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lifegoeson123

IR5-Duration of living in the US and overseas for mom

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Filed: K-1 Visa Country: Vietnam
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Good morning, this amazing community!! My mom just entered the US under IR5 visa on Oct 22, and waiting for her plastic green card. (She got her social security card after only 1 week hooray!!! 😄). 

 

I think she will get her 10 year green card after I renew her one-year temporary visa on her passport (Plan to apply by July 2023).

 

Do you guys know after she is granted her 10 year green card, can she live in the US and another overseas country (for example, Vietnam) ? I assume that she will need to live in the US longer (7 months) and shorter in Vietnam (5 months), for example.

 

Also, they will deduct the total time she wasn't in the US when she applys for citizenship?

 

Thank you so much for your help!! Have a wonderful day!!!

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Filed: Citizen (apr) Country: Taiwan
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24 minutes ago, lifegoeson123 said:

I think she will get her 10 year green card after I renew her one-year temporary visa on her passport (Plan to apply by July 2023).

1.  Her Green Card will be sent to her via the mail in a few weeks after entering the US via her IR-5 visa.   There is no "renewing her one-year temporary visa on her passport".  On what are you basing that??

2.  A Green Card is for living in the US.  You need to do some serious research concerning maintaining residency.  Yes, it will affect her application for citizenship. 

 

Maintaining Permanent Residence | USCIS

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it, including but not limited to:

  • Moving to another country and intending to live there permanently;
  • Declaring yourself a “nonimmigrant” on your U.S. tax returns; or
  • Remaining outside of the United States for an extended period of time, unless it’s a temporary absence, as shown by:
    • The reason for your trip;
    • How long you planned to be absent from the United States;
    • Any other circumstances of your absence; and
    • Any events that may have prolonged your absence.
  • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may help show that you planned for this to be a temporary absence."
Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

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Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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Filed: K-1 Visa Country: Vietnam
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3 minutes ago, Crazy Cat said:

1.  Her Green Card will be sent to her via the mail in a few weeks after entering the US via her IR-5 visa.   There is no "renewing her one-year temporary visa on her passport".  On what are you basing that??

2.  A Green Card is for living in the US.  You need to do some serious research concerning maintaining residency.  Yes, it will affect her application for citizenship. 

 

Maintaining Permanent Residence | USCIS

@Crazy Cat Right now, the government stamped on her passport visa "Upon endorsement serves as temporary I-551 permenant residence for 1 year". We are still waiting for her plastic green card since I paid $220. I haven't seen it, so I am not sure how long it will be valid. I assume one year. Then we will have to renew it by submiting I-90 for her 10 year green card. Please enlighten me if I am wrong :) Thank you so much!!!

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Filed: K-1 Visa Country: Wales
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Do you realise naturalising is optional?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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@lifegoeson123 she will receive the GC in mail soon which is valid for 10 years. No need to renew it until it's close to expiration. Forget about her naturalizing if she spends 5+ months each year living abroad. She'll need to make sure her residency is maintained and she doesn't lose her LPR status. Overall, not a great plan. Green card is for living in the US.

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Filed: K-1 Visa Country: Vietnam
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@Crazycat: Thank you so much for your prompt and supportive info! You brightened our day by telling me that she will receive her 10-year-green card, really save us some paperwork 🤩 And I will do more research on keeping her residency, extremely important!

 

@boiler: When she can take citizenship in her native language, I will help her to take the exam. Meanwhile, we will have to renew her 10 year green card.😁

"

1. Age and Residency Exceptions to English

An applicant is exempt from the English language requirement but is still required to meet the civics requirement if:

  • The applicant is age 50 or older at the time of filing for naturalization and has lived as an LPR in the United States for at least 20 years; or

  • The applicant is age 55 or older at the time of filing for naturalization and has lived as an LPR in the United States for at least 15 years.

The applicant may take the civics test in his or her language of choice with the use of an interpreter. "

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Filed: K-1 Visa Country: Wales
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I pointed out that she never has to apply for Citizenship, she can stay a Permanent Resident for the rest of her life.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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