Reentry Permit

[ShaQuaNew]

If our biometric appointment doesn't show up before next Monday, then my wife will return as planned on Wednesday. As it stands, her green card is solid and good, she just needs to return every six months or so to keep it valid. However, if we miss biometrics, then we have no plan for her to return to the US to get it. After that, if for some unforeseen reason my wife wishes to travel to the US again, then we may go the S1-B route Randy has shown.

 

It's just too expensive to travel back for a biometrics appointment that may happen at some unforeseen future date. Also, the Reentry permit form has a section requesting the date on which you plan to leave the US. We indicated the exact date. There may be a very slim chance that her appointment to show up this week. There is just no way of knowing for sure.

 

I don't plan on doing ANYTHING to maintain my wife's green card. Of course it's completely valid until our house closes (at which point we have no US residence), and maybe for up to a year after she left, but it's basically a losing battle at some point.

 

I expect, though, that it would be good for trips to Hong Kong up until the expiration date.

 

Randy, I don't think your house closing will affect your wife's green card status. We still have a US address, but it's not our home, it's a friend's home. This is the address that's listed on our US bank account and every other US related matter. My wife has had no problem getting back into the US so far.

[Guest Pommey]

 

But what are the realistic chances to get a B-2 vistor's visa? Seems to me the same issue with be in play as with trying to get a B-2 visa for your wife while waiting for the inital CR-1/IR-1 approval.

 

I did not know about the SB-1 returning resident visa. This seems a more likely option.

 

 

The B-2 would be for someone (in this case) with an abandoned green card - I'm guessing that may be a more favorable situation.

 

The SB-1 calls for an explanation of WHY you were unable to return within a reasonable period of time

Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:--

 

That they were lawful permanent residents when they departed the United States. -- That when they departed they intended to return to the United States and have maintained this intent: -- That they are returning from a temporary visit abroad and, if the stay as protracted, that it was caused by reasons beyond their control and for which they were not responsible; and -- That they are eligible for the immigrant visa in all other respects.

 

http://travel.state.gov/visa/immigrants/info/info_1333.html

 

If our biometric appointment doesn't show up before next Monday, then my wife will return as planned on Wednesday. As it stands, her green card is solid and good, she just needs to return every six months or so to keep it valid. However, if we miss biometrics, then we have no plan for her to return to the US to get it. After that, if for some unforeseen reason my wife wishes to travel to the US again, then we may go the S1-B route Randy has shown.

 

It's just too expensive to travel back for a biometrics appointment that may happen at some unforeseen future date. Also, the Reentry permit form has a section requesting the date on which you plan to leave the US. We indicated the exact date. There may be a very slim chance that her appointment to show up this week. There is just no way of knowing for sure.

 

Jesse, I feel your pain,I dont think they read what you write date wise on forms. I had the same problem with n-400, told them I would be out of country from this date to that date, what did they do...schedule the interview right in the middle of those dates

[Randy W]

 

Randy, I don't think your house closing will affect your wife's green card status. We still have a US address, but it's not our home, it's a friend's home. This is the address that's listed on our US bank account and every other US related matter. My wife has had no problem getting back into the US so far.

 

 

Exactly - but it's the point where the line begins to be drawn. I just don't want to concern myself with trying to maintain it. In the end, we lose that battle anyway, and don't really have a use for it in the meantime.

 

I would have no reason to go back myself except for an event in the family, or as a tourist.

[ShaQuaNew]

 

Jesse, I feel your pain,I dont think they read what you write date wise on forms. I had the same problem with n-400, told them I would be out of country from this date to that date, what did they do...schedule the interview right in the middle of those dates

 

 

Thanks Pommey,

 

The reason we gave this a shot like this was because of how the biometrics for her green card were scheduled. After we mailed the application and fee for the ten year green card, the biometrics appointment was scheduled in less than one month later. So, using that as a benchmark, we sent in the application for reentry a little under two-weeks before she departed for the US. The plan was for her to stay one-month, which is almost over now. If it happens, it happens. If it doesn't, well, I'm with Randy. There won't be any big loss other than about 400 USD for filing fees. Lesson learned.

[tsap seui]

Sometimes I am a complete idiot...this...sniff...sniff...this is one of those times. Please help me.

 

Randy, your and Jesse's wives have ten year green cards.

 

Please explain to me what the problem is for you guy's wives with this I-131 (reentry permit)? Why does a ten year card holder need it?

 

I am at a complete loss with this, looked up I-131 in the FAQ's but I can't connect the dots to you guys situation.

