Re-entering with a green card-please help if you know!

[Sunnyland 639]

Hello all, this my first post-been reading a lot and have a question about my wife's case. Please respond if you or someone you know has been in the same situation (not likely though as I'm seeing everyone's case is unique).

My wife and I had our marriage based AOS interview on Monday. Our lawyer told us that the IO would have a decision on the case at the end of the interview, so my wife had a ticket to leave the country that same day, as we were not really worried about not passing the interview. Turned out name checks hadn't all gone through, so they approved the I-130 but said final approval and the green card would come in the mail. She did not get a stamp on her passport, and she did leave that day. On Wednesday, I checked her application status online and it said that the I-485 was approved and the notice was sent on Tuesday (day after the interview/her leaving). The plan was that I would mail her the green card when it camr so she can get back in the country. Now it's looking like that might be a problem. She did not have AP and was out of status when she left. Will she not be able to get in with the green card? I realize that her leaving may have triggered a 10 year bar and may have caused the AOS application to be considered abandoned, but if she has the green card in hand when she comes back won't that be ok and since she was approved the negatives wouldn't count?

If anyone has had a similar experience, please do not hesitate to reply. Any info is tremendously appreciated!! Thank you!

Hi. Just wondering... Why your wife did not have an AP? And why she left the same day of the interview? She should have waited a couple of days to leave. I'm just saying.

Besides if she needed to leave earlier she could have used the AP for traveling. Thats what people do if they need to travel while waiting for the GC approval. Did not your lawyer explain you about the risks of traveling out of the country without even the AP Advance Parole??? Did you guys explain the person that conducted the GC interview about your wife plans to travel the same day?

I noticed that many people that used a lawyer have had made the sames mistakes. Please let us know how everything is going with your wife. Hopefully she will not have any trouble in coming back.

[akihon 129]

Generally the airline that takes you, if you are denied is responsible for taking you back at their expense.

Why? it's not their fault you weren't allowed into the destination country.

[Dave&Roza 748]

Hello all, this my first post-been reading a lot and have a question about my wife's case. Please respond if you or someone you know has been in the same situation (not likely though as I'm seeing everyone's case is unique).

My wife and I had our marriage based AOS interview on Monday. Our lawyer told us that the IO would have a decision on the case at the end of the interview, so my wife had a ticket to leave the country that same day, as we were not really worried about not passing the interview. Turned out name checks hadn't all gone through, so they approved the I-130 but said final approval and the green card would come in the mail. She did not get a stamp on her passport, and she did leave that day. On Wednesday, I checked her application status online and it said that the I-485 was approved and the notice was sent on Tuesday (day after the interview/her leaving). The plan was that I would mail her the green card when it camr so she can get back in the country. Now it's looking like that might be a problem. She did not have AP and was out of status when she left. Will she not be able to get in with the green card? I realize that her leaving may have triggered a 10 year bar and may have caused the AOS application to be considered abandoned, but if she has the green card in hand when she comes back won't that be ok and since she was approved the negatives wouldn't count?

If anyone has had a similar experience, please do not hesitate to reply. Any info is tremendously appreciated!! Thank you!

This is another example to NEVER, NEVER, NEVER make plans until the documentation is in hand as the USCIS will most likely screw those plans for you. Even if you were approved that day, the GC would not arrive in the mail until a few days later and you may or may not have been given an I-551 stamp in her passport. Poor planning on your part IMHO.

Your wife left the country BEFORE the AOS was approved. Her passport was scanned when she left. I would check the date on the GC and if the approval date is the day she left then I would not worry (the approval date is the date that says "Lawful Permentant Residence since"). If the approval date is after that date I think you will have problems as she will have abandoned her AOS process. Now she is married to a USC and outside the country and needing to re-enter. Time to file a spousal visa and wait again. You might get lucky and they put the day of the interview as the approval date even though it took a day or two to officially approve the GC.

Having said all that. I would still have her try to use the GC to re-enter the US. If she gets in good. If not then you will have to deal with that. Just be aware that this COULD come back to bite you at ROC or at naturalization should she go that far. Just be prepared. Keep documents and plan for the worse.

Good luck,

Dave

[MrsNotBonJovi 18]

On a side note.. look at this link.. the OP posted on a legal website and the lawyers are fighting for a retainer[img]http://static-forums.visajourney.com/public/style_emoticons/default/rofl.gif[/img]

They gave the same insight as we did.

Fancy that! I did not see one single useful suggestion come out of that forum.

OP, if it was indeed you who posted on the lawyers' forum, you said the GC approval came a day or two after your wife left. Best thing to do is wait for the GC to arrive by mail and see what date of approval is printed on it. If it was approved the same day as when your wife left, you may have a better chance.

I have read on this forum and elsewhere that when a person does his/her first international travel on a new GC, the scrutiny at PoE is more. I like the suggestion someone else made earlier that you fly to whereever your wife is, hand over the GC to her in person and fly back with her so you can be present at her PoE. In the long run, this may be a better alternative than being denied entry, triggering a ban, having to file for a waiver or having to do the CR-1.

I don't mean to sound judgmental, but it seriously does amaze me how many people do the same mistake as you, though they have been explicitly warned that they should not travel without the physical GC in hand, especially if they do not have Advance Parole.

Hope things work out okay for you, Keep us posted.

