How long can my husband stay out of the US with his CR1 visa? - Immigration Law Questions and Answers- LawQA.com

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How long can my husband stay out of the US with his CR1 visa?

I am a USA citizen. My husband got CR1 visa. He was here for 2 week only. Now he went back to his country. He does not want to come back after he got his CR1 green card. Not sure what to do now? How long he can stay outside of USA? Any one can suggest me please? Should I wait for him? He might change his mind because he already has his greencard.

Answer By Floyd Fernandez
Pacifica Legal Services
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A CR-1 allows one to stay for no more than six months total during the 2-year conditional residency period. And no visit can exceed 90 days in length. For your husband to have decided to refuse to return to America after obtaining his CR-1 indicates that he may have been less than genuine in his motives in marrying you. I would have to know more, but it does not look good.

Answer Applies to: California
Replied: 1/5/2011

Answer By Marie Michaud
Marie Michaud Attorney At Law
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Always best for green card holder to NEVER stay more than 6 months abroad and spend at least 50% of time in the US...However, it seems you need to address a problem other than immigration...

Answer Applies to: California
Replied: 12/13/2010

Answer By Linda Liang
Law Office of Immigration & International Trade Law
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The CR1 green card is a temporary green card for 2 years. If he does not stay in US for 6 months out of a year, he will be seen as having abandoned the green card.

Answer Applies to: Florida
Replied: 12/13/2010

441 Legal Group, Inc.
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He can stay out for 11 months 29 days before USCIS can deem that he had abandoned his residency.

However, he should be reminded that his residency is conditional and that you both need to file to have it removed. Therefore if he is not around he reduces his chances of getting his conditional status removed.

Answer Applies to: Florida
Replied: 12/13/2010

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