 

tsap seui

[Randy W]

Sometimes I am a complete idiot...this...sniff...sniff...this is one of those times. Please help me.

 

Randy, your and Jesse's wives have ten year green cards.

 

Please explain to me what the problem is for you guy's wives with this I-131 (reentry permit)? Why does a ten year card holder need it?

 

I am at a complete loss with this, looked up I-131 in the FAQ's but I can't connect the dots to you guys situation.

 

tsap seui

 

 

Wow man! Yo sher is NUMM!

 

Anything over 6months out of the country can be interpreted as ABANDONING your stupid green card and you won't be allowed back in the country! The re-entry permit will extend that for another year or so, but basically she's supposed to LIVE in the US.

 

Eventually, you have to GIVE UP and just abandon the thing for real. Then, to come back in, you get to start all over again and post on Candle and everything!

 

You can fly back and forth, and maintain a domedceiling or whatever, but somehow they just seem to catch up with you.

Edited January 11, 2010 by Randy W (see edit history)

[dnoblett]

Sometimes I am a complete idiot...this...sniff...sniff...this is one of those times. Please help me.

 

Randy, your and Jesse's wives have ten year green cards.

 

Please explain to me what the problem is for you guy's wives with this I-131 (reentry permit)? Why does a ten year card holder need it?

 

I am at a complete loss with this, looked up I-131 in the FAQ's but I can't connect the dots to you guys situation.

 

tsap seui

 

 

Wow man! Yo sher is NUMM!

 

Anything over 6months out of the country can be interpreted as ABANDONING your stupid green card and you won't be allowed back in the country! The re-entry permit will extend that for another year or so, but basically she's supposed to LIVE in the US.

 

Eventually, you have to GIVE UP and just abandon the thing for real. Then, to come back in, you get to start all over again and post on Candle and everything!

 

You can fly back and forth, and maintain a domedceiling or whatever, but somehow they just seem to catch up with you.

EXACTLY! Green-card is for LIVING permanently in the USA it is not some sort of "Permanent Visa" allowing visiting the USA, Green-card = LPR which means Lawful PERMANENT RESIDENT.

 

Maintaining Permanent Residence

 

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the ¡°INA¡± link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

 

 

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently
   
  
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
   
  
• Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
   
  
• Fail to file income tax returns while living outside of the United States for any period
   
  
• Declare yourself a ¡°nonimmigrant¡± on your tax returns
  

http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

 

Even having a re-entry permit may not protect the green-card.

 

Two options,

1. Remain in the USA long enough to naturalize and become a US Citizen, this will eliminate the Green-card US visa hassle but will change that to having to hassle with Visas for China, which is not as harsh as dealing with the USA.
   
2. Abandon green-card and apply for a new spousal immigrant visa if and when you decide to move to the USA PERMANENTLY.
   

[tsap seui]

Wow man! Yo sher is NUMM!

 

Anything over 6months out of the country can be interpreted as ABANDONING your stupid green card and you won't be allowed back in the country! The re-entry permit will extend that for another year or so, but basically she's supposed to LIVE in the US.

 

Eventually, you have to GIVE UP and just abandon the thing for real. Then, to come back in, you get to start all over again and post on Candle and everything!

 

You can fly back and forth, and maintain a domedceiling or whatever, but somehow they just seem to catch up with you.

 

OVER 6 MONTHS OUT OF THE GAL'DANG COUNTRY Now I gits it...I have seen the light...THANK GAWD ALMIGHTY ABOVE...I HAVE SEENS THE LIGHT.

 

And yes, graduatin' 123rd out of 125 graduatin' seniors, I can be VERY NUMM...but, I AM smart 'nuff to admit it.

 

I just didn't git what you two ol' boyz wuz tawkin' 'bout, so, I hadda axe you. Thanks fer gittin' me up to speed...I hope you don't have this problem when you have to start rereading the upper forums fer your next immigration visa. Remember to front load everything, and don't use a lawyer.

 

tsap seui

[david_dawei]

the re-entry permit will give you up to 2 years to enter again; but apparently they only will issue you 2 of these in a row. So as Randy says, it will catch up with you eventually no matter what you try.

 

One can voluntarily turn in the greencard at a consulates instead of just letting it appear like they are never returning. This might be a good idea to do one you realize your outside of the timeframe they would let her back in (I'd probably do it about 15-24 months after last time in US). Then if one ever goes through the process again, it's inherently explained why they abandoned the GC; seems one might get less questions and raised eyebrows.

