How Long Can Us Conditional Resident Remain Outside The Us?

[Gumballl]

My wife will be traveling to LOS for an extended period of time. She has Conditional Resident (CR) status here in the US. How long can she remain in Thailand (on vacation) before she compromises her CR status?

P.S. My wife is Thai.

Edited January 23, 2008 by Gumballl

[SoCal]

Believe they cannot be out of the country for more than a year, but the catch is that it is subjective and left to the judgement of immigration when she re-enters as to whether she has abandoned her residency.

Could be wrong, but believe that was the case last time I researched it.

Also, you can go to ucis.gov

[pumpuiman]

From USCIS website.

Can I Travel Outside the United States?

If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS and you may not be permitted to return to the United States. For more information, please see How Do I Get a Travel Document?.

My wife and I decided to hold off on going to Thailand until she had completed her adjustment of status to Permanent Resident.

I was told by an immigration official that even after applying for (and being granted) advance parole, they can still deny entry.

I was not going through the whole process again....we worked too hard.

Call the USCIS help line.....1-800-375-5283

Good Luck,

Eric

[Gumballl]

SoCal, thanks for your response. I think you are correct. I could not find any information very easily at the USCIS website, but with 20 minutes of googling, I found a reference that confirms your estimate for the time period.

[Gumballl]

My wife and I decided to hold off on going to Thailand until she had completed her adjustment of status to Permanent Resident.

I was told by an immigration official that even after applying for (and being granted) advance parole, they can still deny entry.

I was not going through the whole process again....we worked too hard.

Call the USCIS help line.....1-800-375-5283

Good Luck,

Eric

My wife is still about 13 months aways from being eligible to apply for PR. We are going to LOS for 3 weeks, however she may decide to remain a little longer. I don't blame her. The weather in Seattle is horrid.

[pumpuiman]

I strongly suggest speaking with immigration.

And you MUST apply for "Advance Parole"....or the whole thing is out the window and back to square one.

Application for Travel Document

Purpose of Form :

To apply for a travel document, reentry permit, refugee travel document or advance parole.

Number of Pages :

Instructions: 8; Form: 3.

Edition Date :

11/16/07. Previous editions accepted. NOTE: Vietnamese translation is available for reference purposes; the form must be completed and filed in English.

Where to File :

Please see the Special Instructions section of the document.

Filing Fee :

$305

Special Instructions :

Please review the Chart listed in "Related Links," in the upper right corner of this page, or review the Form I-131 Instructions which are linked at the bottom of this page, for where to file your Form I-131.

Filing Period for Renewal of an Advance Parole Document:

If you are applying for renewal of your advance parole document (I-512L or I-512), USCIS will accept and adjudicate Form I-131 filed up to 120 days before the date your current Advance Parole document expires.

This page can be found at http://www.uscis.gov/i-131

* Download Instructions for completing Form I-131 (86KB PDF)

* Download I-131 (560KB PDF)

* Download Vietnamese Instructions for Completing the I-131 (162KB PDF)

Edited January 23, 2008 by pumpuiman

[pumpuiman]

Instructions for Electronically Filing Form I-131

USCIS reminds the public that all filings submitted on or after July 30, 2007 via the electronic filing system must be submitted with payment of the new fees.

Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.

Please review this page before attempting to complete and file your form electronically. Note that this information may pertain only to forms filed electronically and may not apply to paper-based filings. Failure to follow these instructions may result in your application or petition being delayed or denied.

You will need Adobe Reader to view or print these forms in Portable Document Format (PDF).

Form

I-131, Application for Travel Document

If e-Filing is not the best option for you, please see the "Paper-based Form I-131," located in the upper right corner of this page under "Related Links" for more information.

Purpose of Form

This form is used to apply for the following travel documents:

*

Reentry Permit

*

Refugee Travel Document

*

Advance Parole Document

Who is Not Eligible to e-File This Form:

You are not eligible to electronically file this form if:

*

You live outside of the United States, Guam, Puerto Rico, or the U.S. Virgin Islands.

*

You are applying for a waiver of the filing fee.

*

You are requesting that your case be expedited.

*

You are inside the United States and are filing for Humanitarian reasons.

