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How to Maintain GC by staying abroad?
- Thread starter Avalon
- Start date
1) File for Re-entry Permit (which allows you to stay for upto 2 years from date of approval)
2) Maintain US Credit Card and Bank Accounts with any US address - Friend, relative etc.
3) File Taxes in the US on Global Income during your stay outside the US.
4) Make sure before you leave the US that you get a Driver's Licence at the address where you will be maintaining for your Credit Card and Bank accounts.
5) File an address change AR-11 and call the NSC number and give them your Alien# and tell them that you are changing address to the address given above.
All the above do not guarantee your re-admission into the US, but are safety precautions you can take to maintain that you had every intention to come back.
HTH, if I think about anything else, I shall post again.
BTW, I am in the same boat, so I have been researching all this stuff.
2) Maintain US Credit Card and Bank Accounts with any US address - Friend, relative etc.
3) File Taxes in the US on Global Income during your stay outside the US.
4) Make sure before you leave the US that you get a Driver's Licence at the address where you will be maintaining for your Credit Card and Bank accounts.
5) File an address change AR-11 and call the NSC number and give them your Alien# and tell them that you are changing address to the address given above.
All the above do not guarantee your re-admission into the US, but are safety precautions you can take to maintain that you had every intention to come back.
HTH, if I think about anything else, I shall post again.
BTW, I am in the same boat, so I have been researching all this stuff.
I am not planning to sell my house. I will keep it forever. I intend to come and visit as often as possible, preferably once in 6 months.
I am planning to get a job abroad which would entail some travel in US. This way, I get to come back to my house. I will be renting the house to my friend so my trip in the house for a day or two would not be a problem.
If getting such a job is a problem then I may take up short project assignments in US and then go back.
I will be filing my Tax Returns every year, will be maintaining Credit Cards and Bank Accounts.
1. Is there anything I need to know or do?
2. I am sure, such frequent absent will pose a problem in my eligibility for Citizenship. Will it or will it not?
I am planning to get a job abroad which would entail some travel in US. This way, I get to come back to my house. I will be renting the house to my friend so my trip in the house for a day or two would not be a problem.
If getting such a job is a problem then I may take up short project assignments in US and then go back.
I will be filing my Tax Returns every year, will be maintaining Credit Cards and Bank Accounts.
1. Is there anything I need to know or do?
2. I am sure, such frequent absent will pose a problem in my eligibility for Citizenship. Will it or will it not?
I am not sure how long you plan to keep working outside the USA, but it will eventually become a problem. Here are some sites that have some Info:
http://antaoandchuang.com/i-keeping.html
http://www.americanlaw.com/maintlpr.html
http://www.visalaw.com/01jan4/12jan401.html
You may want to consult a good Immigration attorney and talk about your plans. Owning a house in the US is a definite PLUS.
http://antaoandchuang.com/i-keeping.html
http://www.americanlaw.com/maintlpr.html
http://www.visalaw.com/01jan4/12jan401.html
You may want to consult a good Immigration attorney and talk about your plans. Owning a house in the US is a definite PLUS.
Thank you rg585.
Certainly, I am not looking to do this for a long time. I would like to get Citizenship and end this. So my next objective is to qualify for Citizenship. For that, I am willing to stay in US. However, I will be out of US for the time, period and frequency the law allows without jeopordizing my eligibility for citizenship.
Certainly, I am not looking to do this for a long time. I would like to get Citizenship and end this. So my next objective is to qualify for Citizenship. For that, I am willing to stay in US. However, I will be out of US for the time, period and frequency the law allows without jeopordizing my eligibility for citizenship.
JoeF and ysolong, thank you for your posts.
I need to make a different strategy. I will work for a US company who do projects outside US. This way, I can carry employment letter, have my salary deposited in US bank and I get to travel back and forth at the company's expense. There are many US companies who outsource and then require people in US for implementation or to collect project information, while the actual development is done outside.
