Living abroad temporarily

[Katherine 0]

Hi,

My story is a little bit different from most other people in here, therefore I'm posting this hoping to receive help ASAP.

I am a permanent resident (already had my conditions lifted). I have lived in New York and have had my Greencard since May 2008. My husband is the American:)

Last year (2010) in August my husband and I travelled to my home country, Denmark, with the intention of staying for a approximately six months. He came to Denmark starting with a tourist visa and after the 90 days he went back to our place in New York. However, during his stay here in Denmark, he was offered an opportunity to sign a deal with a record label here in Denmark, which will be valid for the year of 2011. Therefore, shortly after he had left DK he came back, this time with a work visa.

Anyway, my concern is obviously my situation. I can understand that if you, as a permanent resident, stay abroad for longer than 1 year, your resident status is most likely to be determined abandoned and you can lose your Greencard. That is obviously my biggest concern! I just booked a ticket to NYC leaving in four days (August 5th) - with a return ticket to Denmark scheduled a week later. On August 9th it has been exactly one year since I left NYC, therefore, I assume I still have a chance of going through Border Patrol pretty painless.

To not waste my time out here while my husband is working, I have been taking classes at the local college.

I have made preparations to show the officer that I did not abandon my residency even though I did stay out of the country for a long time without a re-entry permit. My "evidence" is gathered with not a lot of time to collect it, but here is what I have: Bank credit/debit cards, Receipt of storage space (where all our furnitures etc. are stored), a signed letter from my school counselor stating that I am attending school until the end of the year. My dad is also living in NY.

I know that tax returns or proof of filed taxes as a resident are important but I simply waited too late to e-file, and it got rejected because of some information missing.

What I really wanna know is how are my odds of passing border patrol in NYC, and NOT lose my Greencard?

I'm considering filing for a EXPEDITED re-entry permit while I'm there, and if I have to stay a week or so longer for Biometrics, I will.

And is the evidence I have enough to prove that I still have ties over there??

Please help anyway you can!

[Penguin_ie 5,993]

Your chance of getting in this time are ok- not brilliant, but I'd say due to your ties here in the USA you have a pretty good chance of being let in, maybe with a bit of a talking to.

However, leaving again after just a couple of weeks, you will have difficulties getting in next time, unless you get that re-entry permit. How long do you plan to stay out of the country overall?

[Katherine 0]

Your chance of getting in this time are ok- not brilliant, but I'd say due to your ties here in the USA you have a pretty good chance of being let in, maybe with a bit of a talking to.

However, leaving again after just a couple of weeks, you will have difficulties getting in next time, unless you get that re-entry permit. How long do you plan to stay out of the country overall?

Well, I'm taking some classes which will end in December - so will my husband's work permit here in Denmark. But there is a chance that he might renew his work permit so it is valid for another year(2012). In that case, I will probably keep taking classes and finish my degree in December 2012.

Therefore, it is very important that I stay long enough to file for a re-entry permit and go to the biometrics appointment this time, wouldn't you agree?

[Penguin_ie 5,993]

Yes, definitely. Even if you return for another couple of weeks for the holidays and again sometimes next year, because you spend so much time outside, the chances of being refused entry increases seriously with each time. A re-entry permit would be a very good idea.