Who is Eligible to e-File This Form:

You are eligible to electronically file this form for the purpose shown if:

Reentry Permit

*

If you are in the United States as a permanent resident or conditional permanent resident

Refugee Travel Document

*

If you are in the United States in valid refugee or asylee status, or if you are a permanent resident as a direct result of your refugee or asylee status in the United States.

Advance Parole Document

*

If you are in the United States and seek advance parole on the basis of:

o

Pending I-485, Application to Register Permanent Residence or Adjust Status

o

Temporary Protected Status

Filing Fee

Please refer to the Immigration Forms page for the current filing fee.

Initial Evidence and Supporting Documentation Required

See the Instructions for the paper-based Form I-131.

Also see the general instructions for Submitting Supporting Documentation for an e-Filed application and/or petition. You may access those instructions from the Related Links section to the right of this page.

Concurrent E-Filing

E-Filed I-131 applications can only be concurrently e-Filed with the following applications under the following conditions:

*

Additional I-131 applications only for family members

*

I-765 applications only if the I-131 beneficiary can file an I-765 under the ©(9) Eligibility Classification (i.e., the beneficiary has a pending I-485, Application to Register Permanent Residence or Adjust Status, currently at an USCIS office)

o

Please note: If you wish to concurrently E-File an I-131 with an I-765, you must fill out the I-765 first.

Please see e-Filing Forms Concurrently for more information.

Helpful Hint

DO NOT E-FILE if you are requesting that your I-131 application be expedited or if you require emergency travel authorization. See the paper Form I-131.

The application can be electronically filed.

[pumpuiman]

Q : What if I need advance parole?

USCIS is up-to-date withreceipting Form I-131 applications. If special circumstances exist and advance parole is needed quickly, please make an InfoPass appointment to visit a local USCIS office or call the National Customer Service Center at 1-800-375-5283. If an expedite request for an advance parole travel document is necessary, be prepared to provide: the need for urgent travel, the date the application was received at the Service Center where you filed, and the U.S. Postal Service tracking number, if you have one, associated with the original application file.

If you need to expedite......it is not granted too easily.....here are the reasons allowed..vacation is not listed.

USCIS Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

* Severe financial loss to company or individual

* Extreme emergent situation

* Humanitarian situation

* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

* USCIS error

* Compelling interest of USCIS

If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.

Edited January 23, 2008 by pumpuiman

[pumpuiman]

The California Service Center is currently processing I-131 applications for advance parole.....From September 2007

link to USCIS

[Gumballl]

I just found out from the USCIS (and from reading the instructions on the I-131 form), that my spouse, who possesses a Thai passport and a US-issued "green card", does not need to complete the I-131. In other words, she is free to travel (to Thailand) for up to one year.

Edited January 23, 2008 by Gumballl

[pumpuiman]

I just found out from the USCIS (and from reading the instructions on the I-131 form), that my spouse, who possesses a Thai passport and a US-issued "green card", does not need to complete the I-131. In other words, she is free to travel (to Thailand) for up to one year.

So she is not a "Conditional Resident"?

Is she a "Permanent Resident"?...Has she completed the adjustment of status?

Her "Green Card" has not had the conditions removed.....this is the deciding factor here....she will receive a new Green Card after removal of conditions (which you state is 13 months away)

I went through this....she must have all conditions removed before becoming a permanent resident....and MUST apply for advance parole before being leaving the U.S.

I don't mean to rain on your parade here, but you stated originally that she was a conditional, not a permanent resident.

Please call USCIS for clarification......I'd hate to see you have to start from scratch.

It is a crazy, convoluted, frustrating system......I know....We wanted to travel to Thailand for vacation as well....but could not, unless we lied about some dire emergency(and provide proof) to get advance parole quickly.....and the wait time for non expedited applications was too long, and was no guarantee she would be re-admitted to the U.S.

[pumpuiman]

I've just read the form....you may be right. Perhaps things have changed ....it's been a few years.(or I was given bogus information by the USCIS agent )

I would still call to be sure.

