I married my husband in the United States about a year and a half ago and he has had his permanent resident card for about 8 months. I would like to move to Brazil with him but am worried we would have to start with the papers all over again if we were to enter the U.S. again.

Question

I married my husband in the United States about a year and a half ago and he has had his permanent resident card for about 8 months. I would like to move to Brazil with him but am worried we would have to start with the papers all over again if we were to enter the U.S. again. We got married with your help. Would you be able to assist us once more and provide us with information on this matter? Thanks.

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Answer

Samantha, Hello. It is nice to hear from you. Thank you for asking about your husband’s status. Generally, he must maintain primary residence in the U.S. in order to maintain his green card. Normally, when a couple moves overseas the foreigner will try to first obtain U.S. citizenship if possible. Once he has it he will not lose it, regardless of whether he resides abroad.

If he resides abroad with only a green card, then eventually an immigration border agent can take away his green card at some point. This typically does not happen for a number of years. The longer you are gone, the more it appears that the U.S. is not his primary home. A border agent can ask questions and then decide to confiscate the green card.

To Obtain US Citizenship, He Must

1. Be a lawful permanent green card holder for at least three years
2. During that time he must maintain primary residence in the U.S.
3. Any travel outside the U.S. during the three years immediately applying for U.S. citizenship must have been for less than 6 months at a time
4. He must have good moral character, learn about U.S. history, and so forth

If you simply want to move abroad without first obtaining U.S. citizenship, he can try to keep his green card as long as possible. If he is outside the U.S. on any given trip for more than one year, his green card will be considered abandoned unless he applies for a reentry permit from the USCIS prior to travel. He must also maintain residence in the U.S., such as an apartment, bank account, car, etc. Do the best you can do.

If the green card is abandoned or confiscated, it is possible to apply again from scratch for a spousal visa when you are both ready to return to the U.S. I hope this information helps. Let me know if you need more.

Kind regards,
Allan

You are welcome to contact me if you like to discuss further.