Length of travel after receiving green card

[lovinglive 24]

My wife received her green card about a month ago, and it's been a long time since she's seen her family, so we are looking at traveling outside the US for a while.  We are considering like three months.

 

I've seen some discussions on here previously about how long someone can stay outside the country while they are a permanent resident.  I seem to remember that people say that you should be in the US for 6 months out of 12.

 

Can forum members confirm this?  Is it 6 months out of a calendar year or 6 months out of a consecutive 12 month period?  We don't want to take chances at this point.  I'm also not sure if the fact that her green card was recently granted makes any difference.

 

Thank you in advance for your information.  

[OldUser 6,452]

Three months is not a problem.

Close to and over 6 months may be a problem.

Over a year may be a big problem.

[OldUser 6,452]

There's two things to consider: maintaining LPR status and spending enough time in the US for naturalization purposes.

 

When you spend 6 months or more overseas, you break continuous residence requirement for naturalization purposes. This means, you should count 3 or 5 years (whichever applies) from the date you entered the US after last 6+ months trip, not from date on green card (Resident Since date).

 

When you spend over a year outside of US, CBP may think you abandoned LPR status altogether. 

 

If you need to remain ouside of the US for a year or two, you need to get a re-entry permit (I-131) so LPR status is not lost.

Edited November 13, 2022 by OldUser

[Mike E 11,739]

Things  that your LPR status at risk:
 

1. Over 180 consecutive days abroad

 

2. Spending more time abroad than inside the USA.  To be safe:

 

* before going a trip abroad of N days, spend N+1 consecutive days in the USA

 

* after returning from a trip abroad that lasted M days, don’t leave the USA until you have a accrued M+1 consecutive days in the USA. 

Given the pattern of travel to date, a 3 month trip abroad is fine. 

[Cathi 5,740]

She needs to spend more time here than overseas. A green card is for living in the U.S, not somewhere else.

Edited November 14, 2022 by Cathi

[lovinglive 24]

14 hours ago, Mike E said:

Things  that your LPR status at risk:
 

1. Over 180 consecutive days abroad

 

2. Spending more time abroad than inside the USA.  To be safe:

 

* before going a trip abroad of N days, spend N+1 consecutive days in the USA

 

* after returning from a trip abroad that lasted M days, don’t leave the USA until you have a accrued M+1 consecutive days in the USA. 

Given the pattern of travel to date, a 3 month trip abroad is fine. 

Thanks, that's very clear and helpful.  In my wife's case, she has been in the US now nearly a year, but most of that was on her visa.  It's only been about 4 months since we applied for AOS.  So in your view, in that case, would the N +1 consecutive days more be applied to the total length of time she has been here in the US, or just the time since we applied for AOS?    

[lovinglive 24]

17 hours ago, OldUser said:

There's two things to consider: maintaining LPR status and spending enough time in the US for naturalization purposes.

 

When you spend 6 months or more overseas, you break continuous residence requirement for naturalization purposes. This means, you should count 3 or 5 years (whichever applies) from the date you entered the US after last 6+ months trip, not from date on green card (Resident Since date).

 

When you spend over a year outside of US, CBP may think you abandoned LPR status altogether. 

 

If you need to remain ouside of the US for a year or two, you need to get a re-entry permit (I-131) so LPR status is not lost.

Hi, thank you very much for your reply.  I think we would like to maintain the continuous residence for naturalization purposes.  So in that case, we should not spend more than 6 months outside the US  (and it would seem that a fair amount less than 6 would be safer?)

 

Regarding the re-entry permit, I am looking for work both in the US and overseas, so we may need a re-entry permit.  I assume she has to apply for this while she is in the US, right?

[Mike E 11,739]

50 minutes ago, lovinglive said:

Thanks, that's very clear and helpful.  In my wife's case, she has been in the US now nearly a year, but most of that was on her visa.  It's only been about 4 months since we applied for AOS.  So in your view, in that case, would the N +1 consecutive days more be applied to the total length of time she has been here in the US, or just the time since we applied for AOS?    

The clock on physical presence starts from  her “resident since” date. 
 

Your  question implies she might want to spend more than 3 months abroad, perhaps changing her mind once there.  
 

To protect herself she should file I-131 to get a 2 year re-entry permit before she leaves.  She will have to come back for biometrics, however:

 

* given how recent  her gc is, it is unlikely she will have to get biometrics. 
 

* it is possible to reschedule biometrics appointments for I-131

 

She does not have to wait for her re-entry permit to arrive. She just had to apply for it before she leaves.  If she stays away too long, her I-131 receipt will be evidence she did not intend to abandon LPR status and I am certain she would prevail in court.  
 