Edited January 23, 2008 by pumpuiman

[AJARNJACK]

I read with interest all the comments about this thread, since I'm in the same 'boat'. My Thai wife arrived moved back to my home in the USA this last October immediately after being granted a K-3 Spouse visa. The end of November we went to the Social Security office so she could apply for a number so that she could start looking for work. They informed us that she needed an Authorization for Work before they could issue her one.

After viewing the USCIS webpage I saw that she could apply for that document at the same time as Adjustment of Status to Permanent Resident and it didn't cost extra if you did them together. One of the forms asked for was an Affidavit of Support and since I just filed one with the Dept. of Homeland Security 6 months earlier I sent a letter stating that I wasn't given back that form, but I included a copy of the Cashier's Check I'd sent them for that form to be filed as proof. They didn't seem to care, as I got back a 'pink letter' stating that her application was temporarily suspended until they got the Affidavit of Support.

I'd sure appreciate anyone who could give me a phone number to call and contact a live person at USCIS who I could actually ask a question to. Calling and being given a list of self help info sometimes isn't enough.

Many thanks for any phone contact info this forum could offer.

[Cisco]

Future reference:

Permanent Residents are not permitted to stay out of country more than one year. If an absence of more than one year is foreseen, a PR must notify UCIS.

[TypicalAnonym]

Some of the confusion here is due to the OP's use of terminology.

There's no such status as "Conditional Resident". What he's referring to is "Conditional Permanent Resident" status, which is what happens when a green card is issued prior to 2 years of marriage. Such status is identical in its privileges and responsibilities to "Permanent Resident" status *except* that it must be reviewed after 2 years for conversion to "Permanent Resident" status. (The idea is that when a green card is issued based on a short-term marriage, some oversight is retained to help ensure that the marriage is not fraudulent.)

To address the original question, I would be extremely leery of remaining outside the US for any period of time exceeding a couple of months, because re-entry is totally at the discretion of the examining officer at the border point. A year seems like asking for trouble even if it's 'technically' kosher.

On the other hand, I would think nothing of heading out for a month-long vacation.

[solodennis]

My Chinese-Flipina wife was issued her conditional green card for two years as we had been married for less than two years. We left for Asia including Thailand, Laos, Cambodia and Philippines. Our Immigration contact said we must be back in the US before the end of six month or she would be starting from scatch. If you have a ten year residency then you can remain outside the US for up to one year.

[cougar52]

I agree, about the advise about staying out of the country for extended periods. My wife (divorced now), went back to Thailand in 2001 and stayed for 10 months, when she arrived in Min/St. Paul (NWA) she was denied entry. I was at home in Atlanta and received a phone call from the Immigration in Min/St. Paul and he asked a lot of questions about the reason she was out of the U.S. and why I was not with her, etc. I tried to be very polite but I know I sounded agitated on the phone. I told him that I had gone to INS in Atlanta prior to her trip and was told that she could leave the country for up to one year. I then told him it has only been 10 months, and gave him the name of the officer in the Atlanta INS office. He allowed her to continue to Atlanta, but it was very frustrating. So I do suggest you do your homework and get documented answers and it is very helpful to have a name to throw around to the Officer at the entry point.

[SNGLIFE]

I agree, about the advise about staying out of the country for extended periods. My wife (divorced now), went back to Thailand in 2001 and stayed for 10 months, when she arrived in Min/St. Paul (NWA) she was denied entry. I was at home in Atlanta and received a phone call from the Immigration in Min/St. Paul and he asked a lot of questions about the reason she was out of the U.S. and why I was not with her, etc. I tried to be very polite but I know I sounded agitated on the phone. I told him that I had gone to INS in Atlanta prior to her trip and was told that she could leave the country for up to one year. I then told him it has only been 10 months, and gave him the name of the officer in the Atlanta INS office. He allowed her to continue to Atlanta, but it was very frustrating. So I do suggest you do your homework and get documented answers and it is very helpful to have a name to throw around to the Officer at the entry point.

Though frustrating, I actually like the fact that immigration would stop her after 10 months abroad without me. Think about it (purely an extreme hypothetical): If she had dumped you then went home to her Thai husband with your loot (or her earnings), it is good to know INS would not let her back into the US.

The Mrs. and I will be returning later this year, also. She has her permanent resident status now, but I will be triple-checking requirements before I buy the tickets back.

