Physical presence in US after GC

S

saara

Registered Users (C)
I got married to someone in India. I have been a PR since 3 years. Considering how long it takes to sponsor a GC for spouse, I have decided to simply get my Citizenship and then apply for my husband's GC. But I have 2 more years before I am eligible for Citizenship. I have resided in US for the whole 3 years of my PR. I plan to travel back and forth to US for the next 2 years. My question is
1. If I travel to India for 5 months and then come back stay in US for a month and then go back for another 5 months, would I violate my PR.
Please advise
 
Please consult an attorney for confirmation.

You are required to be a Permanent Resident for 5 years out of which 30 months must comprise "continuous residence". The latter means that you have not been out of the US for more than 6 months.

In your case you will qualify if your trips to India last less than 6 months. The number of trips do not matter, as you have already satisfied the "continuous resident" requirement. And you can apply 90 days before you complete the 5 years.

If, for any reason, you stay out more than 6 months, you will have some explaining to do.

The following is from "Naturalization Guide":

Continuous Residence

“Continuous residence” means that you
have not left the United States for a long
period of time. If you leave the United
States for too long, you may interrupt
your “continuous residence.”

What if I was outside the United States
for between 6 and 12 months?

If you leave the United States for more than 6
months, but less than 1 year, you have
broken or disrupted your “continuous
residence” unless you can prove otherwise.”​
 
saara said:
I got married to someone in India. I have been a PR since 3 years. Considering how long it takes to sponsor a GC for spouse, I have decided to simply get my Citizenship and then apply for my husband's GC. But I have 2 more years before I am eligible for Citizenship. I have resided in US for the whole 3 years of my PR. I plan to travel back and forth to US for the next 2 years. My question is
1. If I travel to India for 5 months and then come back stay in US for a month and then go back for another 5 months, would I violate my PR.
Please advise
Click to expand...

In my opinion if you do it once or twice, you will not run into too much trouble. If you do it too often then yes! Dont leave for over 6 months.

another Option. Your husband cant come here on visitor visa etc. so can he try to move to maybe Canada ? you can visit him there often
 
It is not and has never been enough to just show up in the US once in a while.

While the above statement by JoeF is accurate, Saraa, having already satisfied the "continuous residence" requirement (30 months), plans to make several trips of less than six months each. She would be within CIS guidelines and cannot be denied citizenship on this ground. Only, she must maintain her ties with the US by having permanent address, bank account etc.

I am addressing the issue of specific and limited trips abroad, not short trips back to US to keep the Green Card "alive".
 
Rentry Permit

In that case, if I apply for a re-rentry permit, would it reset the clock for my eleigibility for citizenship as I have already resided in US as 3 years as PR and am 2 years away from citizenship
 
JoeF said:
Eligibility for citizenship is one thing (and I agree here), but maintaining the GC is another thing. She can not stay abroad with her husband and come back once in a while. That would put the GC in grave danger. And, without GC, there obviously is no citizenship...
Click to expand...

She says she will be gone 5 months at a time. I do not see how this puts her GC in "grave danger".

I do not know her reasons but if she wants to be with her husband whom she intends to sponsor and her husband is in a job abroad, she has a legitimate reason (family values and all that!). I do not believe that, in law, she could lose her green card by staying away for a period obviously allowed by Naturalization Guide and also by wanting to keep her family together.

She must however keep ties with the USA by filing taxes etc.
 
saara said:
In that case, if I apply for a re-rentry permit, would it reset the clock for my eleigibility for citizenship as I have already resided in US as 3 years as PR and am 2 years away from citizenship
Click to expand...

There is no need for a re-entry permit if you are staying away just for 5 months. It is only for those who want to stay away for a year or more.
 
JoeF,

I agree the best thing to do is to wait for CZ to sponsor and its a hard situation being a GC holder and having a spouse aborad

Would you agree that , if they were not married and just engaged it would be easier? Could he come visit on a Visitor visa? I dont think he can visit on a Visitor visa now that he is married? what do u think
 
What is the status on those "V" visas that were supposed to be like the K1/K3 visas current US Citizens use, but the "V" visas are for GC holders?

I found a link:

http://uscis.gov/graphics/howdoi/hdinonimm.htm

but I don't know if this is current.

Saara, I would see if this option is available for you to bring your husband here...

Good luck!

Ratrat
 
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