Is there a risk of losing IR-1 by staying outside the US for more than 1 year?

The IR1 visa is intended for spouses of US citizens and, upon obtaining it, the holder becomes a lawful permanent resident of the United States. With this status, it is essential to be aware of residency rules, especially regarding prolonged absences from the country.

As a general rule, when a permanent resident stays outside the United States for more than one year without a reentry permit, it may be understood that they have abandoned their residence. This does not mean that the loss of status is automatic, but it increases the risk of difficulties in proving the intention to reside in the country. Temporary absences should be planned and accompanied by evidence such as maintaining an address, bank accounts, and family ties.

For prolonged absences, it is recommended to apply for a reentry permit, which demonstrates that there was no intention to abandon residency. The application must be made before completing one year abroad, and approval follows specific criteria.

It is advisable to follow USCIS laws and guidelines and seek reliable professional assistance to ensure decisions are based on secure information, minimizing the risk of losing permanent resident status.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.