Green Card holder living overseas

[Ali91 3]

If a Green card holder want to leave the US (in order to live with spouse and kid overseas (both US citizens)), does he/she needs to fill any forms on USCIS website or else where to notify them about his travel overseas for less than 6 months? 

Also, is there any alternative to fulfill requirements of entering the US after every six months? That is actually a little hard to do for 3 years until naturalization and expensive too. 

I know about the re-entry permit, but that will delay my naturalization process. 

 

 

[Dashinka 24,498]

If a green card holder wants to stay outside the US for more than 12 months, they need to apply for a re-entry permit (I-131) which is good for 2 yrs outside the US and maintains your LPR status.  If the period is less than six months, there is nothing that needs to be done, but many still fill out the I-131 just in case the trip overseas is extended.  The re-entry permit does not delay naturalization, what delays naturalization is time outside the US regardless of if you have a re-entry permit or not.  If you are outside the US for more than six months you may be determined by USCIS to have broken continuous residency, and it will be your burden to prove otherwise.  I believe there are exceptions if the spouse of a military member or a qualifying federal government job.  There is no alternative to the continuous residency rules.

 

Good Luck! 

[SalishSea 17,829]

8 hours ago, Ali91 said:

If a Green card holder want to leave the US (in order to live with spouse and kid overseas (both US citizens)), does he/she needs to fill any forms on USCIS website or else where to notify them about his travel overseas for less than 6 months? 

Also, is there any alternative to fulfill requirements of entering the US after every six months? That is actually a little hard to do for 3 years until naturalization and expensive too. 

I know about the re-entry permit, but that will delay my naturalization process. 

 

 

How will you be eligible for naturalization in three years?

[Lil bear 4,210]

8 hours ago, Ali91 said:

If a Green card holder want to leave the US (in order to live with spouse and kid overseas (both US citizens)), does he/she needs to fill any forms on USCIS website or else where to notify them about his travel overseas for less than 6 months? 

Also, is there any alternative to fulfill requirements of entering the US after every six months? That is actually a little hard to do for 3 years until naturalization and expensive too. 

I know about the re-entry permit, but that will delay my naturalization process. 

 

 

You wont meet the physical presence by doing this. Reentry permit will only preserve your “residency”   

[EmilyW 1,437]

I'd do the re-entry permit and just delay your naturalization until you return to the US to live.

 

There's no way the old 'turn up every six months' trick will pass muster for continuous residency.

[Ali91 3]

13 hours ago, Dashinka said:

If a green card holder wants to stay outside the US for more than 12 months, they need to apply for a re-entry permit (I-131) which is good for 2 yrs outside the US and maintains your LPR status.  If the period is less than six months, there is nothing that needs to be done, but many still fill out the I-131 just in case the trip overseas is extended.  The re-entry permit does not delay naturalization, what delays naturalization is time outside the US regardless of if you have a re-entry permit or not.  If you are outside the US for more than six months you may be determined by USCIS to have broken continuous residency, and it will be your burden to prove otherwise.  I believe there are exceptions if the spouse of a military member or a qualifying federal government job.  There is no alternative to the continuous residency rules.

 

Good Luck! 

Thank you for your detail answer. However, I meant by delay of naturalization if I have the re-entry permit and staying overseas for those 2 years, that time won't count towards my naturalization right? That will only preserve my residency. Actually, my spouse and I both have a very nice job overseas, and we are happy in it, especially the benefits it gives to our kid. So we are planning to stay in this job as long as we can. That's why I was looking forward to any possible solution to not give up the job, stay with family and also apply for naturalization at the end of 3 years. I know entering the US every 6 months is a bit hectic and expensive, but if that is the only solution in my case, then I will do that.

[Ali91 3]

3 hours ago, EmilyW said:

I'd do the re-entry permit and just delay your naturalization until you return to the US to live.

 

There's no way the old 'turn up every six months' trick will pass muster for continuous residency.

Thank you. Usually, how many times we can renew the re-entry permit? Honestly, we have no plan yet to live in the US because my spouse and I have a very nice job overseas and we are very happy in it and want to stay in it as long as we can.

[Moda25 48]

@Ali91 Then forget about naturalizing and continue with your job until you’re ready to move to the US. Entering the US every 6 months will still not make you eligible for naturalization. You need to prove continue residency before you can qualify. 

[Ali91 3]

11 minutes ago, Moda25 said:

@Ali91 Then forget about naturalizing and continue with your job until you’re ready to move to the US. Entering the US every 6 months will still not make you eligible for naturalization. You need to prove continue residency before you can qualify. 

