How long does my wife have to be in the US each year to maintain green

[jbray]

It looks like I might be transferred to Hong Kong in about 9 months. My wife currently has her CR-1 visa (and 2 year green card). In a few months, she will change to IR-1 and get a 10 year green card. After that, how long does she have to be in the US each year to keep her green card. A friend just told me 10 weeks. Is that right? That's a bit too long... If, she looses her green card do we have to go through the long grueling process again?

[tonado]

If she is going to be out for more than 1 year, then she will need to apply for re-entry permit.

 

 

http://www.uscis.gov/files/article/B5.pdf

[david_dawei]

Sounds like she might be out of the US due to your work location?

 

I would check with a consulate to ask them how your wife's status is maintained if she goes with you...

[Rainbow]

It looks like I might be transferred to Hong Kong in about 9 months. My wife currently has her CR-1 visa (and 2 year green card). In a few months, she will change to IR-1 and get a 10 year green card. After that, how long does she have to be in the US each year to keep her green card. A friend just told me 10 weeks. Is that right? That's a bit too long... If, she looses her green card do we have to go through the long grueling process again?

 

i wanna know the answer as well...

[dnoblett]

From USCIS:

 

Maintaining Permanent Residence

 

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

 

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
  
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  
• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  
• Fail to file income tax returns while living outside of the US for any period.
  
• Declare yourself a “nonimmigrant” on your tax returns.
  

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

Also note: Once you obtain LPR status you no longer have a visa, the visa is only a document used to enter the USA, CR-1 was used once after that her status is conditional LPR, then after about 21 months as Conditional LPR you apply too lift the conditions, obtaining LPR status, no IR-1 visa is issued or involved.

 

One other thing If you are thinking of naturalization to become a citizen, periods out of the country of more than six months will affect the how long before can apply for citizenship.

 

Naturalization Requirements:

• If you are at least 18 years old and:
  Are currently married to and living with a U.S. citizen; and
  Have been married to and living with that same U.S. citizen for the past 3 years; and Your spouse has been a U.S. citizen for the past 3 years.
  
• Permanent Residence (LPR): 3 years.
  
• Continuous Residence: 3 years as a Permanent Resident without leaving the United States for trips of 6 months or longer.
  
• Physical Presence in the United States: 18 months.
  
• Time in USCIS District or State: 3 Months.
  
• Good Moral Character: Required
  
• English & Civics Knowledge: Required
  
• Attachment to the Constitution: Required
  

http://www.uscis.gov/files/article/M-476.pdf

 

The item in bold depends on the underlined, not meeting any of the underlined will reset the item in bold.

Edited May 6, 2007 by dnoblett (see edit history)

[jbray]

Thanks for your answers... From what I can see, if she get's a re-entry permit, she can stay out as long as 2 years... I guess we will have to ask the consulate in Hong Kong...

 

She doesn't plan to become naturalized. We want to retire in China, so I don't want her to loose her citizenship.

[dnoblett]

Thanks for your answers... From what I can see, if she get's a re-entry permit, she can stay out as long as 2 years... I guess we will have to ask the consulate in Hong Kong...

 

She doesn't plan to become naturalized. We want to retire in China, so I don't want her to loose her citizenship.

If more than 2 years there is a visa called a returning resident visa.

 

SEE: http://travel.state.gov/visa/immigrants/info/info_1333.html

[jbray]

OK... I think i've got it... So, we file for the "Returning Resident Permit" and can stay out as long as 2 years. If more, then we file for the "Returning Resident Visa" (which costs more)...

 

Last question, what if we go to a place like Guam? Does that qualify as returning to the US? So, in other words, once a year take a short vacation to Guam? I'm trying to figure out the easiest way to do this...

 

If my math is correct, maybe we could do a "Returning Resident Permit" and stay out for 2 years, then take a short vacation to Guam. Then we would be able to stay out for another year. The application process for a "returning resident visa" sounds a little scary, and expensive. So, I'm trying to get creative.

[dnoblett]

OK... I think i've got it... So, we file for the "Returning Resident Permit" and can stay out as long as 2 years. If more, then we file for the "Returning Resident Visa" (which costs more)...

 

Last question, what if we go to a place like Guam? Does that qualify as returning to the US? So, in other words, once a year take a short vacation to Guam? I'm trying to figure out the easiest way to do this...

 

If my math is correct, maybe we could do a "Returning Resident Permit" and stay out for 2 years, then take a short vacation to Guam. Then we would be able to stay out for another year. The application process for a "returning resident visa" sounds a little scary, and expensive. So, I'm trying to get creative.

The only hang up with this idea is that you need to be "resident" in Guam, and it can take up to 90 days to get a Re-entry permit.