Wife's Residency Status

[Penguin_ie 5,996]

***** Immigration and being away from loved one can be emotionally taxing. Please stay on topic and answer the op's question/ give advice without judging them. If you cannot do that, or cannot post without name calling, please refrain from posting. Thread bans wil be next *****

[kennym 275]

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. If you don't want to admit the truth that is fine. More power to you.

Vanessa this time; this post makes more sense.

You assessment was that my wife has made it obvious that she is "visiting" the US rather than living here was the statement that is completely false. I agree with the immigration issue and the requirement to maintain residency status. However, for YOU to to make a comment like you did is simply and inaccurate assessment based on not knowing anything about my wife or our situation.

You should learn how to post things without sensationalizing. My wife has not made it obvious she is only visiting the US.. First, the work "obvious" doesn't fit, and secondly, we were dealing with things there that made more sense for here to be there in person to work with..

Edited February 26, 2012 by kennym

[Gary and Alla 3,694]

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.

Since our US resident son spends 10 months of the year outside the US as a student, then returns for two months and has no problems, I can give you some facts.

You can be absent for UP TO one year without an AP. For absences more than 6 months but less than ONE YEAR you MIGHT be asked to show that you have maintained US residency (our son has not been asked to show this yet) You can do this in a number of ways. Our son has a US drivers license, a US bank account which is used everyday, a job in the US when he is here, he files income tax returns each year and has registered for the draft. He is a student and carries proof he is a student and that he is registered as a resident of the US with his school in Russia.

If you are going to be out of the US for extended periods, then carry proof with you that you have not given up your US residency and that you have complied with all requirements of a resident.

Next question. How did your wife get a VISA for the child without permission of the father? It was my understanding that if such is required, it is required to get the visa. It sure was in Ukraine!

[ceadsearc 516]

Based on the original post, it doesn't sound like they have obtained a visa for the child because the father won't consent - hence the in and out to try to deal with the custody situation.

[Gary and Alla 3,694]

All that said, Vanessa and Tony is correct that CBP can decide that a person has surrendered their residency even if the absences have been less than 6 months. It is important that you be very careful to maintain every appearance that the US is your home and you inted to make it such in the future. You cannot just generally be gone for many months, for a few weeks or months, then leave again for many months over and over.

Google "maintaining US residency"

Absences of more than 6 months MAY be an issue for citizenship but you can be excused for certain reasons provided you maintained residency.

Our son carries proof he is a residnet when he returns, proof he is a student. If your wife has been out of the country for some time for business reasons, I would suggest she have proof of those reasons with her. Something to show she "had to be" out of the country.

[Gary and Alla 3,694]

Based on the original post, it doesn't sound like they have obtained a visa for the child because the father won't consent - hence the in and out to try to deal with the custody situation.

Feel free to read the original post again. "...we hae been granted a visa for her ..." means the visa has been issued, at least to me. You?

The question stands. How did you get a visa without father's permission? This may be the only country I ever heard of that the father's permission is needed to leave the country but NOT to get the visa. Weird.

[YupYup 4]

That's the same thing, I was trying to say. The view of the CBP counts. And he will question her intentions. If she's going back and forth for so often & so long, it will seem like, that she doesn't really wanna live here!!!

Edited February 27, 2012 by Symply_Me

[ceadsearc 516]

Feel free to read the original post again. "...we hae been granted a visa for her ..." means the visa has been issued, at least to me. You?

The question stands. How did you get a visa without father's permission? This may be the only country I ever heard of that the father's permission is needed to leave the country but NOT to get the visa. Weird.

Ah, you're right, I stand corrected! I have never heard of it either so I must have mentally equated "couldn't get permission to leave" with "couldn't obtain visa to leave." Perhaps there is more to the story? Otherwise I'm at a loss!

[Gary and Alla 3,694]

Ah, you're right, I stand corrected! I have never heard of it either so I must have mentally equated "couldn't get permission to leave" with "couldn't obtain visa to leave." Perhaps there is more to the story? Otherwise I'm at a loss!

Strange. MY first question to the wife would be how did you get the permission for the visa but not to leave the country? She may ne negotiating more than a permission letter. FWIW my wife never spoke to her ex on the issue, it was all done by an attorney.

It strikes me as strange that the petitioner (OP) does not know this and did not see the letter for the interview.

At any rate, not my concern. Best to document carefully if your wife or any resident is going to be gone for multiple extended visits.