I need to make a different strategy. I will work for a US company who do projects outside US. This way, I can carry employment letter, have my salary deposited in US bank and I get to travel back and forth at the company's expense. There are many US companies who outsource and then require people in US for implementation or to collect project information, while the actual development is done outside.
Thank you JoeF for your quick reply. In this case, could you please state what USCIS thinks as 'temporary'? Do they define in number of days?
I am trying to know a safe temporary escape. It could be a month may be two but if I get that, I would take. There are instances where, US employer has sent people abroad for assignment and I am trying to know how long such an assignment could be.
Secondly, is there a limit on number of short trips abroad?
I am trying to know a safe temporary escape. It could be a month may be two but if I get that, I would take. There are instances where, US employer has sent people abroad for assignment and I am trying to know how long such an assignment could be.
Secondly, is there a limit on number of short trips abroad?
JoeF,
Thank you for citing the examples and providing web links. That gives much more insight.
Based on the case laws and the examples, I do not see any reason for a denial of a GC if I work for a US firm, have a house in US and make short visits for projects. Here now the variable part I am trying know is what decides short or temporary. I am confident that a trip of up to a month will not cause any problem. GC holders who go for a vacation do stay abroad for up to a month and yet do not lose GC. The second question I would like to know is how many times a year I could take such short trips.
Thank you for citing the examples and providing web links. That gives much more insight.
Based on the case laws and the examples, I do not see any reason for a denial of a GC if I work for a US firm, have a house in US and make short visits for projects. Here now the variable part I am trying know is what decides short or temporary. I am confident that a trip of up to a month will not cause any problem. GC holders who go for a vacation do stay abroad for up to a month and yet do not lose GC. The second question I would like to know is how many times a year I could take such short trips.
JoeF
I liked your answer and statements. The bottom line is, live in US but visit abroad.
The no. of visits abroad may not matter but the duration of visit ( let us call it 'stay' abroad) COULD be a problem. My rough guess is any stay more than a month raises alert in the eyes of POE officer. Frequent number of stays abroad definitely puts a red alert and officer can ask a series of questions.
So here I would like to come back and ask the question, what determines the duration of stay ( temporary stay)? Can this be defined in,
1. Number of days,
2. Number of Weeks
3. Number of months
I liked your answer and statements. The bottom line is, live in US but visit abroad.
The no. of visits abroad may not matter but the duration of visit ( let us call it 'stay' abroad) COULD be a problem. My rough guess is any stay more than a month raises alert in the eyes of POE officer. Frequent number of stays abroad definitely puts a red alert and officer can ask a series of questions.
So here I would like to come back and ask the question, what determines the duration of stay ( temporary stay)? Can this be defined in,
1. Number of days,
2. Number of Weeks
3. Number of months
Avalon,
I myself know a few people who used to visit the US once a year or so to keep the Green Card active. However, I think the regulations have changed and they have become pretty strict about maintaining the residence in the US and not just visiting once in a way.
I myself know a few people who used to visit the US once a year or so to keep the Green Card active. However, I think the regulations have changed and they have become pretty strict about maintaining the residence in the US and not just visiting once in a way.
Thanks JoeF for all the clarification. However, I am still not clear about the 'temporary' part. You tried to give an explanation that event ( reason for travel abroad) needs to have a 'termination date'. But that is easy to define. For example,
1. If you are an emplyee of a US firm, you can show the project deadline or contract.
2. If you or a student, you can show graduation date.
3. If you are visiting to take care of elderly parents then you can show the treatment records.
According to you, a 5 years of study is still temporary because it has an ending date.
In life there is no such event that does not end and in life there is nothing such as 'Permanent'. (We are all temporary residents of this earth.)
What the officer looks for is 'intent' and as long as one can show a strong reason to come back to America then the officer can not deny. For example, what happens to someone's wife who went abroad to take care of elderly parents and stayed there for two years while the husband visited wife abroad on a regular basis? Is officer going to deny wife when she comes back? And if she used ReEntry Permit and stays like that for 2 more years, is that a ground for denial?
