Keeping the Permanent Green Card...

[rogerluli]

One of those onerous USCIS requirements for those of us planning on living in China is, of course, the annual trip back to touch base on American soil for our PRCC spouse. So my random thought for a Friday is... Why not make it a shorter flight and show up in Guam (an official US Territory) and get your foreign spouse stamped there... ??? That's US dirt isn't it??? It's only a couple of flights totaling less than 6 hours to get there via Manila from Guangzhou and less expensive than going back to the Mainland...

 

Will this fly???

[Sebastian]

One of those onerous USCIS requirements for those of us planning on living in China is, of course, the annual trip back to touch base on American soil for our PRCC spouse. So my random thought for a Friday is... Why not make it a shorter flight and show up in Guam (an official US Territory) and get your foreign spouse stamped there... ??? That's US dirt isn't it??? It's only a couple of flights totaling less than 6 hours to get there via Manila from Guangzhou and less expensive than going back to the Mainland...

 

Will this fly???

 

I don't know about Guam - but hey ! shift a bit ?

Come back for the summer time, the two of you matriculate on a campus somewhere, take some summer classes on a topic of yer interest. It's a nice 3 month 'vacation'.

[Guest Mike and Lily]

Why not make it Hawaii? It's much nicer than Guam!

[rogerluli]

One of those onerous USCIS requirements for those of us planning on living in China is, of course, the annual trip back to touch base on American soil for our PRCC spouse. So my random thought for a Friday is... Why not make it a shorter flight and show up in Guam (an official US Territory) and get your foreign spouse stamped there... ??? That's US dirt isn't it??? It's only a couple of flights totaling less than 6 hours to get there via Manila from Guangzhou and less expensive than going back to the Mainland... B)

 

Will this fly???

 

I don't know about Guam - but hey ! shift a bit ?

Come back for the summer time, the two of you matriculate on a campus somewhere, take some summer classes on a topic of yer interest. It's a nice 3 month 'vacation'.

 

Miss the whole summer in China??? All the summertime fruit...

 

I don't think so...There is NO stipulation as to the length of time the Green Card holder has to hang around on US soil...I'm thinking the next flight out will work...

[rogerluli]

Why not make it Hawaii? It's much nicer than Guam!

 

Not only much nicer but several times more $$$$$$$$$$$$$$$$$$$$

[Guest Mike and Lily]

Why not make it Hawaii? It's much nicer than Guam!

 

Not only much nicer but several times more $$$$$$$$$$$$$$$$$$$$

 

If you're going to take the trip, you might as well enjoy it. I think you've become too accustomed to Yunnan prices over there!

[rogerluli]

Why not make it Hawaii? It's much nicer than Guam!

 

Not only much nicer but several times more $$$$$$$$$$$$$$$$$$$$

 

If you're going to take the trip, you might as well enjoy it. I think you've become too accustomed to Yunnan prices over there!

 

I only can wish we were there already... Isn't there some kind soul out there who'd pay my way to get rid of me???

[rogerinca]

Why not make it Hawaii? It's much nicer than Guam!

 

Not only much nicer but several times more $$$$$$$$$$$$$$$$$$$$

 

 

Found you a 'deal' in Guam Rog !!!

 

It's a special 10 day, 9 night rate for those on a budget !!

 

Hyatt Regency Guam

1155 Pale San Vitores Road,

Tumon, Micronesia 96913-4206

Tel: +1 671 647 1234 Fax: +1 671 647 1235

Email: smdept@hyattguam.com

 

 

Twin Room

Room Details Week 1 195.00 195.00 195.00 195.00 195.00 195.00 195.00 Week 2 195.00 195.00 per day.

[rogerluli]

Why not make it Hawaii? It's much nicer than Guam!

 

Not only much nicer but several times more $$$$$$$$$$$$$$$$$$$$

 

 

Found you a 'deal' in Guam Rog !!!

 

It's a special 10 day, 9 night rate for those on a budget !!

 

Hyatt Regency Guam

1155 Pale San Vitores Road,

Tumon, Micronesia 96913-4206

Tel: +1 671 647 1234 Fax: +1 671 647 1235

Email: smdept@hyattguam.com

 

 

Twin Room

Room Details Week 1 195.00 195.00 195.00 195.00 195.00 195.00 195.00 Week 2 195.00 195.00 per day.