How come it won't make someone not eligible for naturalization if they make an entry to the US every 6 months and stay there for next 6 months each year? According to the USCIS policy manual, the breaks in continuous can be caused by;

1) If the applicant is absent from the United States for more than 6 months but less than 1 year; or

2) The applicant is absent from the United States for 1 year or more.

And I am intending to enter the US of course before less than 6 months, let's say 5 months and 20 days or 25 days.

[Cathi 5,748]

2 hours ago, Ali91 said:

Thank you for your detail answer. However, I meant by delay of naturalization if I have the re-entry permit and staying overseas for those 2 years, that time won't count towards my naturalization right? That will only preserve my residency. Actually, my spouse and I both have a very nice job overseas, and we are happy in it, especially the benefits it gives to our kid. So we are planning to stay in this job as long as we can. That's why I was looking forward to any possible solution to not give up the job, stay with family and also apply for naturalization at the end of 3 years. I know entering the US every 6 months is a bit hectic and expensive, but if that is the only solution in my case, then I will do that.

Green cards are for living in the U.S. Just sayin'

[OldUser 6,663]

2 hours ago, Ali91 said:

And I am intending to enter the US of course before less than 6 months, let's say 5 months and 20 days or 25 days.

Your residence will be questioned. Be prepared to defend it. Do you own a property in the US or do you have a lease you're intending to keep? Are you going to keep a job or business in the US? Those are also important factors to adjudicator.

 

Additionally, don't forget about marital union for US naturalization under 3 year rule. If you're in the US for 6 months while your spouse is back in different country with kids, immigration officer may ding you on this one as you're supposed to live with US citizen in marital union to be naturalized. The break of marital union is not as well defined as break of continuous residence and can be interpreted by IO to fit their agenda.

Edited September 11 by OldUser

[OldUser 6,663]

4 minutes ago, OldUser said:

Your residence will be questioned. Be prepared to defend it. Do you own a property in the US or do you have a lease you're intending to keep? Are you going to keep a job or business in the US? Those are also important factors to adjudicator.

 

Additionally, don't forget about marital union for US naturalization under 3 year rule. If you're in the US for 6 months while your spouse is back in different country with kids, immigration officer may ding you on this one as you're supposed to live with US citizen in marital union to be naturalized. The break of marital union is not as well defined as break of continuous residence and can be interpreted by IO to fit their agenda.

And one more point: your profile says Pakistan. I'm sorry to tell you, but this is one of the places whose N-400 applicants face prejudice and as a result higher bar to meet for naturalization. I cannot see your plan of staying close to the max of allowed time outside the US helping you to naturalize.

 

Either way, make sure to have a good record of all foreign trips, date departed and arrived plus supporting evidence. This is going to be important during naturalization.

[Ali91 3]

16 hours ago, SalishSea said:

How will you be eligible for naturalization in three years?

On the basis of spouse of the US citizen for more than 2 years.

[Ali91 3]

16 hours ago, SalishSea said:

How will you be eligible for naturalization in three years?

 

Edited September 11 by Ali91

[Dashinka 24,498]

2 hours ago, Ali91 said:

On the basis of spouse of the US citizen for more than 2 years.

You have to be an LPR through marriage for 3 yrs to file and N400 under the the 3 yr rule.  Also, 1filing the N400 under the 3yr rule opens up scrutiny into the marriage and the current family situation which could transition to the I751 since you would almost assuredly have a pending I751 if you file the N400 under the 3 yr rule.  Can you leave the US for less than 6 months repeatedly and still maintain continuous residence, quite possibly, but as others have stated it may raise questions.

 

Good Luck!

10 hours ago, Ali91 said:

Thank you for your detail answer. However, I meant by delay of naturalization if I have the re-entry permit and staying overseas for those 2 years, that time won't count towards my naturalization right? That will only preserve my residency. Actually, my spouse and I both have a very nice job overseas, and we are happy in it, especially the benefits it gives to our kid. So we are planning to stay in this job as long as we can. That's why I was looking forward to any possible solution to not give up the job, stay with family and also apply for naturalization at the end of 3 years. I know entering the US every 6 months is a bit hectic and expensive, but if that is the only solution in my case, then I will do that.

Yes, staying outside the US for 2yrs will impact continuous residence, but what is the priority?  If you are actually wanting to stay with your family and keep a good job outside the US, maybe a better path is to give up the green card (I407), and then if the winds change and you and your husband decide you want to return to the US, you can follow the spousal visa path again.  Whatever, I am also curious what company or job will allow you to leave for 6-7 months at a time when you move back to the US to try and maintain your continuous residence?  I assume a potentially remote job, if that is the case, finish up your naturalization, and then move.