10 Year GreenCard and Traveling Outside of US

[JakeL003 0]

My wife already has her 2 year greencard and it is set to expire in October 2023. We are going to file for 10 year greencard in August. After August, we want to travel to her home country in September and stay there for 6 months. 

 

Will she be able to come back to the US while her 10 year green card is pending? Is there a way she can get a visa extension until the 10 year gets approved?

Edited January 3, 2023 by JakeL003

[SalishSea 17,829]

11 minutes ago, JakeL003 said:

My wife already has her 2 year greencard and it is set to expire in October 2023. We are going to file for 10 year greencard in August. After August, we want to travel to her home country in September and stay there for 6 months. 

 

Will she be able to come back to the US while her 10 year green card is pending? Is there a way she can get a visa extension until the 10 year gets approved?

What will you do if she receives a notice for ROC biometrics or interview while abroad?

Edited January 3, 2023 by Jorgedig

[Lil bear 4,201]

14 minutes ago, JakeL003 said:

My wife already has her 2 year greencard and it is set to expire in October 2023. We are going to file for 10 year greencard in August. After August, we want to travel to her home country in September and stay there for 6 months. 

 

Will she be able to come back to the US while her 10 year green card is pending? Is there a way she can get a visa extension until the 10 year gets approved?

You will need to wait until you receive the notification os receipt of your I751 …. which will give her a 24 month extension … and  also biometrics appointment or reuse. . She travels with the expired GC and the extension letter. Do not stay the full 6 months as that can create a break in continuity of residence for naturalization purpose. Under 6 months .. even  by a week or two .. will be fine .  

Edited January 3, 2023 by Lil bear

[JakeL003 0]

7 minutes ago, Jorgedig said:

What will you do if she receives a notice for ROC biometrics or interview while abroad?

if she get biometrics we can come back to the US

 

also, after she gets NOA for i-751, can we just go  my local USCIS office and give bio metrics? that way we can get it out of the way?

Edited January 3, 2023 by JakeL003

[JakeL003 0]

9 minutes ago, Lil bear said:

You will need to wait until you receive the notification os receipt of your I751 …. which will give her a 24 month extension … and  also biometrics appointment or reuse. . She travels with the expired GC and the extension letter. Do not stay the full 6 months as that can create a break in continuity of residence for naturalization purpose. Under 6 months .. even  by a week or two .. will be fine .  

is it 6 month per year or 6 months every time?

 

does it reset every time she comes back to the US. for example, can she travel to her home country in January, then come back to the US in May, and then leave again in July and then come back to the US in December?

Edited January 3, 2023 by JakeL003

[Lil bear 4,201]

2 minutes ago, JakeL003 said:

if she get biometrics we can come back to the US

 

also, after she gets NOA for i-751, can we just go  my local USCIS office and give bio metrics? that way we can get it out of the way?

You can try a walk in but only after she receives the biometrics appointment notice    No guarantee they will allow it on the day 

[Mike E 11,739]

10 minutes ago, JakeL003 said:

is it 6 month per year or 6 months every time?

Any absence of more than 180 days breaks continuous residency for purposes of naturalization 

 

10 minutes ago, JakeL003 said:

 

does it reset every time she comes back to the US. for example, can she travel to her home country in January, then come back to the US in May, and then leave again in July and then come back to the US in December?

So 4 + 5 = 9 months of absence in the previous 12 months.  She risks a finding of abandoning LPR status as she is not living in U.S.  She should file for a Re-entry permit. 

[Lil bear 4,201]

18 minutes ago, JakeL003 said:

is it 6 month per year or 6 months every time?

 

does it reset every time she comes back to the US. for example, can she travel to her home country in January, then come back to the US in May, and then leave again in July and then come back to the US in December?

There are 2 different assessments for naturalization..

 

continual residence .. any trip of > 180 days can be determined as breaking continuance of residrncy

 

Presence … applicant must be in the US for over 50% of the preceeding 3 years/5 years prior to application.. ( 3 yrs if applying under marriage rule.. 5 if applying not as a spouse of USC ) 

[powerpuff 6,697]

~~ Topic moved from AOS K1 forum to Working & Traveling during US immigration as the question is about traveling ~~

[SalishSea 17,829]

44 minutes ago, JakeL003 said:

if she get biometrics we can come back to the US

 

also, after she gets NOA for i-751, can we just go  my local USCIS office and give bio metrics? that way we can get it out of the way?

I don't think they do walk-ins these days.  

 

Why does she want to leave for such a long period of time?  Does she not want to be a permanent resident any longer?

[Rocio0010 5,579]

2 hours ago, JakeL003 said:

a visa extension

A visa is for someone that’s not a resident. She’s a resident, so the right term is “extension of her (resident) status”