help do i need to get a re entry permit?

[spamnrice 1]

my wife is coming here from the philippines for the first time with her cr1 visa but we only planned on her staying for a little over a month. the purpose of this is just to visit and a mini vacation while we wait for her green card (hopefully it arrives while she's here) since her visa expires in Nov. Then she has to go back to the philippines for another 8 months to take care of some things but after that, she will stay here for good.

my question is, do you guys think she will have any problems coming back? i know the re entry permit is only if she is gone for over a year but she had attended a seminar orientation in the philippines that says that if she leaves the U.S. for over 6 months, her green card is no good anymore.

also, there's this site that i found My link that says the same thing, which is you're at risk if you leave for over 6 months even if you have a green card.

well i just got off the phone with someone from uscis customer service basically telling me what i read about the re entry permit, which is if she has a green card, she will be able to re enter just as long as it's not over a year, thats when i would need the re entry permit.

sorry if this has been asked but this is just stressing me out.

thanks

[Jojo92122 1,924]

my wife is coming here from the philippines for the first time with her cr1 visa but we only planned on her staying for a little over a month. the purpose of this is just to visit and a mini vacation while we wait for her green card (hopefully it arrives while she's here) since her visa expires in Nov. Then she has to go back to the philippines for another 8 months to take care of some things but after that, she will stay here for good.

my question is, do you guys think she will have any problems coming back? i know the re entry permit is only if she is gone for over a year but she had attended a seminar orientation in the philippines that says that if she leaves the U.S. for over 6 months, her green card is no good anymore.

also, there's this site that i found My link that says the same thing, which is you're at risk if you leave for over 6 months even if you have a green card.

well i just got off the phone with someone from uscis customer service basically telling me what i read about the re entry permit, which is if she has a green card, she will be able to re enter just as long as it's not over a year, thats when i would need the re entry permit.

sorry if this has been asked but this is just stressing me out.

thanks

Once your wife enters the US on the immigration visa, the stamped visa becomes her temporary green card that is valid for one year. She does not need the physical green card to leave the US.

Applying for the re-entry permit is not necessary. You may want it for peace of mind just in case, but you really don't need it if she is not staying outside the US for longer than a year.

The best way to show that she has no intention of abandoning her LPR status is to establish ties to the US. Add her to your bank accounts. Add her to the gas, electric, water, cable, etc. bills. Apply for a state ID. Apply for a Social Security card.

Edited July 11, 2011 by Jojo92122

[rika60607 215]

This is a grey area. If she is out of the US for more than 6 months CBP officer may send her into secondary. As the worst case scenario, they *may* harass her and *may* oblige her to see an Immigration Judge. They still will have to let her into the US. They can't really just pull her GC for absence of less than 1 year.

It would help if you came with her on the return trip and if not, at least you should be at the airport meeting her and raising hell if she does not exit through the customs with the rest of the folks from the same flight.