Wife's Residency Status

[kennym 275]

Guys

I have a complicated question about my wife's Residency status...

Her and I have been through some bad times toward the end of last year.. Up to that point she had been out of the country 2 diferent trips.. She returned again to Colombia in Late November and has been in Colombia since.. She and I would like to possibly work on our relationship again and she is considering coming back.,. In addition to the problems we've had, we had been granted the visa for her daughter, but in the end, My Wife was not able to get the fathers permision for her daughter to come back.. She says she needs to stay until 2nd week of Feb while she sorts out some issues with her Ex (Daughters Father)

My question is; with the number of trips she and the total number of days she's been out, (See breakdown below..) will she have an issue with her residency status when she enters the US???

31-May-11 to 21-Jul-11 - 51 Days

11-Aug-11 to 21-Oct-11 - 71 Days

24-Nov-11 to 10-Feb-12 - 78 Days (To expected return Date)

Total Days - 200 Days

Thanks

Kenny

[ceadsearc 516]

How long has she had her green card?

She could be questioned on it if CBP feels it is a pattern but I assume she has evidence that she is maintaining her residency in America, NOT in Colombia. That coupled with the fact that has a valid reason for being out of the country in dealing with her custody situation leads me to believe that it won't be a huge issue, though definitely something she should keep an eye on when planning future trips.

I can't say for certain, though - the breaks in between where she was returning are small so it could look to CBP like she has just been coming back to avoid losing the GC. Again, proof of residency will make a difference, and I assume how long she has had her green card (ie was it just issued in May and she left immediately?) might as well.

Edited January 24, 2012 by ceadsearc

[kennym 275]

How long has she had her green card?

She could be questioned on it if CBP feels it is a pattern but I assume she has evidence that she is maintaining her residency in America, NOT in Colombia. That coupled with the fact that has a valid reason for being out of the country in dealing with her custody situation leads me to believe that it won't be a huge issue, though definitely something she should keep an eye on when planning future trips.

I can't say for certain, though - the breaks in between where she was returning are small so it could look to CBP like she has just been coming back to avoid losing the GC. Again, proof of residency will make a difference, and I assume how long she has had her green card (ie was it just issued in May and she left immediately?) might as well.

She received her Green Card in June 2010.. She has spent most of the time in Colombia since receiving the GC.. However, she has good reason due to her daughter.. We were fighting with the father to allow her daughter to come to the USA.. It was a lost fight..

We have a home here, and she has a Texas Driver License and stuff like that.. If she returns, she realizes that she cant return to Colombia for sometime..

[YupYup 4]

Guys

I have a complicated question about my wife's Residency status...

Her and I have been through some bad times toward the end of last year.. Up to that point she had been out of the country 2 diferent trips.. She returned again to Colombia in Late November and has been in Colombia since.. She and I would like to possibly work on our relationship again and she is considering coming back.,. In addition to the problems we've had, we had been granted the visa for her daughter, but in the end, My Wife was not able to get the fathers permision for her daughter to come back.. She says she needs to stay until 2nd week of Feb while she sorts out some issues with her Ex (Daughters Father)

My question is; with the number of trips she and the total number of days she's been out, (See breakdown below..) will she have an issue with her residency status when she enters the US???

31-May-11 to 21-Jul-11 - 51 Days

11-Aug-11 to 21-Oct-11 - 71 Days

24-Nov-11 to 10-Feb-12 - 78 Days (To expected return Date)

Total Days - 200 Days

Thanks

Kenny

to maintain your legal permanent residency status, you have to be in the states for more than 6 months out of a year. she could already get into trouble because of the 200 days spending outside the US!

[james&olya 1,121]

to maintain your legal permanent residency status, you have to be in the states for more than 6 months out of a year. she could already get into trouble because of the 200 days spending outside the US!

She was in the US last year for over 7 months total!

[VanessaTony 3,567]

to maintain your legal permanent residency status, you have to be in the states for more than 6 months out of a year. she could already get into trouble because of the 200 days spending outside the US!

This isn't exactly true. The OP's wife has made it obvious that she is "visiting" the US rather than living here and if CBP see that pattern they can accuse her of misusing the GC and revoke it.

Hopefully she won't have any issues re-entering this time but she needs to stop going in and out.

[YupYup 4]

This isn't exactly true. The OP's wife has made it obvious that she is "visiting" the US rather than living here and if CBP see that pattern they can accuse her of misusing the GC and revoke it.

Hopefully she won't have any issues re-entering this time but she needs to stop going in and out.

if she doesn't wanna live here, she shouldn't have a greencard! it's for residents and not for visitors.

[kennym 275]

if she doesn't wanna live here, she shouldn't have a greencard! it's for residents and not for visitors.

Hello All

Nobody said she didn't wanna live here. Where do you guy make up ####### like that? It seems like many are joining this forum without meeting the age limit requirements..

It is absolutely amazing that the typical legitimate query for information can result in such assumptions of scandal and drama..

Please dont wander off into the usual "VJ Assumptions" and "VJ Dramatization".. These are real lives and real emotions.. Not every hurdle is a result of scandal...

My wife has a daughter still in her home country whom for which we are battleling custody.. And... Like many from outside the US, there is a lot of trouble adjusting..

Our relationship also had some troubles, as a result of the time apart.

My wife is back.. and we're both trying to find ways for her to adjust to the changes and the US Culture..

