Extended Stay Outside The USA?

[Bill & Li Hong]

Does my wife w/10 year green card need to file any paper work if she's going to be outside the USA for say 6 to 9 months?

[dnoblett]

Anything less than 1 year should not pose a problem, however it is recommended to file an I-131 for a travel document to help avoid any hassles at the POE that sometimes comes up with time away longer than 6 months.

 

Also, a period away from the USA longer than 6 months will reset the counter used to determine residency requirement for applying for citizenship, there are ways to preserve this such as time away from the USA was due to working for the US Government. Or an option is to become a citizen before traveling, and apply for a China Visa, my wife is a citizen and is in the process of getting a visa, she qualifies for two year visa with extended visits.

[Bill & Li Hong]

She will be acompanying me on a one year work assignement by my company, and we'll be returning to the USA with me in 7 months for Xmas.

 

It's a lot of money, but................?

[dnoblett]

Yes, $445 is a bit for peace of mind. http://www.uscis.gov/i-131

This is what USCIS says:

Remain outside of the United States for more than 1 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 United States may be considered, even if less than 1 year

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

 

Again, I have heard of hassles at the POE, however I have not heard of anyone being stripped of their green-card and denied entry on trips less than one year. If you show you have a home in the states and the trip abroad was a temporary condition and not permanent, you should be fine.

Details about preserving residency for naturalization can be found here: http://www.uscis.gov/n-470

[ama537621]

Check with your Company. My company has a policy in the contract to take care of immigration issues. If they really want you to go they might pay the fee for you.

 

I would get the I-131 for sure. Make sure you list 18 months for your ex-pat length. I listed 12-18 months and they only issued her a 1 year reentry permit. We ended up making a trip back at 11 months to make sure there were no problems. She will only have 2.5 months out with no reentry permit.

 

Even if your company does not pay I would get the permit.

[Bill & Li Hong]

Can you use the I-131 multipal times in the one year or two years? Coming home after 7 months and then again when coming home after 5 months.

If you don't HAVE to thave one for less thean one year, what good does a one year permit do for you, other than make them $445.

I see that the N-470 is $330 too.

[Randy W]

Can you use the I-131 multipal times in the one year or two years? Coming home after 7 months and then again when coming home after 5 months.

If you don't HAVE to thave one for less thean one year, what good does a one year permit do for you, other than make them $445.

I see that the N-470 is $330 too.

 

Yes - keep the original, which you can SHOW to them at the POE if they ask. But also carry copies with you, so you can leave one if they want it.

 

The I-131 is simply a little bit of security - if they suspect you have abandoned your U.S. domicile, they can revoke her green card and deny entry. I would at least carry evidence that you haven't in the form of bills, bank statements, driver's license, anything showing your U.S. address.

[ama537621]

The I-131 can be used multiple times. If you get an officer at the POE that is having a bad day with the 7 month stay they can give you trouble. With the I-131 you should not have any problems. The I-131 is a little passport style book. They stamp each box when you enter with the time out of country. I also keep a copy of my work contract with us when we entered in case they had any issues.