1. If you are an emplyee of a US firm, you can show the project deadline or contract.
2. If you or a student, you can show graduation date.
3. If you are visiting to take care of elderly parents then you can show the treatment records.
According to you, a 5 years of study is still temporary because it has an ending date.
In life there is no such event that does not end and in life there is nothing such as 'Permanent'. (We are all temporary residents of this earth.)
What the officer looks for is 'intent' and as long as one can show a strong reason to come back to America then the officer can not deny. For example, what happens to someone's wife who went abroad to take care of elderly parents and stayed there for two years while the husband visited wife abroad on a regular basis? Is officer going to deny wife when she comes back? And if she used ReEntry Permit and stays like that for 2 more years, is that a ground for denial?
JoeF
Thanks. But what if I have a business that entails frequent travel abroad? Being in US, I can move freely from one place to another. That is good for the economy of this country. But if I am bringing business to this country do you think they will stop me just because I am a Permanent Resident?
Thanks. But what if I have a business that entails frequent travel abroad? Being in US, I can move freely from one place to another. That is good for the economy of this country. But if I am bringing business to this country do you think they will stop me just because I am a Permanent Resident?
JoeF
I remember reading one of your posts. It says, "Maintianing GC is one thing and being eligible for Citizenship is another thing". So your aquaintance had to show the business trip reasons only when he/she went for interview at the time of citizenship. But your aquaintance did not have any problem travelling back and forth and had no trouble at POE.
According to the replies that you have posted, having GC means locked inside USA. You could go out like a parolee goes out and is questioned about the parole period, if extended.
I remember reading one of your posts. It says, "Maintianing GC is one thing and being eligible for Citizenship is another thing". So your aquaintance had to show the business trip reasons only when he/she went for interview at the time of citizenship. But your aquaintance did not have any problem travelling back and forth and had no trouble at POE.
According to the replies that you have posted, having GC means locked inside USA. You could go out like a parolee goes out and is questioned about the parole period, if extended.
JoeF,
Well, my point is this; I would like to work and live in US but my work entails me to go aborad for a 'temporary' period. This is essential for my existence as without which I will not be able to work and live in US. The visit abroad is nothing but 'bread if not butter' for me.
Well, my point is this; I would like to work and live in US but my work entails me to go aborad for a 'temporary' period. This is essential for my existence as without which I will not be able to work and live in US. The visit abroad is nothing but 'bread if not butter' for me.
Questions
1. When do I start counting the “180 days per year” residing in the U.S. requirement? (I don't know where this 180 days comes from. Correct me if I am wrong.)
Is it upon approval of I-485 or the date I physically receive “the green card”?
2. If I don't meet this requirement, do I still get to keep my green card? Or by the fifth year I lose it and I need to leave US?
3 If the principal applicant of the green card can not fulfill the requirement of 180 days (or n days) per year of residing in the U.S., but the spouse can. In this case, what will be the result of both the principle applicant and the spouse?
Your help is appreciated.
1. When do I start counting the “180 days per year” residing in the U.S. requirement? (I don't know where this 180 days comes from. Correct me if I am wrong.)
Is it upon approval of I-485 or the date I physically receive “the green card”?
2. If I don't meet this requirement, do I still get to keep my green card? Or by the fifth year I lose it and I need to leave US?
3 If the principal applicant of the green card can not fulfill the requirement of 180 days (or n days) per year of residing in the U.S., but the spouse can. In this case, what will be the result of both the principle applicant and the spouse?
Your help is appreciated.
Question
JoeF,
If I don't "permanently reside in the US". Instead, I am going in and out of country all the time and spend most of the time abroad.
Do I get a notice from government saying " You have to leave the country"? Or on the fifth year, my green card will expire and I cannot renew it.
JoeF,
If I don't "permanently reside in the US". Instead, I am going in and out of country all the time and spend most of the time abroad.
Do I get a notice from government saying " You have to leave the country"? Or on the fifth year, my green card will expire and I cannot renew it.