K2 Move after Conditional Greencard received.

[Texas22 50]

Not sure if anybody can answer this but I'm hopeful.

I came to USA on a K1 Visa and my two children on K2's.

We have gone through all the processes and we all have our 2 year conditional Greencards, SSN's etc. They are in school and everything is fine, we have been in the USA for 9 months now.

But the question is about my daughter who is 13. If she chose to return to Canada to live with her father, would she be able to return to live here if she finds out that the grass isn't really greener on the other side?

She is going through that teenage rebellion attitude galore right now.

My concern is, if she goes back to Canada in the summer and decides she wants to stay there, how long can she legally stay - and then return if she decides she really does need her Mom? I do have full custody of both children.

Sad but realistic that the move is tough on kids.

[Ontarkie 14,413]

~~Moved to General Immigration, from K1 forum, as this is no longer a K1 question, and is more then just a how long can I visit question~~

[Harpa Timsah 13,258]

She needs to maintain permanent residence in the US or she will lose it. If you google "maintaining permanent residency" then you can see the requirements. It is possible to get a reentry permit which allows a LPR to be out of the country for up to two years without losing their status. If she loses her permanent residency, then the USC stepfather can petition for her again as a CR-2, which would take around a year.

[Mily90 8]

Not sure if anybody can answer this but I'm hopeful.

I came to USA on a K1 Visa and my two children on K2's.

We have gone through all the processes and we all have our 2 year conditional Greencards, SSN's etc. They are in school and everything is fine, we have been in the USA for 9 months now.

But the question is about my daughter who is 13. If she chose to return to Canada to live with her father, would she be able to return to live here if she finds out that the grass isn't really greener on the other side?

She is going through that teenage rebellion attitude galore right now.

My concern is, if she goes back to Canada in the summer and decides she wants to stay there, how long can she legally stay - and then return if she decides she really does need her Mom? I do have full custody of both children.

Sad but realistic that the move is tough on kids.

Hi Texas22 your daughter can be out of the country for 6 months and then have to return to the usa for at least 2 weeks after that she can go back for another six months and come back!! she has to be coming back to this country so she does not loose her green card!! i overheard this last time with an Immigration officer who was talking to a lady who had the same question!!

[Dave&Roza 748]

Not sure if anybody can answer this but I'm hopeful.

I came to USA on a K1 Visa and my two children on K2's.

We have gone through all the processes and we all have our 2 year conditional Greencards, SSN's etc. They are in school and everything is fine, we have been in the USA for 9 months now.

But the question is about my daughter who is 13. If she chose to return to Canada to live with her father, would she be able to return to live here if she finds out that the grass isn't really greener on the other side?

She is going through that teenage rebellion attitude galore right now.

My concern is, if she goes back to Canada in the summer and decides she wants to stay there, how long can she legally stay - and then return if she decides she really does need her Mom? I do have full custody of both children.

Sad but realistic that the move is tough on kids.

She is a LPR of the US and as such must follow the rules for maintaining her LPR status. Let her visit her father for the summer and return before the start of school. She can remain out of the US for a period of less than 6 months during any 1 year period without any problems. So she could visit her Father in the summer for 3 months and then another visit over Thanksgiving and again over Christmas and then Spring Break and again next summer. The problem comes in when she decides to remain outside the US for more than 6 months at a time. However, since you do have custody and it can be claimed that she is still living with you, she could spend up to a year with her Father and still return. More than a year on a single trip and she will have problems getting back into the US unless it was planned for before she leaves--i.e. a re-entry permit.

So she could leave for the summer and as long as she returns before 6 months has pasted, she would have no problems returning. IF she needs to remain after the beginning of the next year, make certain she returns before she has been out of the US for 365 continuous days. She should not have any problems but any period after 182 days CAN be looked at by the CBP and she may find herself in secondary inspection having to answer a lot of questions. I would give her 5 and a half months to make up her mind. I would also explain the laws and the consequences of any decisions she may make. Since she is a minor with one parent in the US and one in Canada, I would like to think that the CBP would understand this situation and cut her some slack for any trip that is less than 1 year.

Good luck,

Dave

[Texas22 50]

Thank you all very much for the quick responses.

It makes me feel better to know that she does have some time on her side. I think I'll take the safe approach and if necessary tell her that she

has about 5 months to make up her mind if she decides to stay with her father on her visit back to Canada.

But I am truly hoping this doesn't come up. She has never said she wants to go back - yet - but she is staying so connected with her friends in

Canada, that she doesn't socialize with the kids here, other than at school. (And she never socializes with them outside of school time although
I have encouraged it a lot.).

And I really have no idea what her father is telling her, so I am just trying to be prepared ahead of time to know what legally we can and cannot do.

Thank you all.

[SusieQQQ 11,587]

Hi Texas22 your daughter can be out of the country for 6 months and then have to return to the usa for at least 2 weeks after that she can go back for another six months and come back!! she has to be coming back to this country so she does not loose her green card!! i overheard this last time with an Immigration officer who was talking to a lady who had the same question!!

You overheard an immigration officer telling someone that she just needs a two-week stay every 6 months to keep her green card?! May I ask where this was?

[Texas22 50]

I know this is an old thread but I have another question now, and hoping I can get some help. I have explained to my daughter the consequences of moving back with her father and abandoning her permanent residence status.

