CR1 wife wanna back her country..how long she can stay

[merimusa 1]

hi folks

i m US citizen and my wife is permanent residence.she is in US from april 2012. now she wanna go back her country for couple years. till that time Is her permanent residency still alive?what is the problem when she back again in US.what is the procedure for staying outside from US for long time.how long she can stay outside the uSA.please give good advise me

thank u

[Penguin_ie 5,993]

*** Moving from CR-1 to Travelling During US Immigration forum and duplicate removed*****

[CharityA 2]

She cannot stay out of the country more than 6 months, I believe.

[bigdog 376]

I think 6 months max without special permission- see Google search from the following attorney:

Stuart Jonas Reich Pro

New York Immigration Attorney

24

Helpful votes Answered 3 years ago. The answer isn't really as simple as "how long" - overall it isn't a question of time spend abroad by itself; there are other factors, with time abroad being only one part of it.

The question is: what would cause a determination that a person has "abandoned" a green card - a determination made when the person tries to come back to the U.S. based on the officer's determination of the person's subjective intent. This is a fancy way of saying "what the officer thinks you were thinking" with regard to abandoning the green card based on the facts presented, whether or not that was actually what you were thinking.

As a general rule (and this is the only point where time spent abroad can really be a guide, without anything else), if a person is abroad six months or less, they rarely question intent and make a determination of abandonment.

Six months to a year abroad (like your mom), and the person can still be OK if they can prove that they still have very strong ties to the U.S.: property here (real estate or personal property, such as bank accounts, a car, etc.), family living in the U.S., a job to return to, etc. When returning, your mom can bring evidence of her ties to the U.S. - you might want to consult an attorney about her specific situation to discuss ideas for ways to prove this.

If the person is abroad a year or more without returning, there is a presumption that the person meant to abandon. Even here, though, very strong ties to the U.S. can overcome the presumption. If someone knows that they will be out of the U.S. for that long, it's a good idea to apply to a Reentry Permit - essentially, advance permission to stay out a year or more without abandoning the green card - before leaving

[Enigma11561 336]

My question is, why would you want to be separated from your wife for several years? How much "visiting" does she need? Are not you supposed to be married? You went through all the processes, CR1, she was here only a few months and now she wants to leave for a few years? Sorry, I just do not understand this.

[velrich 50]

She can apply for a re-entry permit before she leaves. She can stay out of the US for a maximum of two year with this. She will have to state her reason for needing this time to stay out.

Use GOOGLE to help you understand the process.