Need to stay in India for a few months

H

howdy.amigo

Registered Users (C)
Hi,

Good evening. As my mother had an accident and has been bed ridden, and due to economic conditions, I have to stay in the US and send money to India to cover my mother's medical expenses. My wife went to India on 26th of Oct 2008 and has been with my mother taking care of her along with my sister. As Green card holders, both my wife and I, we are considering various options on how best we can maneuver this GC situation and be with my mother to look after her for a few months.

I heard that we can't stay out of the US for more than 6 months. I wonder how would they consider start counting the 365 days so that my wife should be here in the US for at least 6 months. What I meant to ask is that the one year starts from Jan 1st of every year or it can start any day of the year and goes on for 365 days from that day. In my wife's case, does the year start from Oct 26 2008 and ends on Oct 26 2009? Or can we say, in the year 2008, she missed only 2 months and a 4 days and she can come back the US for a month in 2009 and can go back to India for 6 months starting fresh in 2009?

Based on how they calculate these 6 months, we are planning my wife's trip to India as my mother can always use extra helping hand for a few months.

Please advise.

Thank you for your help.

Regards.
 
You must be prepared to show documents to CBP that your mother is ill and remains ill, so that each one of you is alternating to provide care for her.

Bcs it might show in the computers constant movement between India and the US. - Be prepared to answer questions. Nothing to worry about.
 
The best option for you is to get a re-entry permit which allows you to be outside US for 2 years without affecting your GC. You can leave US as soon as you apply and can have the permits delivered to the nearest US consulate.
For more info look for form I-131 and instructions at USCIS website:

http://www.uscis.gov/i-131
 
nkm-oct23 said:
The best option for you is to get a re-entry permit which allows you to be outside US for 2 years without affecting your GC.

You can leave US as soon as you apply

-----------------------Once you send I-131 for reentry Permit then you need to wait for biometric notice and go only after when biometrics are done.


and can have the permits delivered to the nearest US consulate.
For more info look for form I-131 and instructions at USCIS website:

http://www.uscis.gov/i-131
Click to expand...

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howdy.amigo said:
Hi,

Good evening. As my mother had an accident and has been bed ridden, and due to economic conditions, I have to stay in the US and send money to India to cover my mother's medical expenses. My wife went to India on 26th of Oct 2008 and has been with my mother taking care of her along with my sister. As Green card holders, both my wife and I, we are considering various options on how best we can maneuver this GC situation and be with my mother to look after her for a few months.

I heard that we can't stay out of the US for more than 6 months.
-----------------------one CAN stay more than 6 months but must return BEFORE 1 year.

I wonder how would they consider start counting the 365 days so that my wife should be here in the US for at least 6 months. What I meant to ask is that the one year starts from Jan 1st of every year or it can start any day of the year and goes on for 365 days from that day.

In my wife's case, does the year start from Oct 26 2008 and ends on Oct 26 2009?
---------------------------YES
Or can we say, in the year 2008, she missed only 2 months and a 4 days and she can come back the US for a month in 2009 and can go back to India for 6 months starting fresh in 2009?

Based on how they calculate these 6 months, we are planning my wife's trip to India as my mother can always use extra helping hand for a few months.
---------------------- She went out of US on Oct 26 2008 and from Oct 26 2008 count 6 months (180 days) and you will know on what date she hit 180 days. If she comes back before she hit 180 days then I dont see any problem. File your and her tax in April.


Please advise.

Thank you for your help.

Regards.
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Howdy Amigo!

I think you've received pretty good advice so far. Only things I would like to add is that if your wife is looking forward to naturalizing, trips of more than six months will reset her clock for something called continuous residence, and she would need to wait four years and one day after the last six months plus trip before being eligible for naturalization. Other than that, multiple long trips might raise a question of abandonment of residency, but I am sure that with enough documentation of the humanitarian family care need and showing ties to the US it shouldn't be a problem. The six months thing is per trip, so just make sure your wife's trip doesn't exceed six months as ginnu has mentioned. This is not a total number of days out of the US per calendar year, it is a per trip counter, trips don't have to exceed six months if you want to avoid complications with Green Card and naturalization down the road for your wife. The return permit could be an option if you don't care much about naturalization down the road and you are planning for her to stay most of the time out of the US. My best advice would be to keep her trips to less than six months and spend a couple of months in the US at least between trips if that is feasible. You might end up hitting the physical presence requirement limit for naturalization purposes, but that would be a few years of solid spending most of the time out of the country. I understand that it has to be tough for you to handle all these responsibilities.
 
Hi rick92/nkm-oct23/ginnu/Huracan

I thank you from the bottom of my heart for spending your valuable time to enlighten me on this complicated situation. Although it is tough on me for not able to be with my mother, my only consolation is that she is with somebody who care for her and also receiving the best medical attention that is available at the place she resides.

As a lesson I learned in the past that states "do not trouble the trouble until trouble troubles you", I will have my wife come back in the end of Jan 2009 and have her stay in the US for a month to complete the submittal of tax returns, and then she can go back to India for 3 or 4 months. By then, I hope my mother can regain her faculties to do chores on her own.

Please advice me if I am faltering in any step of my way.

Once again, thank you for help. Have a nice day.

Regards.
 
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