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selvamrajaa

Permanent Resident - Staying abroad for less than 6 months and port of entry issue

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Me and my wife are permanent residents. We received our Green cards end of 2013. Since 2014, every year my wife stays in India for few months (Close to 4 months). This time she was planning to stay for 6 months 22 days due to her brothers marriage. After 5 months when she was in India, We came to know about the 6 month rule through our friend and immediately she came back to US. 

When she came back to US this time in the CBP officer mentioned that she shouldn't stay longer and mentioned "5 months" in the until section of the stamping.

Her brothers marriage is scheduled in end of November. We are planning for a short trip for 20 days. I am not sure if she can travel. If we add up the "Initial visit" and the "Upcoming new planned visit" then it is coming around 173 days this year.

Since she is travelling every year, we are so confused if she can travel now for 20 days or we will just drop the plan. Her travel history so far

2014 - 3 Months (Feb/March/April).  

2014/2015 - 3 and Half months (Half of Nov/Dec/Jan/Feb)

2016 - 4 Months (Mar/Apr/May/June)

2017 - 5 Months (June/July/Aug/Sep/Oct)

 

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The 6 months rule is not about the calendar year. It is per trip abroad.

Also, what is important is that an LPR has to live in the US. With the regular long trips abroad, it looks as if your wife is really living abroad. The US is her home. That's what the Greencard indicates.

 

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