No need to jump to conclusions about any crazy intentions.. There are other explanations that make just as much sense and arent sooo colorful... Unfortunately, those explanations arent as entertaining as some you you would like.. My appologies for that.. Vanessa & Symply_Me, please search else where for your "drama fix". Dont worry though, if it turns into something entertaining, I will certainly post here for those of you looking to fill your otherwise boring lives.. As always, your comments aren't helping anyone.. Grow Up!!

But for the mature readers, I am convinced my wife entered into this relationship for genuine reasons.. the promblem simply is due to how we both underestimated how dificult it would be with all the changes and the separation from her daughter would be.

AS I said, she's back and we are trying to make things work out.. For the rest of you, thanks soo much for the helpful responses... I appreciate those VJ's that are genuine and sincerely care about other's issues..

Kenny

[Dave&Roza 748]

She is back in the USA so she had no trouble this time in returing. If for some reasoin she needs to leave again before staying in the USA for a while, she may want to take evidence of the whole custody fight with her and the fact that her husband and her residence is still in the US--she has been fighting with her ex over her daughter and that is why she is spending so much time in her home country. Stays over 6 months within a 365 day period can be used by CBP to deny entry if they think you have abandoned your residency--most people do this by returning for a few days every five or six months thinking that will work when it is the total amount of time within a 365 days period that CBP looks at. Stays of more than a year without a re-entry permit before leaving will get you denied. I would also get the evidence of the custody battle so you have it for ROC and naturazliation in the future. She may want to file for a re-entry permit before leaving the next time just in case, but there is a wait and expense, I will leave that up to you to decide how important it is. You might want to check out the USCIS website on maintaining LPR status before she leaves for Columbia again.

Good luck and I hope the ex quits being such a PITA,

Dave

[VanessaTony 3,567]

Vanessa & Symply_Me, please search else where for your "drama fix". Dont worry though, if it turns into something entertaining, I will certainly post here for those of you looking to fill your otherwise boring lives.. As always, your comments aren't helping anyone.. Grow Up!!

Excuse me? You're the one being a drama queen. I posted the truth. You not liking the truth doesn't make me a "drama queen" and I am offended by your suggestion. Please take your own advice.

[kennym 275]

This isn't exactly true. The OP's wife has made it obvious that she is "visiting" the US rather than living here

Vanessa.. You're such a joke...

You have no idea what the truth is and to say such a stupid thing "I posted the truth." without know anything about the real facts shows how much of a flake and how much of a joke you really are..

Please tell me how your statement be considered the truth... My wife struggled with some issues.. But nothing about what we struggled with suggests my wife only wants to visit..

Listen.. Go ahead and entertain yourself.. But to say the least, your are clueless... I suggest you grow up.. Seriously...

Edited February 26, 2012 by kennym

[VanessaTony 3,567]

Vanessa.. You're such a joke...

You have no idea what the truth is and to say such a stupid thing "I posted the truth." without know anything about the real facts shows how much of a flake and how much of a joke you really are..

Listen.. Go ahead and entertain yourself.. But to say the least, your are clueless... I suggest you grow up.. Seriously...

Really? You're such a child. My post was:

This isn't exactly true. The OP's wife has made it obvious that she is "visiting" the US rather than living here and if CBP see that pattern they can accuse her of misusing the GC and revoke it.

Hopefully she won't have any issues re-entering this time but she needs to stop going in and out.

Your wife's constant in and out DOES make it obvious she is visiting by having a pattern of constant in and out. The fact that she was TRYING to live in the US but couldn't yet doesn't make that any less true. It is THE TRUTH that CBP can use ANY stay outside the US as proof of abandoning status. This is especially true when people make a pattern, like your wife, of constant "in and out". Some people think that coming in to the states for a week or two will help preserve their status. Some people think that making sure their stays outside are less than 6 months makes them safe. It does NOT. I stated CBP can make an issue of it. I also stated that hopefully they wouldn't and that she should stop going in and out.

Once again, all of that is THE TRUTH. I suggest you calm down, read my post without linking it to the respondents accusation that she wasn't worthy of a GC and read it for what it was. A correction to the post previous to mine stating that she has to be in the US for more than 6 months of a year (which was false) and advice to your wife (and others reading) that making a pattern of "in and out" is bad and also that I hoped your wife would be fine re-entering.

[kennym 275]

Here we go Again Vanessa.. You and your ridiculous BS

You said "my wife has made it obvious she is visiting". In no way is this true.. It would be the same issue if my mother was sick "who lives in france" and I had to go take care of her.. That doesnt mean I will only be visiting the US when I return... I am there to attempt to help my family and be there for whatever is needed for her and returning back to my home in the USA when things get resolved..

Your comments are pure "DRAMA" and only for the benefit of your entertainment.. Stop acting like a 8 year old and start acting like a mature grown-up...

[VanessaTony 3,567]

You said "my wife has made it obvious she is visiting". In no way is this true.. It would be the same issue if my mother was sick "who lives in france" and I had to go take care of her.. That doesnt mean I will only be visiting the US when I return... I am there to attempt to help my family and be there for whatever is needed for her and returning back to my home in the USA when things get resolved..

You obviously have no understanding of the immigration process or the requirements for LPR's. Your wife's constant in and out is obviously visiting the US as during the last several months she has spent more time outside than inside the US with periodic "visits" in the US during her staying in her home country. If you don't want to admit the truth that is fine. More power to you.

Edited February 26, 2012 by Vanessa&Tony

[William33 110]

all,

Be careful how you post your advice. It should be factual, without commentary.

To those that offer only commentary, this is your last warning.

To the OP: There are specific requirements of US presence to maintain a GC. Based upon the information you provided, it does appear that your spouse has been out of the US for extended periods of time. You need to focus on that.