But if she waits until we have removal of conditions (and gets her 10 year green card - next June.), can she go back to Canada to try it and see if she wants to stay? She's just turning 14. I have looked about a "returning resident visa" should she wish to return here, would that be applicable in this situation?

I am really hoping she does not go - but at the same time - I want her to be happy.

Would immigration consider the circumstances, since she's a kid and originally came here with me on a K2?

I appreciate any input. Thank you.

[Dave&Roza 748]

I know this is an old thread but I have another question now, and hoping I can get some help. I have explained to my daughter the consequences of moving back with her father and abandoning her permanent residence status.

But if she waits until we have removal of conditions (and gets her 10 year green card - next June.), can she go back to Canada to try it and see if she wants to stay? She's just turning 14. I have looked about a "returning resident visa" should she wish to return here, would that be applicable in this situation?

I am really hoping she does not go - but at the same time - I want her to be happy.

Would immigration consider the circumstances, since she's a kid and originally came here with me on a K2?

I appreciate any input. Thank you.

It really does not matter which GC she has--2 year or 10 year--the requirements for maintaining her LPR status are the same. The major difference between the 2 year conditional GC is that your LPR status expires on the date the GC expires. This is not the case for the 10 year GC--the card expires, but your LPR status does not. Both require you to maintain your LPR status and the USCIS could care less how the GC was obtained. She could remain outside the US for just under 1 year as long as she considers your home her residence in the US and when questioned by the CBP why she was outside the US she just tells the truth about deciding to live with her Father or with her Mother and by returning to the US she decided to live with her Mother. I would like to think the CBP would allow her to enter the US, but having a re-entry permit would help.

I hope it all works out for you,

Dave

[Texas22 50]

Thanks Dave, this does help. I'm still wanting her to wait until we have removal of conditions though.

I think it makes things perhaps a bit less complicated.

[Texas22 50]

My daughter has decided to return to Canada to live with her father to "try it".
She is entering high school and is completely petrified of going to high school here and wants to be in Canada with her friends.

I am very sad, but at the same time, I want her to be happy. I just hope that if she changes her mind, that she can come back.

Now, when I file for removal of conditions next June and if she is still in Canada, then what do I do?

[Dave&Roza 748]

My daughter has decided to return to Canada to live with her father to "try it".

She is entering high school and is completely petrified of going to high school here and wants to be in Canada with her friends.

I am very sad, but at the same time, I want her to be happy. I just hope that if she changes her mind, that she can come back.

Now, when I file for removal of conditions next June and if she is still in Canada, then what do I do?

Have a talk with her and lay out the entire immigration situation. She currently has a GC to the US and can keep it if she has ties to the US. However, if she must be a Canadian resident in order to go to high school there, she has just done something to loose her GC. She has until she turns 18 for you to apply for her to come to the US than she will be on her own as it take a very long time to sponsor an unmarried child over the age of 18. So she would have to come to visit you on a tourist visa--which I am sure she thinks is no big deal being from Canada you can cross the US/Canadian border anytime you want. I would have her look at what she wants to do AFTER high school and decide which country fits into that plan.

I have my 30th High School reunion coming up next week and I really do not care to go as I really did not have any friends in high school. There were people I knew, hung out with, but once high school was over we parted ways. So unless she has a true friend, she is making this choice just to remain comfortable. Most successful people have stated that there was at least one point if not several where they put themselves into an uncomfortable position which helped them to grow and succeed.

I am sorry she has decided to live with her Father. Has she spent any time in your house? I would have her spend at least a few months with you either before she goes to her Father's or before she makes this life long decision,

I wish you the best,

Dave

[aaron2020 11,651]

My daughter has decided to return to Canada to live with her father to "try it".

She is entering high school and is completely petrified of going to high school here and wants to be in Canada with her friends.

I am very sad, but at the same time, I want her to be happy. I just hope that if she changes her mind, that she can come back.

Now, when I file for removal of conditions next June and if she is still in Canada, then what do I do?

If she enroll in school as a Canadian resident, then she legally have abandoned her US residency.

However, it would take an immigration judge to take away her LPR status after her conditions are removed.

Worst case scenario, you petition for her all over again.

You may want to have her read a few cases in here about children who gave up their green cards to go home and now have to wait 8+ years to come back.

http://www.visajourney.com/forums/topic/504680-bringing-step-children-of-different-ages/?fromsearch=1

Edited July 19, 2014 by aaron2020

[Texas22 50]

I called USCIS today to validate and confirm for myself the rules and regulations regarding this situation, here is what I found out. I hope that it can help others that may find themselves in the same situation one day:

• School abroad is okay - so if she enrolls in school in Canada that does not mean she loses her residency. (She is a Canadian citizen already).
• As long as she is in Canada for less than 1 year - she can return to the U.S. without requiring a re-entry permit. (she will only require her valid unexpired green card for re-entry).
• I can file the petition for removal of conditions on our green cards without her being here, although she would need to come back and be here for the Biometrics appointment.

So it looks like, because the timing is in the summer, if she were to go back in August of 2014 and return here by June / July of 2015 that would work. We have to apply for removal of conditions at the beginning of June 2015. So she could get a full school year in and try it.

I'm not sure if I'm happy about this news or not. I really don't want her to go at all.

Edited July 21, 2014 by Texas22

[aaron2020 11,651]

I wouldn't take advice from the USCIS Mis-Information line.

Good luck.