alc72uk

Hi everyone,

I haven’t been back here in a while. The good news is I finally received my green card at the end of August! Hooray! A big thank you to everyone who helped me get this far.

I just have a quick question regarding the six month rule for conditional permanent residents which I’ll try to explain as clearly as I can!

I returned to the UK on August 31st with my green card in hand and continued working for my UK company to try and pay off some of the debt due to being out of work in the US for four months. I am planning to fly out to the States for two weeks over Christmas returning to the UK on January 6th. I am planning to resign from my company at the end of February 2010 to move to the States indefinitely.

Would the USCIS consider that I’ve spent four months this year and then two months next year out of the country? Or is it six months in total?

I’ve read that you are allowed to spend up to six months in any given year out of the US, but does that mean from January to December or a year from the date you leave the country?

Does this make any sense? Can anyone see any problems with me doing this?

Thanks!

kthx

Are the rules different for conditional and unconditional permanent residents?

ian-mstm

It's neither... it's 6 months continuously on a single trip.

Ian

ian-mstm

No.

Ian

hobbes79

Depends if you're using a re-entry permit during your absence...

These are valid for 2-years or until the expiration of your conditional greencard.

So if you apply for get a re-entry permit 3-days before your conditional greencard expires... your re-entry permit is valid for just 3-days. Making it pretty much worthless.

Rete

As it is not a "rule" but rather good sense since your prolonged absence from the US can be questioned by the agent at the POE as abandonment of Permanent Residency.

If you are planning on naturalizing, be sure that you read the Guide to Naturalization to determine how a prolonged absence will affect your eligibility.

jeffreyhy

Are you asking with respect to retaining your status as a PR, or with respect to qualifying for citizenship?

Two different things, but both affected in different ways by being out of the USA. So explanations may be a bit less complicated if responders don't have to deal with both.

Regards, JEff

alc72uk

Thank you for your replies.

Jeffreyhy - Sorry I should have made that clearer, I'm simply asking with respect to retaining my status as a PR

Rete - I am planning on naturalizing but I'm married to a member of the Armed Forces so continuous residence and physical presence in the US is not required.

Hobbes79 - I am not using a re-entry permit because I am only going to be out of the US for four months on this single trip and two months on the second trip next year so it isn't required.

Thanks

dreamercon

If your spouse is a US citizen working overseas for the US Armed Forces, with an overseas assignment of one year or more, you may be able to apply for naturalization immediately. If that's the case, you should apply now - then you won't need to waste money and time applying for removal of conditions of your LPR status in two years time or worry that you will lose your status.

jeffreyhy

In which case,
http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

Regards, JEff

alc72uk

I wish I could dreamercon. My husband is a US citizen working for the US Armed Forces but he is stationed on US soil for the moment. We will have to wait until we get an overseas assignment of one year or more to apply for expeditious naturalization.

alc72uk

Thanks for the link Jeffreyhy. It's always best to check these things just in case!

meauxna

Thank you for looking that up... was just about to!

OP, please also read the linked info on the left of that page. They have tripled their website by splitting up pages!