[a2784]

the re-entry permit will give you up to 2 years to enter again; but apparently they only will issue you 2 of these in a row. So as Randy says, it will catch up with you eventually no matter what you try.

 

One can voluntarily turn in the greencard at a consulates instead of just letting it appear like they are never returning. This might be a good idea to do one you realize your outside of the timeframe they would let her back in (I'd probably do it about 15-24 months after last time in US). Then if one ever goes through the process again, it's inherently explained why they abandoned the GC; seems one might get less questions and raised eyebrows.

I konw this may be a dumb question but what is the reason that the US govt makes no real provisions for the USC who marries someone from another country and works in the country, sometimes even employed with a US company, but wants to be able to be able to freely brings his legal spouse back and forth to the USA.

[dnoblett]

the re-entry permit will give you up to 2 years to enter again; but apparently they only will issue you 2 of these in a row. So as Randy says, it will catch up with you eventually no matter what you try.

 

One can voluntarily turn in the greencard at a consulates instead of just letting it appear like they are never returning. This might be a good idea to do one you realize your outside of the timeframe they would let her back in (I'd probably do it about 15-24 months after last time in US). Then if one ever goes through the process again, it's inherently explained why they abandoned the GC; seems one might get less questions and raised eyebrows.

I konw this may be a dumb question but what is the reason that the US govt makes no real provisions for the USC who marries someone from another country and works in the country, sometimes even employed with a US company, but wants to be able to be able to freely brings his legal spouse back and forth to the USA.

Depends on what the US Citizen is doing out of country, some industries or jobs allow for applying to maintain LPR status, such as working for US Government.

 

But as randy pointed out can always apply for a visitor's visa, they are valid for 2 years, in this case showing the US Citizen spouse's employment status shows that immigrations intent does not exist, so should be able to get the visitor's visa without much issue. Then later when actually moving to the USA simply apply for Spousal Immigrant visa (DCF) one reason DCF is fairly quick is to not hinder moving to the USA after foreign assignment is over.

[a2784]

the re-entry permit will give you up to 2 years to enter again; but apparently they only will issue you 2 of these in a row. So as Randy says, it will catch up with you eventually no matter what you try.

 

One can voluntarily turn in the greencard at a consulates instead of just letting it appear like they are never returning. This might be a good idea to do one you realize your outside of the timeframe they would let her back in (I'd probably do it about 15-24 months after last time in US). Then if one ever goes through the process again, it's inherently explained why they abandoned the GC; seems one might get less questions and raised eyebrows.

I konw this may be a dumb question but what is the reason that the US govt makes no real provisions for the USC who marries someone from another country and works in the country, sometimes even employed with a US company, but wants to be able to be able to freely brings his legal spouse back and forth to the USA.

Depends on what the US Citizen is doing out of country, some industries or jobs allow for applying to maintain LPR status, such as working for US Government.

But as randy pointed out can always apply for a visitor's visa, they are valid for 2 years, in this case showing the US Citizen spouse's employment status shows that immigrations intent does not exist, so should be able to get the visitor's visa without much issue. Then later when actually moving to the USA simply apply for Spousal Immigrant visa (DCF) one reason DCF is fairly quick is to not hinder moving to the USA after foreign assignment is over.

Yes if you work for the govt you get this opportunity.

 

I tried this approach - at least the first part. Basically I was not told just no but hell no even though we had my employement contact, letter from my company, and other evidence showing we were married and planned to come back to the USA only after my contract/assignment was over. In theory what you wrote sounds good. Maybe if my spouse had been from another country it would have worked as described.

[dnoblett]

Depends on what the US Citizen is doing out of country, some industries or jobs allow for applying to maintain LPR status, such as working for US Government.

But as randy pointed out can always apply for a visitor's visa, they are valid for 2 years, in this case showing the US Citizen spouse's employment status shows that immigrations intent does not exist, so should be able to get the visitor's visa without much issue. Then later when actually moving to the USA simply apply for Spousal Immigrant visa (DCF) one reason DCF is fairly quick is to not hinder moving to the USA after foreign assignment is over.

Yes if you work for the govt you get this opportunity.

 

I tried this approach - at least the first part. Basically I was not told just no but hell no even though we had my employement contact, letter from my company, and other evidence showing we were married and planned to come back to the USA only after my contract/assignment was over. In theory what you wrote sounds good. Maybe if my spouse had been from another country it would have worked as described.

You may want to look at Kyle's case, they got Visitor's visa several times before applying for Immigrant visa.

 

I would suspect if person had LPR status before or had traveled out of China several times and returned, will weigh in favor of granting a visitor's visa.