When does the 180-day rule start? [merged threads]

[CJohn 1]

My wife's mother is being taken care of my wife while she is in Turkey.

 

My question is after my wife enters the US with her visa can she leave 10 days later without any problems and stay another 5 month in Turkey to take care of her mother ?

 

Would there be any problems because she entered and exited too quickly ? Or is that her legal right to be able to leave for 6 months ?

Edited May 18, 2023 by TBoneTX

[Boiler 45,449]

She is entering with an Immigrant Visa? She will get a I 551 stamp so would be good to go.

[Lil bear 4,181]

2 hours ago, CJohn said:

My wife's mother is being taken care of my wife while she is in Turkey.

 

My question is after my wife enters the US with her visa can she leave 10 days later without any problems and stay another 5 month in Turkey to take care of her mother ?

 

Would there be any problems because she entered and exited too quickly ? Or is that her legal right to be able to leave for 6 months ?

Keep the time out under 6 months.   Dont make repeated stays out of the US and she should not have anything to be explained at entry. Will she be reminded of the requirements for keeping her LPR status? . Possibly. She can listen and reply simply that she understands. 

Edited March 5, 2023 by Lil bear

[powerpuff 6,685]

~~ Topic moved from CR1/IR1 forum to Working & Traveling during US immigration ~~

[CJohn 1]

2 hours ago, Boiler said:

She is entering with an Immigrant Visa? She will get a I 551 stamp so would be good to go.

Yes she's going to get her visa, enter the US when she has 1 month left on the visa. Then stay in the US for 10-15 days and take care of paperwork etc. and return back to Turkey for another 5 months to continue taking care of mom. After the 5 months her siblings are going to take over and she'll stay in the US for a year without exiting

[Lil bear 4,181]

9 minutes ago, CJohn said:

Yes she's going to get her visa, enter the US when she has 1 month left on the visa. Then stay in the US for 10-15 days and take care of paperwork etc. and return back to Turkey for another 5 months to continue taking care of mom. After the 5 months her siblings are going to take over and she'll stay in the US for a year without exiting

Looks like you have both got good communication and planning happening… sets the stage for a good marriage   … 

[CJohn 1]

4 minutes ago, Lil bear said:

Looks like you have both got good communication and planning happening… sets the stage for a good marriage   … 

Oh thank you, we've been together for 4 years now. I've come back to the US before her to prepare for her arrival and our future life here, i used to live in Turkey as well. 

It's relieving to hear that this plan would work thank you.

[Lil bear 4,181]

1 minute ago, CJohn said:

Oh thank you, we've been together for 4 years now. I've come back to the US before her to prepare for her arrival and our future life here, i used to live in Turkey as well. 

It's relieving to hear that this plan would work thank you.

Its not uncommon for newly arriving immigrants to return to their home country for a few months to get things settled. The problems occur when couples fail  to anticipate these needs and then protest the requirement's of being an LPR. . 

[Sammy_2496 116]

Is she a permanent resident/CR1 visa holder? If so then this is fine! Just keep it under 6 months and dont have these be regular trips. Make sure to research more into this. 😁

[Lil bear 4,181]

52 minutes ago, Sammy_2496 said:

Is she a permanent resident/CR1 visa holder? If so then this is fine! Just keep it under 6 months and dont have these be regular trips. Make sure to research more into this. 😁

According to OP timeline and post .. she will be entering on a spouse IV.. so yes.. she will be  a LPR once she enters 

[da95826 387]

11 hours ago, CJohn said:

My question is after my wife enters the US with her visa can she leave 10 days later without any problems and stay another 5 month in Turkey to take care of her mother ?

 

Would there be any problems because she entered and exited too quickly ? Or is that her legal right to be able to leave for 6 months ?

It should be okay if she returns within 6 months, and before her visa stamp runs out.

 

It may be an issue down the road when applying for citizenship. USCIS may not count her LPR start date until she comes and stays in the USA for more than a few days. 

 

So, I would have her wait until 3 or 5 years after she started staying in the USA for more than a couple of months to apply for naturalization. 

[Mike E 11,739]

15 hours ago, CJohn said:

stay another 5 month in Turkey

Too close to 180 days fir me. File I-131 to get a re-entry permit before leaving for Turkey. 
 

3 hours ago, da95826 said:

may be an issue down the road when applying for citizenship. USCIS may not count her LPR start date until she comes and stays in the USA for more than a few days. 

What’s the policy or legal basis for the? Is there an example of this happening? Are you thinking of the marital union requirement?

[Boiler 45,449]

8 minutes ago, Mike E said:

What’s the policy or legal basis for the? Is there an example of this happening? Are you thinking of the marital union requirement?

I have seen it happen, I think in more extreme cases where for example the person does get a re-entry permit and disappears for 2 years, they take it that residency for Naturalisation counts from when they actually moved full time.

 

Hmm not saying it will always be adjudged that way but can.

Edited March 6, 2023 by Boiler

[Mike E 11,739]

1 minute ago, Boiler said:

I have seen it happen, I think in more extreme cases where for example the person does get a re-entry permit and disappears for 2 years, they take it that residency for Naturalisation counts from when they actually moved full time.

A 2 year absence always breaks continuous residency regardless. Those examples would not be relevant to OP. IOW enter U.S., stay for 2.5 years, leave for 2 years, come back for 6 months, file N-400: case will be denied.  

[Boiler 45,449]

Yes bad example

 

I have seen people who have not really moved but effectively visited initially have this situation. Too late for me to remember where.