Border police

[criandjen 0]

I am not sure if this is the right section of the forum.

We got married in Miami on sept 2008, we applied for the green card and received one on july 2009. We never lived in the US but we travelled back and forth from Italy to US. Last time i entered the US (june 2010) i had been out of the states for 10 months and the officer gave me a hard time at the border and wrote on my italian passport that i have been out of US for 10 months.

Are they allowed to do that?

I will be traveling to the US in december 2010 after i've been out of the states for 5 months. What can i expect at the border?

[Brad and Vika 129]

Topic moved from IR-1/CR-1 Forum.

[belinda63 3,038]

The "border police" aka CBP maintain a record of each entry and exit of a person from the US. A green card aka a Permanent Resident Card is for a person to reside in the US, not a tourist visa. Obviously they are on to your game of not living in the US and on the next entry they could ask you to surrender the card and/or not permit you entry into the US.

[Dan J 277]

I am not sure if this is the right section of the forum.

We got married in Miami on sept 2008, we applied for the green card and received one on july 2009. We never lived in the US but we travelled back and forth from Italy to US. Last time i entered the US (june 2010) i had been out of the states for 10 months and the officer gave me a hard time at the border and wrote on my italian passport that i have been out of US for 10 months.

Are they allowed to do that?

I will be traveling to the US in december 2010 after i've been out of the states for 5 months. What can i expect at the border?

A green card does have a residency requirement to maintain it. If you are spending most of your time outside of the US, its possible that the USCIS will revoke your card. But it will be up to them.

[criandjen 0]

The "border police" aka CBP maintain a record of each entry and exit of a person from the US. A green card aka a Permanent Resident Card is for a person to reside in the US, not a tourist visa. Obviously they are on to your game of not living in the US and on the next entry they could ask you to surrender the card and/or not permit you entry into the US.

WE are not PLAYING any GAME. That is simple offensive to think we are doing that. We followed the rules, payed the fees, we cannot live in the US now.

We do not have a job there. We should live on welfare and we are both professionals!

[Sweetcheeksss 91]

I think it is kinda risky. The green card IS based on living in the US and you are definately risking having your green card revoked, especially if they figure out that you are spending far more time out of the US than in it.

[Sweetcheeksss 91]

Oh and to answer your question, I think, at minimum you can expect your residency issue to be scrutinized quite closely by the CBP next time you travel to the US. Good luck with everything.

[belinda63 3,038]

Perhaps game was an inappropriate word to use but the facts are you do not reside in the US as is required to maintain the Permanent Residence Card. I would strongly suggest at the next entry into the US you be prepared to show documents regarding a US residence, proof of having filed US taxes for the past year, US bank account records, and anything else you have that would support you residing in the US.

[criandjen 0]

Perhaps game was an inappropriate word to use but the facts are you do not reside in the US as is required to maintain the Permanent Residence Card. I would strongly suggest at the next entry into the US you be prepared to show documents regarding a US residence, proof of having filed US taxes for the past year, US bank account records, and anything else you have that would support you residing in the US.

We have an US account with good amount of money in it. No tax return because we never worked there

[canadian_wife 1,822]

Take a look at the requirements for maintainint permenant residency. Pay particular attention to the bolded part. And any USC must pay taxes and file tax returns - green card holders as well

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

You are already on their radar for not maintaining a permenant residency. Your primary residence must be in the US - clearly you are spending more time in Italy than in the US - when you do come, how long do you stay?

Don't get defensive, we are trying to help by warning you that you may be in trouble or be under stricter scrutiny when you try and return

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Good luck

[criandjen 0]

Take a look at the requirements for maintainint permenant residency. Pay particular attention to the bolded part. And any USC must pay taxes and file tax returns - green card holders as well

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

You are already on their radar for not maintaining a permenant residency. Your primary residence must be in the US - clearly you are spending more time in Italy than in the US - when you do come, how long do you stay?

Don't get defensive, we are trying to help by warning you that you may be in trouble or be under stricter scrutiny when you try and return

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Good luck

We did not file tax return because we did not have income in the US in 2009

I have never been out of the US for more than one year. Since i've got the green card i was out for 10months then i went to the US for 2 weeks in july 2010 than return to Italy. Now i will return to the US in december, i have been out for 5 months. I will stay in the states for 27 days.

[Penguin_ie 5,993]

As the others have said, the greencard is to live in the USA; if you don't live here, then the appropriate thing to do is to hand the greencard back at your local US embassy, use the visa waiver program to visit, and re-apply for a spousal visa once you actually want to immigrate.

There is a good chance you will be grilled at immigration next time you attempt to enter the USA, and they may take your greencard away and send you back. In that case, you will be able to re-apply for a spousal visa once you are ready to immigrate, but may have difficulty visiting (you won;t be able to use the visa waiver program), and will be asked extra questions when you do re-apply. How long do you plan to live outside the USA? If you get a nice officer at immigration this time, they they well let you in, but the chances of that happening will be less each time you try to visit.

\

PS: US citizens and greencard holders must still file US taxes, even if their only income is abroad.

Edited November 14, 2010 by Penguin_ie

[canadian_wife 1,822]

We did not file tax return because we did not have income in the US in 2009I have never been out of the US for more than one year. Since i've got the green card i was out for 10months then i went to the US for 2 weeks in july 2010 than return to Italy. Now i will return to the US in december, i have been out for 5 months. I will stay in the states for 27 days.

That part doesn't matter, you are still required to file tax returns - even if you do not live or work in the US

Good luck

[belinda63 3,038]

Even if you do not have US income you are still required to file a US tax return as stated in the responsibilities of an LPR. You may not have to pay any taxes to the US government but you still have to file the return.

Also you state you have spent only 11% of the past year inside the US.

Again we are simply warning you that you may face additional scrutiny on your return to the US and a possible revocation of your permanent residence status since you are not meeting the requirements.

You might want to consider applying for a reentry permit when you are here the next time. It will mean staying in the US until the biometrics are done but it would give you some peace of mind to have it in hand.

[criandjen 0]

If we do not have income is not mandatory to file tax return. That was confirmed by an expert accountant, but this is not the point.

The point is:

- I agree we are not living in the US but the rule say that "Remain outside of the United States for more than 1 year " and i have never been out for more than one year