10 Year GreenCard And Traveling Question

[Jacobr511 6]

my wife currently has a 2 year k1 visa greencard. we will be filing for 10 year greencard in august 2023. my wife came to the USA in July 2020.

 

we traveled for 4 months this year, and we plan on traveling again next year (2024).

 

ive heard the it is dangerous if you travel for more than 6 months when you have a greencard and CBP might question why you are traveling alot.

 

my question is: does 6 months traveling timer resets every year?

 

for example, is it safe to travel for 4 months in 2022 and then travel for 5 months in 2024?

 

thank you

Edited May 8, 2023 by Jacobr511

[OldUser 6,642]

It's not a hard and fast rule.

 

Try reducing the time outside of the US as much as possible. While 5 months is allowed, it probably would be evaluated in conjunction with other trips.

 

Say she was back in the US in December of last year after 4 months trip. And travelling again between May and October this year (5 months trip).

 

When she's back in October, CBP may grill her / give warning / or even propose giving up GC by signing I-407 if they feel like she abandoned her status. If you take 12 months period since October last year, at this point she would have spent at least 8 months out of 12 in the given period outside of the US.

 

Green Card is for living in the US on permanent basis. She should spend more time in the US then outside in the last 12 months at any given time to ensure she won't have issues.

Edited May 8, 2023 by OldUser

[OldUser 6,642]

In addition, since I-751 is in the mix, make sure to only travel when she receives 48 month extension letter. Do not travel without it or without expired GC.

 

Also, make sure to attend all the appointments (biometrics, interview) to ensure she can remove conditions. 

 

What ties does she have to the US? Something of magnitude of lease / property / job? 

[powerpuff 6,697]

~~ Topic moved from Removing Conditions on Residency forum to Working & Traveling during US Immigration ~~

[SteveInBostonI130 3,434]

1 hour ago, Jacobr511 said:

my wife currently has a 2 year k1 visa greencard. we will be filing for 10 year greencard in august 2023. my wife came to the USA in July 2020.

 

 

What is the residence since date on her conditional green card?

[Jacobr511 6]

7 minutes ago, SteveInBostonI130 said:

 

What is the residence since date on her conditional green card?

i dont understand your question..

 

she first arrived to the USA on k1 visa in july 2020. She has lived in the USA for 30 months and 4 of them were outside of the US

[Jacobr511 6]

1 hour ago, OldUser said:

 

 

What ties does she have to the US? Something of magnitude of lease / property / job? 

she is a housewife and i am retired. we own our home.

[OldUser 6,642]

13 minutes ago, Jacobr511 said:

i dont understand your question..

 

Residence Since is a date printed on her green card.

@SteveInBostonI130 probably explores a possibility of her applying for citizenship based on marriage to you. Whenever she naturalizes she can spend as much time outside of the US as desired. While she is an LPR, she has the constraints as to time she can spend outside of the US in order to maintain the residency.

 

Based on what you wrote, she can probably apply for I-751 in August 2023 and citizenship in August 2024 (if you're filing based on anniversary minus 90 days). But you need to confirm the date.

 

So if she naturalizes on a fast track sometime in 2025, she would be free to spend as much time outside of the US as she wants.

Edited May 9, 2023 by OldUser

[OldUser 6,642]

34 minutes ago, Jacobr511 said:

she is a housewife and i am retired. we own our home.

Both names on title?

[SteveInBostonI130 3,434]

40 minutes ago, Jacobr511 said:

i dont understand your question..

 

she first arrived to the USA on k1 visa in july 2020. She has lived in the USA for 30 months and 4 of them were outside of the US

When she filed to adjust status, I-485, she was given a conditional greencard after approval.  What is the "Resident Since:" date on that card?

 

[Jacobr511 6]

51 minutes ago, SteveInBostonI130 said:

When she filed to adjust status, I-485, she was given a conditional greencard after approval.  What is the "Resident Since:" date on that card?

 

october 2021

[Mike E 11,739]

3 hours ago, Jacobr511 said:

for example, is it safe to travel for 4 months in 2022 and then travel for 5 months in 2024?

Yes but you said she traveled 4 months in 2023:

 

3 hours ago, Jacobr511 said:

 

we traveled for 4 months this year, and we plan on traveling again next year (2024).

 

Edited May 9, 2023 by Mike E

[SteveInBostonI130 3,434]

8 hours ago, Jacobr511 said:

october 2021

 

First, you can apply for removal of conditions in July 2023.  July and Aug have 31 days, so apply 2 days beyond the expiration date in Oct 2023. 

 

For example, if the card expires in Oct 21, 2023, then apply July 23, 2023.

 

Wait for biometrics appt after submitting the I-751.  Because your wife adjusted, they may re-use her AOS biometrics.  Wait to confirm.

 

After biometrics or notice that biometrics is waived, your wife can travel anytime with her expired GC AND the NOA1 from the I-751 filing.  The NOA1 should extend her GC by 48 months.

 

Travel outside the US for more than 6 months may lead to questions by CBP when she returns. Travel of more than a year will almost definitely lead to questions.  

 

There is no black and white rule about the duration away - it seems to be a judgement call by CBP whether to question US residency status.

 

If your wife wants to naturalize as soon as possible, it is best not to travel for more than 6 months.  She is eligible to file in July 2024.  She would need 3 months residency in the state immediately prior to filing.

 

[Jacobr511 6]

16 hours ago, SteveInBostonI130 said:

 

 

 

If your wife wants to naturalize as soon as possible, it is best not to travel for more than 6 months.  She is eligible to file in July 2024.  She would need 3 months residency in the state immediately prior to filing.

 

is it 6 months PER YEAR? does the timer resets every year?

 

for example 4 months in 2023, and then 5 months in 2024. is that okay???

[Mike E 11,739]

1 hour ago, Jacobr511 said:

is it 6 months PER YEAR? does the timer resets every year?

 

for example 4 months in 2023, and then 5 months in 2024. is that okay???

Depends how far apart the travels are.

 

What will you be doing for income?