Maximum period to spend outside US

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super149

New Member
Hello everyone,
I need an expert opinion in keeping the green card valid. I spent my first six years in US. I took a break for one year and now I am back in the second spell. I am about to apply for the green card. With all the categories become current, I may get the green card in a year or around that time. But I like to go back to India and spend atleat two years with my old age parents. I know if I stay more than six months I may loose the green card. Also there is a provision that allow a GC holder to spend outside US upto two years by getting prior permission. But somewhere I read If both husband and wife got the green card then only one is allowed to spend the two years outside at a time. In this situation I have the following questions.

1. Is it good to apply GC for me and my wife?

2. Is it better to apply to GC for me alone, so that I would be allowed to spend two years outside US and after I come back here I can sponsor for my wife?

3. Is there any other better way to handle this situation?

Correct me if I am wrong and help me please.
 
super149 said:
Hello everyone,
But somewhere I read If both husband and wife got the green card then only one is allowed to spend the two years outside at a time. In this situation I have the following questions.

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Who said that or where you read?
It is NOT correct.
Green cards are individual cards (Once they are awarded --means derivative link is valid only till it is awarded),
then each card holder has to 'maintain' links to US individually (in indivdual capacities)of the 'conditions' required to hold/maintain the GC. (Requirements can be read at USCIS.com--under 'You are a green card holder now or so ...similar heading/link.search the site).
Means you have to maintain the 'requisites'.Nothing more --nothing less.
Coming to your -two year trip,Once you get a green card,
1)You need to apply REP(reentry permit)before you leave the 'territory'
2)Maintain the links to US, provided under requisites.
That's it.
Similar is to your wife,if she wants to leave for two years.
 
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what Micronesia said is correct.

It seems you are still at a very early stage of thinking to apply GC. I would suggest you to act quickly first instead of worrying what to do after you get the status.

Do not think the 'current' will stay like this, there are many other unexpected things you might encounter during the application process, therefore your projected '1-year' to get the GC might not be ideal.
 
If you refer Murthydotcom.com another leading attorney who help lot of people in immigration issues, you would see in the FAQ. One person asked whether he and his wife could go back to India for two years in REP and the answer was one and only allowed to go when one remain here.
 
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I am planning to go with a labor substitution (Jan 2003) approved with identical qualificaiton and experience from my previous employer. Also I am planning to take CP for 485. I dont have any other issues in my qualification(IT related) , experience or regarding my current or previous employers. The only problem I foresee is if they process lot of backlog applications which would eventually delay my GC process. Otherwise I am confident I would be getting it in a year. I am going for 140 in next fifteen days since 7/16 is the due date for labor substitution. Thats why I am in a dilemma whether to apply for me or my wife too. Thanks
 
I Have similar issue, I need expert advice.
1) My son 12 years old is Studying in India, we got our GC approved recently.
2) My wife is also staying there with him. I am making frequent trip to India.
We want to keep GC valid. What are the option I have?
I heard that if kids studying abroad, There is some rule, But I am not ware of that.
Also my wife has to stay with kids. We got our GC couple of month back.

They are planning to make trip for about 2 month in a year.
Also Can I apply REP for them multiple times ? or only once

Thanks
 
I am not aware of so many exceptions when dealing with how to keep the GC status valid. If you go to download forms (I-131) from uscis website, it really doesn't mention so many exceptions. When it is not mentioned in the USCIS forms, most likely the stuff you heard and mentioned is not true.

This is to super149, can you verify with me to see if labor-sub is still accepted? I thought they have stopped using the labor substitution a while back.
 
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