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Filed: Other Country: India
Timeline
Posted

Hello,

I am Indian citizen with LPR in US and I came in December 2007 and got my Green Card in January 2008.

Now i'm planning to get married to a girl from Costa Rica (CR). And move to CR for 5 months. After that me and my wife will come to US and then move to India for 2-3 years due the economy slow down in US.

My question is:

If I travel to US every 11months, Will I need to apply for re-entry permit ?

Where should i apply for my wife's permanent visa? should I apply in US, CR or India ?

Thanks in advance.

Neetal

Posted
Hello,

I am Indian citizen with LPR in US and I came in December 2007 and got my Green Card in January 2008.

Now i'm planning to get married to a girl from Costa Rica (CR). And move to CR for 5 months. After that me and my wife will come to US and then move to India for 2-3 years due the economy slow down in US.

My question is:

If I travel to US every 11months, Will I need to apply for re-entry permit ?

Where should i apply for my wife's permanent visa? should I apply in US, CR or India ?

Thanks in advance.

Neetal

Coming and going for lengths of time like you mention may flag you, and they could possibly pull your LPR (your suppose to be a "permanant" resident of the US). I would not recommend doing that.

You could start the process in the US to apply for your wifes visa - but with you leaving for India for three years, that would be probmatic.

I would suggest you talk to a lawyer about things to do.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Other Country: India
Timeline
Posted
Coming and going for lengths of time like you mention may flag you, and they could possibly pull your LPR (your suppose to be a "permanant" resident of the US). I would not recommend doing that.

You could start the process in the US to apply for your wifes visa - but with you leaving for India for three years, that would be probmatic.

I would suggest you talk to a lawyer about things to do.

Hello there,

What kind of flag will they put on me? I have been looking for a job over here since 1 year and unable to find one. I have got a opportunity to do a job back in India.

If you can guide me any Pros and Cons for me.

Posted
Coming and going for lengths of time like you mention may flag you, and they could possibly pull your LPR (your suppose to be a "permanant" resident of the US). I would not recommend doing that.

You could start the process in the US to apply for your wifes visa - but with you leaving for India for three years, that would be probmatic.

I would suggest you talk to a lawyer about things to do.

Hello there,

What kind of flag will they put on me? I have been looking for a job over here since 1 year and unable to find one. I have got a opportunity to do a job back in India.

If you can guide me any Pros and Cons for me.

They track your travels when you come and go into the US.

I have seen posts here where LPR's are questioned for coming back after 'long" amounts of time outside the US. (there are cases on the web where some had there LPR status revoked, since they were not following the regulations of the program).

Again, LPRs who leave the United States for extended periods, or who cannot show their intent to live permanently in the U.S., may lose their LPR status.

That is the CON.

I cannot think of any PRO's to do what you are thinking of doing.

Here is a snip:

Maintaining Your LPR Status

There are some things you must do to maintain your LPR status.

These are also important to remember if you plan to apply for U.S. citizenship in the future.

• Don’t leave the United States for

an extended period of time or

move to another country to live

there permanently.

• File federal and state income

tax returns.

• Register with the Selective

Service, if you are a male

between the ages of 18 and

26.

• Give your new address to DHS.

So, again, when you file your taxes (they will see you are overseas), and update your address (which you are required to do) - that would "flag" you.

Now - you could do this, prior to leaving,

File Form I-131, Application for a Travel Document, to apply for a re-entry permit. A re-entry permit is valid for up to 2 years and is proof that you are returning from a temporary visit abroad.You may show

the re-entry permit at a port of entry instead of a returning resident visa or a Permanent Resident Card.

If you do this, you won't have to come back every 11 months (which would flag you anyway).

I would really speak to an immigration attorney though, just to be sure.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted

If you change your job and domicile to another country, you will be abandoning your permanent residence in the U.S.

Also, as an LPR, your future spouse does not have a priority date immediately available. It would be several years before she could join you in the U.S. If you abandon your permanent residence in the U.S., any petition for immigrating your wife to the U.S. will no longer be valid.

If you want to make your domicile and employment in another country, that's fine--but you can't be a permanent resident in the U.S. if you do.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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