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bamoh · Jan 23, 2009, 12:34 AM

How long can A GREEN CARD HOLDER be outside the US without jeopardizing the status back in the US?

lawanwadee · Jan 23, 2009, 01:07 AM

I would recommend not staying outside US longer than 6 months or 12 months if you have solid evidence such as medical references, etc.. If you are uncertain about timing, it's always safe to file Re-Entry Permit (I-131) and obtain approval before you go.

bamoh · Jan 23, 2009, 01:52 AM

Does one have to be summoned to a an I -751 interview? I understand in some cases the interview is not necessary.The USCIS just sends you the permanent doc based on the evidence adduced.How much water does this hold?

bamoh · Jan 23, 2009, 01:58 AM

Just another question lawanwadee... is it 6 months or 12?. you can stay up to 12 based on ill health?. are there any more compelling factors to justify a 12 month back to back stay?

lawanwadee · Jan 23, 2009, 12:56 PM

Originally Posted by bamoh

just another question lawanwadee....is it 6 months or 12 ?...you can stay up to 12 based on ill health?..are there any more compelling factors to justify a 12 month back to back stay?.

If you are going to stay longer than 6 months, you must have supported evidence... If not about illness, I would recommend filing a re-entry permit. Don't take the risk... not worth it.

lawanwadee · Jan 23, 2009, 12:59 PM

Originally Posted by bamoh

Does one have to be summoned to a an i -751 interview?.i understand in some cases the interview is not necessary.The USCIS just sends you the permanent doc based on the evidence adduced.How much water does this hold?

Some do have interviews, some don't.. depends on supported evidence, if immigration finds it convincing, then you will receive card in the mail.

bamoh · Jan 27, 2009, 11:21 PM

... How long does it take for the benefits center to communicate after the initial marriage based interview has taken place?. Granted it could go either way,(read a second interview rescheduling, more evidence to show it is a bona fide union,and or a favorable decision) is there a time frame here?.

bamoh · Jan 27, 2009, 11:30 PM

... can a conditional resident still travel awaiting the decision on the I-751?-case scaenario: say its 90 days before the 2nd anniversary,the service (God forbid takes forever)and the 2 year time window elapses thus eclipising the importance of the conditional resident card at hand! Can one still travel outside of that time if there is no communication at this juncture on the part of the benefits center?. please advice

bamoh · Jan 27, 2009, 11:36 PM

... Say some marriage was entered in good faith,and the " road gets bumpy" before its time to lift the conditions and a divorce is reached unfortunately, can a conditional green card holder still proceed upon realising the stipulated time window to have those conditions lifted?. and if yes what are the modalities?

bamoh · Jan 27, 2009, 11:59 PM

.. when the service states no more than 6 months (unless of course with a re-entry visa)does that mean the exact date of departure and date of entry?. case in point: if I leave the country jan 1 2010 when is my exact 6 month cap?-(this is a little technical).. do I count 6 exact months or days of the year?. bear in mind some months are longer than others as we all know.. please offer your counsel... can you exceed this 6 month thing by a few days based on the above technicalilty?. is that a case one can urgue at the point of entry?. say they refuse you entry for exceeding a "few days" outside of the "6 months?"

lawanwadee · Jan 28, 2009, 02:41 PM

Originally Posted by bamoh

.....Say some marriage was entered in good faith,and the " road gets bumpy" before its time to lift the conditions and a divorce is reached unfortunately,,can a conditional green card holder still proceed upon realising the stipulated time window to have those conditions lifted?..and if yes what are the modalities?

If divorce is not finalized by the end of 2 years term, you must file a waiver and I-751 90 days before the card expires. If divorce is final and you already live separately, you can file a waiver and I-751 immediately. In both cases, it's recommended to consult experienced immigration attorney. The only ground of cases like this is to prove extreme hardship on your side which is not easy.

lawanwadee · Jan 28, 2009, 02:49 PM

Originally Posted by bamoh

...How long does it take for the benefits center to communicate after the initial marriage based interview has taken place?..Granted it could go either way,(read a second interview rescheduling, more evidence to show it is a bona fide union,and or a favorable decision) is there a time frame here?..

Normally you will know the result right after the interview. If you're told that you will be notified by mail, it means there is a red flag on your case.

lawanwadee · Jan 28, 2009, 02:50 PM

Do not travel during I-751 processing ever! If your case is denied, you won't be allowed to enter US.

lawanwadee · Jan 28, 2009, 02:53 PM

Read I-131 instructions... you should not travel until I-751 is approved.

bamoh · Jan 28, 2009, 11:44 PM

... can a freshly approved conditional green card holder travel immediately upon receiving the card, or should wait until the 1-751 falls through?. and is the 6 month rule in force here as well?

lawanwadee · Jan 29, 2009, 12:30 AM

If you just received your green card, you can travel... the rules apply to all green card holders.. 2 years & 10 years.

bamoh · Jan 29, 2009, 01:02 AM

... say without the 1-131 rentry paperwork,does the 6months rule mean 180 days from the day of departure or the physical whole 6 continuous months whether short or long?

lawanwadee · Jan 29, 2009, 09:48 AM

As a rule, green card holders are supposed to live in US more than 50% of the time. The "six months" term is not necessary one long term.

From your other questions, what you should do in this situation:
@ You may take short trip 1-2 months each without applying for a re-entry permit.
@ You must be in US more than 50% of the time.
@ You should not travel during I-751 being processed.

bamoh · Jan 31, 2009, 10:44 PM

Lawan!. firstly thanks for the immense services you render us!. very resourceful am compelled to say!. When you mentioned the 3 year duration to become a US citizen as a LPR by way of marrying a US citizen,is that after the conditions have been lifted or is it from when you secure your first conditional green card?

bamoh · Jan 31, 2009, 10:58 PM

... How long does the service take to mail a conditional green card once an I -130 approval notice (partaining to a marriage based case)has been sent?, is there a time window?