[pumpuiman]

I read with interest all the comments about this thread, since I'm in the same 'boat'. My Thai wife arrived moved back to my home in the USA this last October immediately after being granted a K-3 Spouse visa. The end of November we went to the Social Security office so she could apply for a number so that she could start looking for work. They informed us that she needed an Authorization for Work before they could issue her one.

After viewing the USCIS webpage I saw that she could apply for that document at the same time as Adjustment of Status to Permanent Resident and it didn't cost extra if you did them together. One of the forms asked for was an Affidavit of Support and since I just filed one with the Dept. of Homeland Security 6 months earlier I sent a letter stating that I wasn't given back that form, but I included a copy of the Cashier's Check I'd sent them for that form to be filed as proof. They didn't seem to care, as I got back a 'pink letter' stating that her application was temporarily suspended until they got the Affidavit of Support.

I'd sure appreciate anyone who could give me a phone number to call and contact a live person at USCIS who I could actually ask a question to. Calling and being given a list of self help info sometimes isn't enough.

Many thanks for any phone contact info this forum could offer.

US Citizenship & Immigration 800-375-5283 Select language; press 2; press 4; at prompt press 0.

[manijohn]

I read with interest all the comments about this thread, since I'm in the same 'boat'. My Thai wife arrived moved back to my home in the USA this last October immediately after being granted a K-3 Spouse visa. The end of November we went to the Social Security office so she could apply for a number so that she could start looking for work. They informed us that she needed an Authorization for Work before they could issue her one.

After viewing the USCIS webpage I saw that she could apply for that document at the same time as Adjustment of Status to Permanent Resident and it didn't cost extra if you did them together. One of the forms asked for was an Affidavit of Support and since I just filed one with the Dept. of Homeland Security 6 months earlier I sent a letter stating that I wasn't given back that form, but I included a copy of the Cashier's Check I'd sent them for that form to be filed as proof. They didn't seem to care, as I got back a 'pink letter' stating that her application was temporarily suspended until they got the Affidavit of Support.

I'd sure appreciate anyone who could give me a phone number to call and contact a live person at USCIS who I could actually ask a question to. Calling and being given a list of self help info sometimes isn't enough.

Many thanks for any phone contact info this forum could offer.

US Citizenship & Immigration 800-375-5283 Select language; press 2; press 4; at prompt press 0.

Please keep in mind when you talk to the Customer Service Agent that they are not sworn USCIS officers. When ever I questioned one of the CSR who answered the phone at the USCIS help line and I got a answer like "I think" or "I believe" I would always ask to speak to their supervisor who were at that time a real bonifide USCIS officer to get hopefully the real answer. Always keep copies of anything you send off and a phone log of who and when you spoke to someone. I also found wait times were less if you called when the doors opened. Have fun, I didn't.

[jstumbo]

My wife is still about 13 months aways from being eligible to apply for PR. We are going to LOS for 3 weeks, however she may decide to remain a little longer. I don't blame her. The weather in Seattle is horrid.

I may be moving back to Seattle after being over in Asia for the last 4+ years. It is going to be a bit of a shock to the system.

3+ weeks will not be a problem with immigration.

[jstumbo]

I read with interest all the comments about this thread, since I'm in the same 'boat'. My Thai wife arrived moved back to my home in the USA this last October immediately after being granted a K-3 Spouse visa. The end of November we went to the Social Security office so she could apply for a number so that she could start looking for work. They informed us that she needed an Authorization for Work before they could issue her one.

After viewing the USCIS webpage I saw that she could apply for that document at the same time as Adjustment of Status to Permanent Resident and it didn't cost extra if you did them together. One of the forms asked for was an Affidavit of Support and since I just filed one with the Dept. of Homeland Security 6 months earlier I sent a letter stating that I wasn't given back that form, but I included a copy of the Cashier's Check I'd sent them for that form to be filed as proof. They didn't seem to care, as I got back a 'pink letter' stating that her application was temporarily suspended until they got the Affidavit of Support.

I'd sure appreciate anyone who could give me a phone number to call and contact a live person at USCIS who I could actually ask a question to. Calling and being given a list of self help info sometimes isn't enough.

Many thanks for any phone contact info this forum could offer.

