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Maximizing overseas time without compromising Green Card


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Hi,

 

We just got the CR-1 visa. We intend to go to the States for about two months starting June 23. Then, because both my wife and I have work here in China, we plan to return about August 22.

 

I know we have a number of must-do's to keep that green card, without having to apply for it all over again. For us to give up the green card and then get a visitor's visa for my wife is out of the question, because the co-sponsor for the green card, my father, is elderly enough we don't know if he can so-sponsor a second green card in the future. At the same time, my step-son is a third year university student, who wants to go to graduate school. That means supporting him through four years more of schooling here in China. That is possible for us to do here in China, but unlikely easily done in the United States. Economically, the United States job market for me is horrible right now, whereas the job market for me in China is acceptable. My wife has a job she has had for fifteen years, which is best not let go of until we are really ready to move permanently to the States. So, we have a number of reasons to stay in China, but we have a very strong reason to keep that green card, too.

 

I know the CR-1 is temporary, so that means that we will need to eventually apply for the 10 year permanent green card. Can that be applied for while in China?

 

The summer of 2016, we can be back in the United States for maybe up to 90 days, but it is still too early to make firm plans.

 

I heard there are extensions and forms and other ways to allow for extended stays outside of the States.

 

Ideally, we do not want to have to try to pay for plane tickets and related travel expenses every six months.

 

During those times we are in the States, there are certain minimum time lengths for residence purposes... what are they, and how long is each?

 

Thank you

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Hi,

 

We just got the CR-1 visa. We intend to go to the States for about two months starting June 23. Then, because both my wife and I have work here in China, we plan to return about August 22.

 

I know we have a number of must-do's to keep that green card, without having to apply for it all over again. For us to give up the green card and then get a visitor's visa for my wife is out of the question, because the co-sponsor for the green card, my father, is elderly enough we don't know if he can so-sponsor a second green card in the future. At the same time, my step-son is a third year university student, who wants to go to graduate school. That means supporting him through four years more of schooling here in China. That is possible for us to do here in China, but unlikely easily done in the United States. Economically, the United States job market for me is horrible right now, whereas the job market for me in China is acceptable. My wife has a job she has had for fifteen years, which is best not let go of until we are really ready to move permanently to the States. So, we have a number of reasons to stay in China, but we have a very strong reason to keep that green card, too.

 

I know the CR-1 is temporary, so that means that we will need to eventually apply for the 10 year permanent green card. Can that be applied for while in China?

 

The summer of 2016, we can be back in the United States for maybe up to 90 days, but it is still too early to make firm plans.

 

I heard there are extensions and forms and other ways to allow for extended stays outside of the States.

 

Ideally, we do not want to have to try to pay for plane tickets and related travel expenses every six months.

 

During those times we are in the States, there are certain minimum time lengths for residence purposes... what are they, and how long is each?

 

Thank you

 

 

What you need to be talking about here is your domicile in the U.S. What are you doing to maintain a footprint at "home" (which needs to be in the U.S.)? How will you demonstrate to the Immigrations Officer at the POE when returning to the U.S. that you have maintained your U.S. domicile?

 

I'm sure that you can MAIL your application for the 10 year card while living in China, but you will need to provide the domicile evidence. What you have posted here does not sound hopeful. A stay of ANY length outside the U.S. CAN be interpreted as abandoning the green card if you do not provide evidence of an intention to live in the U.S.

 

You MAY be able to do what you want to do for a couple of years (you're not providing any indication of what time frame you are looking at before you return for good). Six months to a year of TEMPORARY stays outside the U.S. MAY be acceptable, but not for an extended period of time.

 

Without having a clear picture of your situation, if you will be staying in China longer than 2 to 3 years MAX, my gut feeling is that your best approach will be to ABANDON her existing card, and apply for a new one when the time comes. That will save a lot of worry, money, and headaches

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The problem with the abandonment issue is more complicated than I listed above.

 

Fact is, the only reason why we went for the green card option was that 1) my dad is still living and can do the co-sponsor, 2) my son is getting married June 27 and we needed the visa rather fast (we had no time to get refused a visitor visa numerous times), and 3) the United States has the false assumption that it is so great that everybody can get a job there, legally or illegally, thereby not issuing non-immigrant spousal visas, which most countries do seem to have. In other words, I am not a very happy person with my country, and its continued blindness to the economic poverty it is forcing its own citizens into.

 

If I live in the States right now, I'm going to be working WalMart cashier. That is not enough to support my wife and her son. I have nine years overall in ESL teaching experience, but until I finish my MA in TESOL, I'll have no related job opportunities in the U.S. Physically, I'll be on disability in the States if I did any more cashier work. But from my experience with disability before, it would take four years before they finally decide I'm ineligible, again. But American politicians have their heads buried in the sand, unwilling to see the reality of American economics.

 

Do I want to stay in China? Does my wife? No. We don't like not being able to trust any of the food we eat, nor watching more and more of our friends and relatives suffer respiratory disease. We are living in the area of China where the world's deadliest earthquake occurred about 500 years ago. From what I have seen of building standards here, I'd rather suffer a major shift in Los Angeles of the San Andreas fault than to be here if a Nepal-level quake occurs.

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If you work for the US government, are a missionary, or military there are ways to preserve a green-card see N-470 http://www.uscis.gov/n-470

 

Several members got spouse visas primarily because they were having hard times getting a visit visa, one came up to the dilemma of removal of conditions and after some reasoning decided to abandon the card and apply for a visit visa, and that course of action worked fine. Abandoning a 2 year green-card is solid evidence of no intent to immigrate at this time and they issued a B-2 on the spot.

 

A green-card is for residing in the USA, not a fancy permanent visa, and now a days the consulate issues 10 year B-2 visas.

 

Here is one that abandoned green-card rather than try to remove conditions. http://candleforlove.com/forums/topic/45297-conditional-green-card-holder-not-living-in-the-usa-i-751/?p=595204

 

If your intent is residing in China and using the green-card for visits, you would probably be better off abandoning the GC and getting a 10 year B-2 and if and when you do decide to live in the USA on a permanent basis, at that point petition for another spouse visa at which point the resulting GC would be a 10 year permanent one.

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unfortunately, it is designed for the people to reside for the long term. I just don't see how you can game the system without spending ungodly amount of money which you might as well save it for evidence of financial support. Sorry, I feel your pain.

 

Well put - thank you. Yes, everything he says is reasonable to us, but may work against his immigration situation

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