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  • Marriage visa expiry?

    I'm an American living abroad, my husband is from EU. We are looking at staying half the year in US and half in EU. Is there some condition on expiry of a marriage green card, where it expires after a certain number of days outside the US? Thanks!

  • #2
    A green card holder needs to maintain residence in the US. Abandonment of residence is a subjective determination based on many factors, not just length of absence alone. You are not going to find any rule that says a certain number of days outside the US will definitely be considered abandonment of residence, or a certain number of days outside the US will definitely not be considered abandonment of residence.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Is there some need to declare a "permanent residence" or "main residence" in the US? Or it's completely arbitrary how they decide if you've given up your green card?

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      • #4
        Originally posted by needabeer View Post
        Is there some need to declare a "permanent residence" or "main residence" in the US? Or it's completely arbitrary how they decide if you've given up your green card?
        It is subjective. There is case law to guide how they make their determination. If you get a Re-entry Permit, that can be one piece of evidence to support that you didn't intend to relinquish residence, but it does not guarantee that you will not be found to have abandoned residence.

        This is my personal opinion and is not to be construed as legal advice.

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