About to remove conditions-abandanment of status?

[alana33 0]

Hi,

my husbands conditional GC expires in Feb. We are going to file to remove conditions in January.

I am the USC and we are england right now. we have been here for 90 days, will be here 40 more (4 months).

I asked before on a forum and was told it was fine to leave for four months, but now someone on another forum said that they might think my husband abandoned his status??!?!?!?!

is it okay that he will be gone for 4 months?!?!?! will they let him back into the US?!?!?!

[JenT 0]

Hi,

my husbands conditional GC expires in Feb. We are going to file to remove conditions in January.

I am the USC and we are england right now. we have been here for 90 days, will be here 40 more (4 months).

I asked before on a forum and was told it was fine to leave for four months, but now someone on another forum said that they might think my husband abandoned his status??!?!?!?!

is it okay that he will be gone for 4 months?!?!?! will they let him back into the US?!?!?!

Not without a valid green card.... or Advance Parole....

[alana33 0]

Hi,

my husbands conditional GC expires in Feb. We are going to file to remove conditions in January.

I am the USC and we are england right now. we have been here for 90 days, will be here 40 more (4 months).

I asked before on a forum and was told it was fine to leave for four months, but now someone on another forum said that they might think my husband abandoned his status??!?!?!?!

is it okay that he will be gone for 4 months?!?!?! will they let him back into the US?!?!?!

Not without a valid green card.... or Advance Parole....

Hi, yes, he will have a valid green card...it will have 45 days remaining on it (we will file his removal of conditions upon our return).

I dont tink my original post was very clear, sorry.

ive looked at the london embassy site and it appears as long as wel have domicile in the usa then we are fine. and, as i am only here on a semester abroad program, we have proof of that.

[Chica Yeyé 41]

Alana,

I think that the most a GC holder can be outstide of US soil without problems is 6 months. BUT don't take my word for it. you should be fine, and always send in residence proof in the US (domicile, etc.). I'm sure more intelligent people will chip in with better advice.

Good luck, L.

[lucyrich 20]

The real issue isn't the exact time limit, it's the intent of the travel. If you move to another country with the intent to live there permanently and give up your US residence, you can theoretically lose GC status in one day. I can't imagine that actually happening so quickly, though.

As a practical matter, trips of less than 6 months are assumed to be temporary, and you're assumed not to have abandoned your status. It would be very rare to lose GC status with a trip of less than 6 months; some unusual evidence would have to come to the officer's attention that strongly suggests you didn't intend to keep your US residence.

After six months, the burden shifts around somewhat. You might be asked to demonstrate that you didn't intend to abandon your status. If you can't show any evidence that you intended to keep your status, there's a risk you may be assumed to have abandoned it.

After one year, a re-entry permit is required.

After two years, a returning resident visa is required.

Regardless of the length of the trip, be sure and file tax returns when they're due, and never declare yourself to be a "nonimmigrant" on your tax forms.

Also, be aware of the effect that trips of six months or more may have on naturalization, if you're thinking naturalization is in your future.

See the Now that you're a permanent resident page from the USCIS for details, especially the "maintaining permanent residence" paragraph.

[de&a 0]

When my wife returned from Peru through Miami they had scared her a bit. She has been studying in Peru still even though she has her conditional resident card. They asked why she was gone for so long (3months) and she said because she was studying. She says that they told her this was illegal and she should study here. They let her enter and told her to be careful.

I guess if this was ILLEGAL they wouldn't have let her in.