Border police

[garyworthy 0]

After looking at your question last night I have been talking with some friends over your case.You are not doing yourself any favours by staying out of the country for them lengths of time.Your reasoning that you are staying within the guidelines of your resident status is with some merit but not filing taxes could turn around and bite you.I like to think of myself as a "tax expert" after working with the IRS for longer that I care to remember and not in a million years would I ever advise someone not to file.Your just opening yourself to a lot of needless paper work and time wasting.

[Brother Hesekiel 2,236]

All the important stuff has been said. You've been abandoned your US residence (never actually established it) and have been abusing your Green Card as a tourist visa in an attempt to circumvent immigration law.

CBP now caught on to your game. You've been out of the country 10 months and the next time you enter, they will look again how long you've been out. They also will want to know how long you've been inside the US and they will ask you to show proof of residence in form of tax returns, lease or home ownership documents, car insurance, etc. If from now on a pattern of being out of the US a lot establishes, they will determine you are not a resident anymore. There is really no way to avoid it, other than moving to the US as quickly as possible. Rather than having your card taken away, you should surrender it and stay on good terms with USCIS.

[MRStee 19]

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?

You asked TWO questions, so I am going to give you TWO answers...

1). They are ALLOWED to do WHATEVER they want.. They are the government...

2) As others have stated on here time and time again, you risk having your green card taken.

Its all on you now.... good luck...

[Nik+Heather 121]

Did you ever think of doing a forums search?

Hopefully you'll actually come back and let us know what happened afterwards unlike most of the posters below. It all seems to be 3rd hand information, and different circumstances than what you've said here. Work contracts, etc.

http://www.visajourn...ar-on-greencard

http://www.visajourn...sing-green-card

http://www.visajourn...4-long-time-out

http://www.visajourn...e-than-one-year

Edited November 15, 2010 by Nik+Heather