The re-entry permit is ideal insurance for her situation. Plus, Covid restrictions are coming back, so with a planned 3 month trip it is probable she will be stranded.  

Edited November 14, 2022 by Mike E

[lovinglive 24]

1 hour ago, Mike E said:

The clock on physical presence starts from  her “resident since” date. 
 

Your  question implies she might want to spend more than 3 months abroad, perhaps changing her mind once there.  
 

To protect herself she should file I-131 to get a 2 year re-entry permit before she leaves.  She will have to come back for biometrics, however:

 

* given how recent  her gc is, it is unlikely she will have to get biometrics. 
 

* it is possible to reschedule biometrics appointments for I-131

 

She does not have to wait for her re-entry permit to arrive. She just had to apply for it before she leaves.  If she stays away too long, her I-131 receipt will be evidence she did not intend to abandon LPR status and I am certain she would prevail in court.  
 

The re-entry permit is ideal insurance for her situation. Plus, Covid restrictions are coming back, so with a planned 3 month trip it is probable she will be stranded.  

Thanks that is great advice.   Actually the concern is more related to my employment - as I used to work overseas there is a possibility I will find work overseas again.

 

So if we file I-131 to get a re-entry permit, we don't have to wait for it to be processed before we depart, right?  We only have to wait until we receive the notice of receipt?  Or what is the factor that determines that time that one can depart.

 

Also, a re-entry permit is "multiple entry", right?  I.e. it doesn't expire if you return to the US during its "validity". 

[Mike E 11,739]

5 minutes ago, lovinglive said:

We only have to wait until we receive the notice of receipt?

correct 

Quote

 

Also, a re-entry permit is "multiple entry", right?  I.e. it doesn't expire if you return to the US during its "validity". 

Correct.  Modern re-entry permits are both multiple  entry and come in a passport book form factor. 
 

Since you will be moving for employment, I advise her to return to the USA every 179 days so that her N-400 is clean.  

Edited November 14, 2022 by Mike E

[OldUser 6,452]

@lovinglive keep in mind when LPR is overseas on reentry permit for extended periods of time, the clock gets reset to 0 once LPR is back in the US for naturalization purposes. Also make sure LPR maintains ties to the US - bank accounts, leases, etc. Selling everything, closing accounts, cancelling rent agreements will work against LPR in the future. As @Cathi rightfully pointed out earlier, green card is for living in the US. It's not designed to work as multiple entry 10 year visit visa.

 

 

[lovinglive 24]

7 minutes ago, OldUser said:

@lovinglive keep in mind when LPR is overseas on reentry permit for extended periods of time, the clock gets reset to 0 once LPR is back in the US for naturalization purposes. Also make sure LPR maintains ties to the US - bank accounts, leases, etc. Selling everything, closing accounts, cancelling rent agreements will work against LPR in the future. As @Cathi rightfully pointed out earlier, green card is for living in the US. It's not designed to work as multiple entry 10 year visit visa.

 

 

Thank you again for your advice and information.  I still think it would be better to complete the naturalization process now, but as I am looking for work it's hard to predict what will happen.  We'll try to set up all these ties to the US.  

 

 

[OldUser 6,452]

4 minutes ago, lovinglive said:

Thank you again for your advice and information.  I still think it would be better to complete the naturalization process now, but as I am looking for work it's hard to predict what will happen.  We'll try to set up all these ties to the US.  

 

 

The naturalization is still about 3.5 to 4 years for her from now (if applying under 3 year rule and eligible). Now that you're equipped with knowledge you can plan accordingly.

 

[lovinglive 24]

11 minutes ago, OldUser said:

The naturalization is still about 3.5 to 4 years for her from now (if applying under 3 year rule and eligible). Now that you're equipped with knowledge you can plan accordingly.

 

Ok, so even though the residence period is three years, it will take 1/2 to one year after that to actually become a citizen?

 

What are the eligibility factors that you are referring to?

 

Thanks again!  You've been very helpful!

[OldUser 6,452]

15 minutes ago, lovinglive said:

Ok, so even though the residence period is three years, it will take 1/2 to one year after that to actually become a citizen?

 

What are the eligibility factors that you are referring to?

 

Thanks again!  You've been very helpful!

Eligibility for 3 year rule:

- she spent enough time in the US (18 months) at the time of filing N-400

- wasn't out of the country for over 6 months

- still married to you. And you guys lived together in the past 3 years at the time of fiiling and until oath ceremony

- hasn't commited any crimes

- paid taxes all these years jointly

- passed naturalization test

 

Then when she applies, it can take 6-18 months go through the process to actually naturalize.

 

 

 

 

 

Edited November 14, 2022 by OldUser