A hypothetical

[IllinoisDave]

Quite a few here waiting to exchange the 2-year GC for the 10-year. Gotta believe this economy is now or will soon be putting the pinch on some of us financially. Also gotta believe that some wives may be considering returning to China temporarily for work to help the family get by.

 

What would be the ramifications of such a hypothetical situation GC-wise? Is there a maximum amount of time under the rules that she would be able to be out of the country before USCIS would cry foul? Would a few months gone, a few weeks back, another few months gone for instance cause problems at the AOS interview? Is there a way to do it and NOT raise red flags?

 

Any thoughts?

[rogerluli]

According to the British Expats Forum...

 

http://britishexpats.com/wiki/Green_Card_Abandonment

 

6 months is the breaking point...

[IllinoisDave]

According to the British Expats Forum...

 

http://britishexpats.com/wiki/Green_Card_Abandonment

 

6 months is the breaking point...

Hmmm... interesting. Thanks Rog. That addresses what the rules are when she returns from the "vacation". I wonder how USCIS would look at say, a 5 month "vacation" later at the interview.

[Joanne]

I came to US with my immigrant visa first in Dec 2005. Then I returned to China in Aug 2006 with daughter and stayed for 4 months. I didn't give a thought about the potential problem. When I returned, the immigrant officer did ask why I stayed away for so long. I told him the truth: because I still have work to do in China. It didn't occur to me that my answer would bring any trouble. It didn't. But I don't know if it was only because the officer was friendly and relaxed.

[amerchin]

You will probably be asked one more time if and when she applies for citizenship.

[dnoblett]

You will probably be asked one more time if and when she applies for citizenship.

Yep Citizenship requires 18 months physical presence in the USA over 3 years when married to a US Citizen, or 30 months of 5 years if not married.

 

Periods of time out of country add up, and showing short stays in the USA will affect citizenship applications.

 

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

Edited December 9, 2008 by dnoblett (see edit history)

[rogerluli]

Here's a more recent view on GC abandonment...

 

http://britishexpats.com/forum/showthread.php?t=577139

 

The LA member posting here is an immigration attorney.

[MikeXiao]

At my wife's citizenship interview, they were not so interested in the 3 visits that were 2-3 months long as the one that was only 9 days long.

[lostinblue]

Unless someone has a very good paying job in china .From a pure Dollar amount would the math add up as for as bringing in more money to the american bank account.Cost of plane tickets things like that.

Yan said she could make a pretty good wage by working in a local chinese eating establishment. (if she got tips).

[IllinoisDave]

Sorry I haven't been back to check in. Things are a little crazy here what with our Gov. and all. Anyway, thanks to all for the input. It's all certainly something to consider.