What do you tell immigration if a GC holder has been out of the country a lot?

[thamilto 0]

My wife is a conditional resident about to apply for change of status. Problem is we haven't really moved to the US yet. In the last two years we've been looking for a house and jobs, while we tie up loose ends in our previous country of residence. We have only been to the US three times during the last two years, and each visit was under a month, but we’ve never gone over the one year limit. Immigration isn't going to like us coming back again with a return ticket. Most likely they are going to want an explanation. What is a valid reason for being abroad? So far I've thought of a couple things I could say and show evidence for:

a) My wife is studying abroad

b ) I've been conducting PhD research out of the country

c) My wife's mother has been very ill

Which one do you think is the best, or should I say something else?

Please help! Our two year old daughter and I are both US citizens and I don't want my wife to be exiled, because I can't live in her country on a visa forever...I just don't see how the US government could separate a mother or father from their young child.

Edited March 23, 2009 by thamilto

[johndecka 0]

My wife is a conditional resident about to apply for change of status. Problem is we haven't really moved to the US yet. In the last two years we've been looking for a house and jobs, while we tie up loose ends in our previous country of residence. We have only been to the US three times during the last two years, and each visit was under a month, but we’ve never gone over the one year limit. Immigration isn't going to like us coming back again with a return ticket. Most likely they are going to want an explanation. What is a valid reason for being abroad? So far I've thought of a couple things I could say and show evidence for:

a) My wife is studying abroad

b ) I've been conducting PhD research out of the country

c) My wife's mother has been very ill

Which one do you think is the best, or should I say something else?

Please help! Our two year old daughter and I are both US citizens and I don't want my wife to be exiled, because I can't live in her country on a visa forever...I just don't see how the US government could separate a mother or father from their young child.

You should say all three, if they ask.

But the Bigger Headaches will be when u filing I-751 for ur wife.

[Kez/JWolf 6]

My wife is a conditional resident about to apply for change of status. Problem is we haven't really moved to the US yet. In the last two years we've been looking for a house and jobs, while we tie up loose ends in our previous country of residence. We have only been to the US three times during the last two years, and each visit was under a month, but we've never gone over the one year limit. Immigration isn't going to like us coming back again with a return ticket. Most likely they are going to want an explanation. What is a valid reason for being abroad? So far I've thought of a couple things I could say and show evidence for:

a) My wife is studying abroad

b ) I've been conducting PhD research out of the country

c) My wife's mother has been very ill

Which one do you think is the best, or should I say something else?

Please help! Our two year old daughter and I are both US citizens and I don't want my wife to be exiled, because I can't live in her country on a visa forever...I just don't see how the US government could separate a mother or father from their young child.

You tell them the truth...

A greencard is so your wife can live and work in the US it is not meant to be used as a entry visa to get her in the US for a visit. You are going to have major issues when it comes time to remove conditions on her greencard, as you are going to have to send proof that you are both living and working in the US and have evidence such as utitlity bills and joint health insurance, joint bank accounts, lease or mortgage documents.

By your own admition you are no resident in the US, your wife is abusing the greencard that she was given.

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

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 US for more than one 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 US may be considered, even if it is less than one year.
• Remain outside of the US for more than two 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 US may be considered, even if it is less than one year.
• Fail to file income tax returns while living outside of the US for any period.
• Declare yourself a “nonimmigrant” on your tax returns.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

I fear you have more to worry about than your wife getting quizzed at POE.

[thamilto 0]

Thanks for your concern, but I believe we have the I-751 under control. Besides having both our names on our child's US birth certificate, we have maintained an address in the US for two years. We have filed joint tax returns under that address. We have joint bank accounts, insurance, car, all under that address. And until we find a house of our own that address is our only permanent address, as I am not a resident of another country, nor is our daughter. Furthermore, we have never abandoned our intentions to stay in the US, even though we aren't living there right now. As soon as I finish my PhD research and she finishes her masters program (next year) we will be living there full time. So I don’t perceive my wife as abusing her green card at all. We would have filed for a re-entry permit, but since we weren’t planning on being gone longer than a year, we thought we didn’t need to. Then I heard all these stories about people getting their green cards confiscated at POE by immigration. So is studying in another country an acceptable answer and what evidence might they request to validate her legitimate absence?

[Ladylethal 12]

Applying for a reentry permit might be a good idea, if you're going out of the country for another period of time.