 

OUCH...Tooo 'spensive...How about sleeping on the beach???

[rogerluli]

Guam will work. The requirement that she set foot on US soil will be fulfilled. But, is there any requirement that she stay for any length of time or that she return to her US residence?..these are details I'm not sure about

 

Nope nothing more specific than showing up Larry...

 

How does it work in practice???

[rogerluli]

Guam will work. The requirement that she set foot on US soil will be fulfilled. But, is there any requirement that she stay for any length of time or that she return to her US residence?..these are details I'm not sure about

 

Nope nothing more specific than showing up Larry...

 

How does it work in practice???

 

 

In practice? Good question!!!...but you can always rent a quansit hut in the jungle and call it home on Guam! hahaha

 

Hey Larry I see that you're headed out for our neck of the woods in Yunnan soon...Have a great time...

 

Much, MUCH better than your last trip...

[dnoblett]

Wont fly. Residency requirement needs to be the majority of time in the USA, not just a few days of the year.

 

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

 

Green-card is for permanent residence in the USA, it is not a pass that is used to re-enter the USA to visit.

 

Easiest way to deal with this is to remain in the USA as a permanent resident for 3 years, and then naturalize and become a US citizen, at this point you can live wherever you like, and not have problems re-entering the USA.

Edited May 16, 2008 by dnoblett (see edit history)

[rogerluli]

Wont fly. Residency requirement needs to be the majority of time in the USA, not just a few days of the year.

 

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

 

Green-card is for permanent residence in the USA, it is not a pass that is used to re-enter the USA to visit.

 

Easiest way to deal with this is to remain in the USA as a permanent resident for 3 years, and then naturalize and become a US citizen, at this point you can live wherever you like, and not have problems re-entering the USA.

 

Dan I've read that section over many times and if you can direct me to the part that says "majority of time" I sure would like to see it...

[Randy W]

Wont fly. Residency requirement needs to be the majority of time in the USA, not just a few days of the year.

 

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

 

Green-card is for permanent residence in the USA, it is not a pass that is used to re-enter the USA to visit.

 

Easiest way to deal with this is to remain in the USA as a permanent resident for 3 years, and then naturalize and become a US citizen, at this point you can live wherever you like, and not have problems re-entering the USA.

 

Dan I've read that section over many times and if you can direct me to the part that says "majority of time" I sure would like to see it...

 

I see a lot of "may"'s in there, also, which Dan likes to translate to "will".

[dnoblett]

I see a lot of "may"'s in there, also, which Dan likes to translate to "will".

This is a very gray area, the POE can consider the I-551 green-card to be invalid if they decide that the intent is to not reside in the USA.

 

Many aliens acquire lawful permanent residence and soon after return to their home and employment in a foreign country, visiting the United States only briefly each year. However, simply using their Form I-551 (i.e. green card) each year for visits to the United States does not entitle aliens to retain their lawful resident status. For example, in Matter of Huang, the alien and her two children had resided in Japan except for brief annual visits to the U.S. to maintain permanent resident status. The BIA found that she had abandoned her lawful permanent residence since: (1) she had stayed with her sister-in law during her brief visits in spite of her ownership of a house in the U.S.; (2) she had never lived or worked in the U.S.; (3) her children had gone to school in Japan; (4) she had worked and bought a house in Japan; (5) there was no firm projected date for the family's return to the U.S.

 

According to Chavez-Ramirez v. INS, 792 F.2d 932, 937, 3 Immig. Rptr. A2-364 (9th Cir. 1986), a critical consideration is whether the evidence demonstrates that the alien had "a continuous, uninterrupted intention to return to the United States during the entirety of his or her visit." If the alien has no intention of returning at the time of departure, he or she cannot be considered temporarily absent. The alien also cannot be regarded as returning from a temporary absence if the intention to resume residence in the United States was abandoned during the absence abroad.

http://www.americanlaw.com/maintlpr.html

 

Another option is, if the US citizen has a US job that requires living long periods of time out side the USA, this is not considered to be abandoning US residency.