Scenario after GC approval...

M

minammmmmm

Registered Users (C)
Please help: Scenario after GC approval...

Dear folks.

I may be asking you this question too early but I'm pretty much concerned....

(1) After my GC approval, if I want to work outside US, is there any way to keep my GC w/o staying in the states over 6 months a year ?? (Note: My dependents will stay in the US definitely over 6 months a year and we'll also keep our house and properties in the US, and I think I will be able to stay in the states approx. 3 months a year even if this situation happens.)

(2) If I MUST stay in the US over 6 months a year (0 tolerance), then do I have to stay in the states over 6 months CONTINUOUSLY or can I go back and forth many times as long as the total # of days in the US exceeds 6 months ????? Well... I know GC holders' true intent to be a US perm resident is more important than just a math but...

Please let me know...
 
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You can extend your leave every 6 months to keep your Green card valid, but you need to file a form (not sure which one). If you don't file the extension, your Green card will become void 6 months after you left the US.

The only issue arises when you try to apply for citizenship. At that time you will need to show that you have been in the US for at least 2.5 years out of the last 5 years, including the last 6 months prior to applying for your citizenship. Those 2.5 years do not need to be consecutive. The last 6 months DO need to be consecutive though. Also remember to file you US income tax, even if you have no US income. IRS has a world tax clause, and green card holders are subject to this. You may be asked to show you filed your US income tax for those years even if you were not in the US.

A friend of mine lived in UK for 2 years, and kept extending his leave to keep the GC valid. He later successfully applied for citizenship. I think you can even send the form in from the foreign country.

Basically it needs to be officially in the system for an Immigration Officer to see at the POE that you have not abandonded your GC.

I am not a lawyer.
 
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