May have to go home before 2 years.

[T Town Hombre 7]

I've always heard that when a person comes to the US that they needs to stay in the US for 2 years.  If they go before that the US doesn't have to let them back in.

 

Well, my wife has been here almost 10 months and she may have to go back for a few weeks.  Her mother's health is deteriorating significantly, and my wife fears the worst and I have to say I agree with her.  As they were talking this morning, I thought what if????  What do we do?

 

I searched USCIS to see but didn't find any help.  Maybe I searched the wrong place but I don't know. 

 

What should one do to ensure they are able to get back into America due to a death in the family?

[JeanneAdil 6,498]

she came on a spouse visa   the I 551 stamp (writng at bottom on visa) is her 1 year green card which allows her to reenter

but she should come back before it expires 

 

staying  about 2 years is when people come on K1 and they have to wait for the AOS process to complete and they get the AP so they can leave and return

[pushbrk 12,881]

26 minutes ago, JeanneAdil said:

she came on a spouse visa   the I 551 stamp (writng at bottom on visa) is her 1 year green card which allows her to reenter

but she should come back before it expires 

 

staying  about 2 years is when people come on K1 and they have to wait for the AOS process to complete and they get the AP so they can leave and return

There is actually no situation where the immigrant must stay for two years.  It doesn't apply to K1 visa people either. 

 

The idea the immigrant must stay for two years is totally false.  Conditional green card holders have the same travel privileges for in and out of the USA as any other green card.

 

There IS an issue though.  Leaving for two long or permanently can cause the immigrant to lose their resident status.  When conditions have not been removed yet, they do need to RETURN to the USA to remove conditions or potentially lose their status.  So, the issue is not "leaving".  It's how long they will be gone.

Edited March 30, 2023 by pushbrk

[pushbrk 12,881]

38 minutes ago, T Town Hombre said:

I've always heard that when a person comes to the US that they needs to stay in the US for 2 years.  If they go before that the US doesn't have to let them back in.

 

Well, my wife has been here almost 10 months and she may have to go back for a few weeks.  Her mother's health is deteriorating significantly, and my wife fears the worst and I have to say I agree with her.  As they were talking this morning, I thought what if????  What do we do?

 

I searched USCIS to see but didn't find any help.  Maybe I searched the wrong place but I don't know. 

 

What should one do to ensure they are able to get back into America due to a death in the family?

She can go.  Does she have the physical green card yet?

[T Town Hombre 7]

Yes she has her green card.

 

Thank both of you for answering.

Edited March 31, 2023 by T Town Hombre

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to Working & Traveling During US Immigration -- OP's wife already has GC, asking about travel out of the US ***

 

[pushbrk 12,881]

1 hour ago, T Town Hombre said:

Yes she has her green card.

 

Thank both of you for answering.

Absences of more than six months can be problematic but in this circumstance, I would only worry about being back by about the 21 month mark, or gone less than a year.

[JeanneAdil 6,498]

15 hours ago, pushbrk said:

There is actually no situation where the immigrant must stay for two years.  It doesn't apply to K1 visa people either. 

r

The idea the immigrant must stay for two years is totally false.  Conditional green card holders have the same travel privileges for in and out of the USA as any other green card.

 

There IS an issue though.  Leaving for two long or permanently can cause the immigrant to lose their resident status.  When conditions have not been removed yet, they do need to RETURN to the USA to remove conditions or potentially lose their status.  So, the issue is not "leaving".  It's how long they will be gone.

i was refering to a K1 that has to wait for AP  and it can take a long time

[Redro 4,611]

19 hours ago, T Town Hombre said:

Yes she has her green card.

 

Thank both of you for answering.

Does your wife have a 2 year or 10 year green card? 
and how long do you think she will be away? 
you might consider applying for a reentry permit. This will allow your wife to leave the US for a period of up to two years. 
I believe if she has a 2 year GC she needs to return before it expires (so she can remove conditions) is this where your 2 year time period comes from? 

[Scott001 128]

My wife spent about 6 months in China and didn't have any problems when she came back. She was on the 2 year green card at the time.  

[SalishSea 17,827]

21 hours ago, T Town Hombre said:

I've always heard that when a person comes to the US that they needs to stay in the US for 2 years.  If they go before that the US doesn't have to let them back in.

 

Well, my wife has been here almost 10 months and she may have to go back for a few weeks.  Her mother's health is deteriorating significantly, and my wife fears the worst and I have to say I agree with her.  As they were talking this morning, I thought what if????  What do we do?

 

I searched USCIS to see but didn't find any help.  Maybe I searched the wrong place but I don't know. 

 

What should one do to ensure they are able to get back into America due to a death in the family?

Dude…..    how is it that you are so misinformed?   What is your source for all of the bad info in your posts?

[Allaboutwaiting 2,503]

5 minutes ago, Jorgedig said:

Dude…..    how is it that you are so misinformed?   What is your source for all of the bad info in your posts?

Based on your comment I read OP's previous posts. 

Misinformed, but funny chap, innit?

[OldUser 6,646]

41 minutes ago, Scott001 said:

My wife spent about 6 months in China and didn't have any problems when she came back. She was on the 2 year green card at the time.  

While this is true, absence of 6+ months often results in broken continuous residence for naturalization purposes.

Edited March 31, 2023 by OldUser

[pushbrk 12,881]

7 hours ago, JeanneAdil said:

i was refering to a K1 that has to wait for AP  and it can take a long time

Advance Parole usually takes 6 to 9 months, not two years.  The two year fallacy is just a common misinterpretation, I've been seeing as long as I've been around US Immigration.  (Since 2005)