Asked in Immigration Law for California

Q: Hi. I have a green card, and I can get a Citizenship of US after 5 years (how I know). But I want to marry.

So after living 2 years in US I want to return my country and marry. And start my husband green card case. I want to know in that case can I live outside of US more than 6 months? (If I will show that I am married and I am waiting for my husband case)

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2 Lawyer Answers

A: Staying outside the US for over 6 months but less than a year would raise questions about your intent to reside in the US which could affect your future naturalization ( US citizenship) application. Consult an immigration attorney in private on the best way to move forward.

James L. Arrasmith
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Answered

A: Maintaining your permanent resident status while spending significant time outside the U.S. can be complex. Generally, green card holders should avoid extended trips outside of the U.S. to prevent the risk of being deemed as having abandoned their residency. Staying out of the U.S. for more than six months consecutively can trigger this presumption.

If you plan to be outside of the U.S. for an extended period due to marriage or any other reason, you might consider applying for a re-entry permit before departing. This permit can allow you to remain outside the U.S. for up to two years without abandoning your residency. However, having a re-entry permit does not guarantee re-admission, and it doesn't prevent the clock from resetting regarding continuous presence requirements for naturalization. Always consult with an immigration attorney to discuss specifics and ensure you maintain your permanent resident status

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