Hello,

My British hubby and I are returning to the UK for one year of graduate study.

DH is a green card holder, doesn't expire for many years (he has the 10 year card) and has lived in the US for 7 years (first two with a conditional GC).

How long can DH be out of the US without jeopardizing his status?

We will be returning for at least 3 weeks over Christmas.

Thank you!

Conventional wisdom says 6 months to 1 year without a reentry permit. Up to 2 years with a reentry permit. Like all things in life there can be other circumstances which complicate this, but it is a good guide.

When the card expires is not relevant. Also not relevant. What lansbury wrote. Regards, JEff

<sigh>

Why does everybody phrase the question in terms of "how long?" The two main cases on the issue are Matter of Kane which was issued in 19-SEVENTY-5 and Matter of Huang which was issued in 19-EIGHTY-8. Yes, they were issued DECADES ago and the word seems not have gotten out.

Definitely read Huang.

I think a re-entry permit application might be in order.

People have lost their status after being out of the US for only one day; others have been out for years without losing their status. You husband will fall somewhere along that continuum. Where? Who knows!

Ian

What ties will he be maintaining in the USA?

Rene

FIFY!

Not, apparently, you! (Not one of your more useful contributions! )

Wow. It's all very ambiguous. Unless I read decades old court cases. I guess we''ll do a re-entry permit.

Thanks for all your help.

All of our stuff in storage, cars, probably our dog left with family....

...his wife (me). I'll be with him but only on a student visa....

you probably mean things like real estate and a job to come back to?

It's possible his job could vouch for his position being open for him upon return.

A re-entry permit is not a bad idea, it helps to show that he intends the stay overseas to be temporary. He just has to be able to prove, if asked by an Immigrant Judge (if it comes to that), that he maintained the USA as his permanent home, and that his stay abroad was temporary in nature.

Rene

Wouldn't his spouse's (my) one year student visa show that his stay was temporary?

I don't even know what a re-entry permit is!

OKay, I just looked it up.

$380!! Yikes!!

We will be home in the US for a month at Christmas. So, we will be gone for only a few months at a time before coming back.

I really want to know....how do I prove I still have domicile in the US?

No, that shows YOUR stay is temporary.

It's a document which allows a PR to be outside the USA for up to 2 years. It does not guarantee that the PR will not lose his PR status, though. It's just one of many steps.

Rene

YOU don't have to prove you still have domicile in the USA. You are the USC, correct?

It's your husband that needs to prove (if asked) that he maintains the USA as his permanent residence, and that his stay abroad is temporary.

There's no one-answer-fits-all here. It will just depend on your own personal circumstances.

Rene

So you are going to the UK to study for 1 year, correct?

What will your PR husband be doing in the UK during that time?

Rene