How long can an IR1 visa holder stay outside of the US after entering?

[JMac7486 5]

My wife will be receiving her IR1 visa soon. Because of some unexpected plans, we may need to stay in her home country for another 2 years. We would like to go to the US after she gets the visa so we visit my friends and family. Can anyone tell me, if she enters the US and stays for a month, then exits the US, how long can she stay out of the country before there is an issue? I saw something about 12 months but I'm not entirely sure.

 

Thank you.

[Redro 4,611]

1 hour ago, JMac7486 said:

My wife will be receiving her IR1 visa soon. Because of some unexpected plans, we may need to stay in her home country for another 2 years. We would like to go to the US after she gets the visa so we visit my friends and family. Can anyone tell me, if she enters the US and stays for a month, then exits the US, how long can she stay out of the country before there is an issue? I saw something about 12 months but I'm not entirely sure.

 

Thank you.

Once she arrives to the US she should apply for a re-entry permit. This will allow her to stay outside the US without losing her LPR status for up to 2 years.

You will have to wait until after she is called for biometrics before you can leave the country. 

You can receive the travel document from an embassy outside. 

The only issue I see you having is not having a physical green card in hand when you return to the US after a year+ outside the country (as the endorsed visa only serves as a GC for 1 year). I received my GC after maybe 6 weeks but others have waited the full 90 days... and sometimes longer. 

You will also need to make sure both of you file taxes while you are living in China. 

Good luck! 

 

Edited May 23, 2023 by Redro

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to Working & Traveling During US Immigration -- topic is about international travel after US entry with IR1 visa ***

 

[JMac7486 5]

On 5/23/2023 at 7:18 PM, Redro said:

Once she arrives to the US she should apply for a re-entry permit. This will allow her to stay outside the US without losing her LPR status for up to 2 years.

You will have to wait until after she is called for biometrics before you can leave the country. 

You can receive the travel document from an embassy outside. 

The only issue I see you having is not having a physical green card in hand when you return to the US after a year+ outside the country (as the endorsed visa only serves as a GC for 1 year). I received my GC after maybe 6 weeks but others have waited the full 90 days... and sometimes longer. 

You will also need to make sure both of you file taxes while you are living in China. 

Good luck! 

 

Ok. Thank you. I appreciate the information.