Went through this 7 years ago for my wife. You need to file another one. One for the K1/K3 visa and another one when you file for trhe Adjustment of Status.

[jstumbo]

Though frustrating, I actually like the fact that immigration would stop her after 10 months abroad without me. Think about it (purely an extreme hypothetical): If she had dumped you then went home to her Thai husband with your loot (or her earnings), it is good to know INS would not let her back into the US.

Her greencard has nothing to do with you. I know people that have greencards and are not married. Sure she might have gotten it because she married you, but after the conditional perm resident period it is all on her and she should not have to have you with her to use it.

My wife who has a greencard and myself have been living in Asia for the last 4+ years. Going back to the US usually once or twice a year. One time we got stopped after almost a year and had to have a secondary interview. I explained that immigration says that she cannot be out longer than one year and it was not longer than one year. The border patrol guy said that it did not matter what immigration said because they just gave you the greencard, border patrol was the one who would take them away. That you could not use the card like a visa, it was only for people living in the US. In the end they let us enter, since I am working on business over in asia right now for my US company and she is accompanying me. I am not sure that she would have been allowed to re-enter if I had not been there with her. Not because I was her husband and he worried if she took all my money, but that it showed that I was on business and that we we still had a home in the US, and were just temporarily living in Asia for a little while. Actually, never say that you are "living" in Asia. They picked up on that and tried to use it against us because the greencard is for people "living" in the US.

[thaihome]

Though frustrating, I actually like the fact that immigration would stop her after 10 months abroad without me. Think about it (purely an extreme hypothetical): If she had dumped you then went home to her Thai husband with your loot (or her earnings), it is good to know INS would not let her back into the US.

Her greencard has nothing to do with you. I know people that have greencards and are not married. Sure she might have gotten it because she married you, but after the conditional perm resident period it is all on her and she should not have to have you with her to use it.

My wife who has a greencard and myself have been living in Asia for the last 4+ years. Going back to the US usually once or twice a year. One time we got stopped after almost a year and had to have a secondary interview. I explained that immigration says that she cannot be out longer than one year and it was not longer than one year. The border patrol guy said that it did not matter what immigration said because they just gave you the greencard, border patrol was the one who would take them away. That you could not use the card like a visa, it was only for people living in the US. In the end they let us enter, since I am working on business over in asia right now for my US company and she is accompanying me. I am not sure that she would have been allowed to re-enter if I had not been there with her. Not because I was her husband and he worried if she took all my money, but that it showed that I was on business and that we we still had a home in the US, and were just temporarily living in Asia for a little while. Actually, never say that you are "living" in Asia. They picked up on that and tried to use it against us because the greencard is for people "living" in the US.

She should apply for a re-entry permit based on you being assigned overseas for a US company. This will allow her to stay out of the country and maintain her PR status. She also may be eligible to have the residency requirement for citizenship to waived. Suggest you consult an immigration attorney to have her rights fully explained.

TH

Edited February 5, 2008 by thaihome

[gunnyd]

From USCIS

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

International Travel

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

If she is planning on becoming a Naturalized Citizen then keep this in mind:

From: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

* has been lawfully admitted for permanent residence (see preceding section);

* has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

* has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

has resided within a state or district for at least three months.

Cheers

GunnyD

[jstumbo]

She should apply for a re-entry permit based on you being assigned overseas for a US company. This will allow her to stay out of the country and maintain her PR status. She also may be eligible to have the residency requirement for citizenship to waived. Suggest you consult an immigration attorney to have her rights fully explained.

TH

It should not be a problem. Only had a problem one time and when I explained it, they let us through.

I am aware of the waiving of the residency requirement due to me working for a US company in the area of trade. Thanks though. Right now it is not really needed because she wants to maintain her Chinese citizenship, and they do not recognize dual citizenship. So if she got her US citizenship, she would lose the Chinese one. Up to her what she wants to do.

[jstumbo]

* has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

* has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

has resided within a state or district for at least three months.

And if the person that has the greencard is married to a US citizen, the time is shortened to 3 years from 5 years. Not sure how it affects the part about physical presence, if it is 30 months out of 3 years?

Edited February 11, 2008 by jstumbo