not a good idea to try this plan.  A green card is for residing in the USA, not for a one month visit every 5 months then going back to your home country.  The first one or even two trips you should be okay, but eventually you will likely be denied entry by CBP.  They can see all of your entry dates on their computer system, and it will be very obvious that you are not residing in the US but are using LPR status for one month visits every five months.  Don't do this.  I suggest that you reverse the time in your plan, to five months in the USA then one month in your home country, if you want to maintain your green card.  Good luck!

[pushbrk 12,898]

43 minutes ago, zorzor said:

But after all, a lot of green card holders do not live in the United States for half a year a year, since they live in other countries and everything is fine with them.
You mean, what matters is not how often I travel to the United States, but how long I have been living in the United States? And if in the first year I do not live enough time (half a year or more) then my resident status can be taken away from me? And what are the chances of that? After all, many warn about this, but I did not see that someone had problems because of this. Thanks

Every entry is a judgment call.  At any entry, you can be denied entry and your green card taken away.  The key is to spend more time IN the USA than out of it, like an actual resident does.  If not, your ability even to re-enter is high risk.

 

[Dashinka 24,512]

1 hour ago, zorzor said:

In my case, I already own a green card, but for the first year I cannot live in the USA (I can only for 2-3 months). And I will not be more than 6 months outside the United States, I will fly every 5 months for a month. What is the chance that this will negatively affect getting a permanent green card (now I have a temporary/conditional one for 2 years) ? 

It is not entirely clear as to your situation.  Are you saying for the first year of your CGC from your CR1 you have to spend a lot more time outside the US, and then after that your plan is to reside permanently (aside from short trips) in the US with your spouse?  I would say if you are only doing this the first year it should not be an issue, but if you plan to do this over a much longer period it may catch up at some point.  
 

Good Luck!

[African Zealot 1,455]

2 hours ago, zorzor said:

What is the chance that this will negatively affect getting a permanent green card (now I have a temporary/conditional one for 2 years) ? 

We don’t deal with probability/chances here. What we can tell you is that it definitely won’t help your case in getting a permanent green card with your pattern of residency. Additionally it appears you don’t really understand what you’re being told.

 

You still have to maintain continuous residency in the USA REGARDLESS of whether you have a permanent or temporary green card. Using your green card as a glorified visa will ultimately lead to revocation one day.

[Crazy Cat 41,888]

2 hours ago, zorzor said:

But after all, a lot of green card holders do not live in the United States for half a year a year, since they live in other countries and everything is fine with them.

Not really.  Where did you get the idea that a green card allows you to live wherever you want and as long as you want?  A Green Card is for living in the US as a resident.

Edited October 3, 2021 by Crazy Cat