How Long Can I stay outside US and re-entry w/o any problem?

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balabala

Registered Users (C)
Case 1: With AP (485 pending), can I stay outside USA as long as I come back before the AP expired? Will this affect the AOS (Adjustment of Status)?

Case 2: GC approved, can I stay outside USA as long as I woud? obviously not. so, at most, how long I can be constantly outside USA if I have a green card? Is there a minmum requirement of how long GC holder have to stay in USA?
 
balabala said:
Case 1: With AP (485 pending), can I stay outside USA as long as I come back before the AP expired? Will this affect the AOS (Adjustment of Status)?

Case 2: GC approved, can I stay outside USA as long as I woud? obviously not. so, at most, how long I can be constantly outside USA if I have a green card? Is there a minmum requirement of how long GC holder have to stay in USA?
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Case 1: Yes, you can stay as long as the AP is valid, however if it expires and you are outside the US you will be in trouble and your pending case maybe denied. Also in the POE the IO will ask you about your "long" trip... because leaving the US while your AOS is pending tells the CIS that you may abandon your case...


Case 2: You are free to stay outside the US how long you want... the US is not "pushing you" to stay here. HOWEVER, if you stay more than than 6 months out of the US you are abandoning your GC residency. UNLESS you get a AP and specify the motives of your long travel abroad. In any case the AP is only good for a year or so. ALSO if you travel abroad for more than 6months your 5 years clock to apply for citizenship will start all over again to the day you return from your latest 6+ months travel.
If you really want to be outside the US... just give up your GC and you will save the hassle...
 
Thanks for the response, the answers make sense to me.
Case 1: actually, I'm considering a job offer (from US company) outside US, I have to stay outside US most of the time. However, I expecting some trips back and forth between US and another country. My families are in US, sounds I have a good reason that I'm not abandoning the AOS.
Case 2: The job position is based outside US, so I expect I still stay outside US most of time after I get the GC. But, I definately have trips back to US every less than 6 months, technially I think I'm fine.
 
balabala said:
Thanks for the response, the answers make sense to me.
Case 1: actually, I'm considering a job offer (from US company) outside US, I have to stay outside US most of the time. However, I expecting some trips back and forth between US and another country. My families are in US, sounds I have a good reason that I'm not abandoning the AOS.
Case 2: The job position is based outside US, so I expect I still stay outside US most of time after I get the GC. But, I definately have trips back to US every less than 6 months, technially I think I'm fine.
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I don't think you will be fine at all. You will have gained permanent residence on the strength of a job that isn't based in the US. That must be close to fraud.
 
dms said:
I don't think you will be fine at all. You will have gained permanent residence on the strength of a job that isn't based in the US. That must be close to fraud.
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I'm a derivative applicant, which means my AOS is not employment based though my spouse's is. I have both EAD and AP, and currently not working for any company, so I don't think that's a fraud or even close to.
 
balabala said:
I'm a derivative applicant, which means my AOS is not employment based though my spouse's is. I have both EAD and AP, and currently not working for any company, so I don't think that's a fraud or even close to.
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OK, I agree on the fraud bit but you may want to look at the answer to question 4 here: http://www.murthy.com/gco_faq.html. It seems to suggest that you need to spend at least six months a year in the US.
 
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