[thamilto 0]

Applying for a reentry permit might be a good idea, if you're going out of the country for another period of time.

Thanks, next time I will definitely apply for a re-entry permit and save us from all this worrying.

[jasminelily 1]

Thanks for your concern, but I believe we have the I-751 under control. Besides having both our names on our child's US birth certificate, we have maintained an address in the US for two years. We have filed joint tax returns under that address. We have joint bank accounts, insurance, car, all under that address. And until we find a house of our own that address is our only permanent address, as I am not a resident of another country, nor is our daughter. Furthermore, we have never abandoned our intentions to stay in the US, even though we aren't living there right now. As soon as I finish my PhD research and she finishes her masters program (next year) we will be living there full time. So I don’t perceive my wife as abusing her green card at all. We would have filed for a re-entry permit, but since we weren’t planning on being gone longer than a year, we thought we didn’t need to. Then I heard all these stories about people getting their green cards confiscated at POE by immigration. So is studying in another country an acceptable answer and what evidence might they request to validate her legitimate absence?

If it's for academic reason, please have your school give you an official letter, I'm pretty sure the school administration/secretary is very familiarized with those kind of situations and a letter can easily be produced. The letter should describe the following:

-Name, student ID number

-What kind of major are you in

-How long have you been enrolled with that shcool and since when

-Why is the research outside US is needed

-How long and how many times outside US does the research require

-When is the expected date/month that the research is going to end

-Course title and description

-Who else are you working with, e.g. a professor, another PHD student, etc.

-Contact person, name, title, phone number, school address in case of USCIS wants to call to verify

-If you're working with a professor, then you should ask him/her to do you a favor to give you a simple academic praise letter as well

-If it's a research, then you might as well print out and bring the research paper that you're working on

-Also provide school official transcript to prove your school enrollment history

-Customs stamps on the passport that shows the travel period was less than a year

-Basically all related information, the more detail the better

Similar letter can also be used if it's for employment/work-related reason.

Edited March 23, 2009 by jasminelily

[-B&T- 1]

Good luck!

[moonhunt 1]

Don't judge your situation at your convenience.

If any USCIS/CBP officer may see strange about your wife's case, it will be the problem.

From their viewpoint, if she spent most of her time outside of U.S., they may see that she doesn't have intention to live in U.S. as permanent resident.

When she enter to U.S from P.O.E., she might have difficult time.

When somebody examine her record for E/D such as IBIS system for background check or anything,

it might be turned as suspicious.

Law, especially immigration law and regulations, is not written with common sense.

There are a lot of different assumptions, and you may not know which assumption they uses.

If USCIS find out physical presence was not there even though you have all logical proofs for maintaining the residence,

it may be difficult to prove otherwise.

From USCIS viewpoint, permanent residence is given for intention to live in U.S.

If you are in military service trip, other government business, and/or non-profit organization business,

it may be different.

But I don't know whether USCIS will consider personal interest to be the reason to justify no physical presence in the U.S.

If somebody find this, and try to give hard time, it may be difficult to argue against the fact she was out of country for that long with conditional permanent resident card.

Probably you may need to talk to immigration attorney.

[Nahathai_Ike 0]

Does the topic owner have any update regarding the situation?

Please share your experience over here.

Right now, there is a couples that we know whose situations are very similar to yours.

The husband is a US citizen. The wife is studying abroad for her Ph.D.

The husband is OK because it is a sacrifice for the family.

The wife comes back to the US, every semester breaks or every four months.

They have filed the tax together for couple of years. Her CR-1 will be expired next March or April, I could not remember.

All of the assets are listed in the will for the wife to be the beneficary. They are all in the USA. The IRA, 401K, bank accounts, utilities bills are in both names. (Wife is the beneficiary on all of the accounts.)

Wife has an intention to stay in the US, when her education is completed.

Wife has a 13-years old son who is living with her aunt in Thailand. She has not yet filed the petition to bring him her because of her frequent "out of the country." She intended to have him stayed with his step-dad. The husband had no problem and welcome him to be in the US, if he gets the visa.

The wife has not yet applied for the re-entry permit because it will expire the same day that her GC expired, (within 6-7 months.) The couples intended to file I-751 to remove the conditional status.

Please update your status because we would like to know the hurdles or obstructions that you have been encountered. Thank you.