Risk green card abandonment

[Elke 0]

I am applying for a U.S. green card, but I plan to live in India with my husband, who is a U.S. citizen employed here by an American company. Is there any risk that I may unintentionally lose my LPR status because I am spending too much time outside the U.S.? How many days am I required to live in the U.S. to not risk my green card?

[Mike E 11,739]

6 minutes ago, Elke said:

I am applying for a U.S. green card, but I plan to live in India with my husband, who is a U.S. citizen employed here by an American company. Is there any risk that I may unintentionally lose my LPR status because I am spending too much time outside the U.S.?

yes. 

6 minutes ago, Elke said:

 

How many days am I required to live in the U.S. to not risk my green card?

1. You are required to live more days in the USA than outside. 
 

2. Your are required to avoid trips abroad that last 181 or more consecutive days. 
 

3. if you wish to naturalize, mind rule 2 above as such trips will break continuous residency required to naturalize 

 

4. you can mitigate 1 and 2 by filing I-131 to get a reentry permit that will be valid for 2 years. You must apply for this permit from inside the USA. 
 

Green cards are for living in the USA. If you don’t want to live in the USA now, your husband should file I-130 and I-130A and then after those are approved you should notify NVC once a year that you intend to apply for a visa but not that year.  This will keep your case alive without having to go through hassle of restarting it at NVC.   

[Boiler 45,399]

When will your husband be moving back to the US?

[Elke 0]

He will move to the US after 5 years. In the meantime, I will split my time between the US and abroad. 

[Boiler 45,399]

2 hours ago, Elke said:

He will move to the US after 5 years. In the meantime, I will split my time between the US and abroad. 

This is a family reunification visa, you need to apply in about 3 years.

[Mike E 11,739]

9 hours ago, Elke said:

He will move to the US after 5 years. In the meantime, I will split my time between the US and abroad. 

You are not eligible for an immigration visa because every financial sponsor on your petition must have established a credible plan for domicile in USA by the time your of visa interview (and must be living in USA before you come to the USA, or at the same time (same flight IOW) as when you come to the USA. Your husband doesn’t live in the USA, doesn’t plan to live in the USA when you immigrate, and as petitioner he is your primary financial sponsor.  

 

See 

 

 

Since he doesn’t have any U.S. based income you will also need a joint sponsor.  

 

At your interview you can expect to be asked two things:

 

* where will your husband live?

* where will you live?

 

Based on your OP and subsequent comment your answers (truthful of course) alive will result in your immigration visa being denied, and that’s not even considering your lack of a qualified primary financial sponsor.  

[Ontarkie 14,193]

~~Moved to IR1/CR1 P&P, from Immigrating Outside the US - the OP is looking into requirements to obtaining and maintaining US PR.~~

[Jordanian Bride 268]

Apply for your spousal visa in 3 years.

[SalishSea 17,770]

18 hours ago, Elke said:

He will move to the US after 5 years. In the meantime, I will split my time between the US and abroad. 

That's not how that works.  

[Crazy Cat 41,675]

On 11/23/2022 at 6:39 AM, Elke said:

He will move to the US after 5 years. In the meantime, I will split my time between the US and abroad. 

That is not a good plan at all.  Just wait and apply in about 3 years.

[Ranava14 12]

On 11/23/2022 at 4:49 AM, Mike E said:

yes. 

1. You are required to live more days in the USA than outside. 
 

2. Your are required to avoid trips abroad that last 181 or more consecutive days. 
 

3. if you wish to naturalize, mind rule 2 above as such trips will break continuous residency required to naturalize 

 

4. you can mitigate 1 and 2 by filing I-131 to get a reentry permit that will be valid for 2 years. You must apply for this permit from inside the USA. 
 

Green cards are for living in the USA. If you don’t want to live in the USA now, your husband should file I-130 and I-130A and then after those are approved you should notify NVC once a year that you intend to apply for a visa but not that year.  This will keep your case alive without having to go through hassle of restarting it at NVC.   

What about exceptions for spouses of u.s citizens temporarily employed abroad? 
I remember something about 316 (b) like military, government civilians, dod contractors, employees of American companies that are furthering American trade etc. 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-5

 

depends on who exactly her husbands employer is, right? Pretty sure there’s exceptions. 

 

 

Edited November 24, 2022 by ValRam
Edited to add url

[Jordanian Bride 268]

17 minutes ago, ValRam said:

What about exceptions for spouses of u.s citizens temporarily employed abroad? 
I remember something about 316 (b) like military, government civilians, dod contractors, employees of American companies that are furthering American trade etc. 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-5

 

depends on who exactly her husbands employer is, right? Pretty sure there’s exceptions. 

 

 

Correct.

[Mike E 11,739]

There is no indication this applies to OP.  

[Crazy Cat 41,675]

1 hour ago, ValRam said:

What about exceptions for spouses of u.s citizens temporarily employed abroad? 
I remember something about 316 (b) like military, government civilians, dod contractors, employees of American companies that are furthering American trade etc. 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-5

 

depends on who exactly her husbands employer is, right? Pretty sure there’s exceptions. 

 

 

The OP is not applying for citizenship. 

Edited November 24, 2022 by Crazy Cat

[Boiler 45,399]

25 minutes ago, Crazy Cat said:

The OP is not applying for citizenship. 

There is that.