Edited August 31, 2012 by MrsNotBonJovi

[Harsh_77 718]

If the date of her departure and GC approval date are not matching...this is going to haunt u forever.

Lets say the approval date and her leaving date are pretty close and CBP officer misses this and grants her the entry does not mean your troubles are over.

During renewal or while applying for citizenship if it gets caught by another offical u are done.

[raverz 1]

I suggest you fly down to personally deliver the GC to her. Mailing is not a good idea......especially since in most other countries the mail is not very efficient.

[Harsh_77 718]

I suggest you fly down to personally deliver the GC to her. Mailing is not a good idea......especially since in most other countries the mail is not very efficient.

If you choose the route of mailing the GC Fedex or UPS would be cheaper than flying in person.

[MrsNotBonJovi 18]

If you choose the route of mailing the GC Fedex or UPS would be cheaper than flying in person.

Two problems with this suggestion:

1) There is still no clear consensus as to whether it is okay to mail a GC. I have read on this forum and elsewhere that it is illegal. Given all the risks the OP has already taken, why push the boundary?

2) If the GC gets lost in transit (yes, even Fedex and UPS can screw up), the situation becomes even more murky.

[Que Saudade 284]

If the date of her departure and GC approval date are not matching...this is going to haunt u forever.

Lets say the approval date and her leaving date are pretty close and CBP officer misses this and grants her the entry does not mean your troubles are over.

During renewal or while applying for citizenship if it gets caught by another offical u are done.

Harsh I agree, this is absolutely a possibility that I mentioned earlier. The only thing that takes all of the scenarios out is if the green card is dated the day she left. If those dates match up, then her green card was valid the day she left. Outside of that, the legal ramifications exist. FIrst is CBP, whether they allow her back in or not. Second is USCIS, whether they consider the petition abandoned. The biggest question is left to be answered and that is "what will these 2 entities do".

[Harsh_77 718]

Two problems with this suggestion:

1) There is still no clear consensus as to whether it is okay to mail a GC. I have read on this forum and elsewhere that it is illegal. Given all the risks the OP has already taken, why push the boundary?

2) If the GC gets lost in transit (yes, even Fedex and UPS can screw up), the situation becomes even more murky.

Ummm there are no two problems, there is a one major problem as far as I am aware shipping of passport or GC overseas to a person is illegal.

I did not mention that coz I was sure someone would had jumped in and said ahhh its perfectly ok and there is no such rule…. so I said was like if OP was really going to do it than can use Fedex or UPS.

[nekyo 3]

Please keep us posted about what happens. I think there are some people in the same situation.

Yes please do keep us posted, also when is she planning to return? While i am not in the same situation i had thought about doing something somewhat similar. Not anymore lol I guess better safe than sorry

[seth2013 39]

Just thought I would jump in and say that sending a Green Card overseas is LEGAL.

Here's a link: http://japan.usembassy.gov/e/visa/tvisa-ivstolengc.html

I also think that there should not be trouble if the green card is in hand when re-entering. They just don't seem to be that thorough when checking people over. Doesn't the approval date usually have the day of the interview, anyway???

Edited August 31, 2012 by sethless

[SB immi 0]

Thanks for the replies everyone. I'm learning to not jump the gun here and wait until the GC is actually mailed. Online status says the welcome letter was sent and that there could be some ADIT processing. This could kill the whole thing, I think. If she has to go in to get her passport stamped before they send the GC, there could be a big problem.

She has a return flight scheduled for Oct 1. Hopefully the GC comes and I can either send it to her or meet her and hand it to her. I do like that idea - but it would have to be at an airport in Europe when she's connecting flights! And I'd want a ticket back to the States on the same flight as her so we re-enter together. Crazy.

I'll see what the welcome letter says and if there's any ADIT processing, and go from there.

[Harsh_77 718]

Harsh I agree, this is absolutely a possibility that I mentioned earlier. The only thing that takes all of the scenarios out is if the green card is dated the day she left. If those dates match up, then her green card was valid the day she left. Outside of that, the legal ramifications exist. FIrst is CBP, whether they allow her back in or not. Second is USCIS, whether they consider the petition abandoned. The biggest question is left to be answered and that is "what will these 2 entities do".

First I would say is lawyers are not smart always... if OP's lawyer was aware of the travel plan should be fired (I m sure too late for it)

Yep his luckiest break would be if the Date of Departure and GC date are same..... I m still thinking CBP offcier would look at it as how many times ppl know the approval date and they plan the travel on the same date?

This sword would be hanging on his wife forever even if she is able to obtain her citizenship anytime if this comes up to light even citizenship could be revoked.

[san diego 407]

I cannot advice you what to do. However, you have to be aware of possible repercussions. There are 2 ways:

1) You can re-apply now for CR1. Will take about 9 to 11 months. Pretty much 100% chance of getting it considering that Russia is not considered high fraud. NO RISK

2) You receive GC and take it to her or mail it. At this point it does not matter if she has physical possession of GC. If GC was ISSUED (in this case considering that she did not have passport stamp ISSUED, not approved) after the date of her departure AOS application is considered abandoned. What this mean is that GC is invalid by default. Possession of invalid GC and attempt of entry to US may be considered a fraud. In addition, you providing her with invalid GC may be considered a fraud (I would consult GOOD immigration attorney on this). Now, you have 50/50 chance of CBP noticing this. If he/she does, she will be denied entry AND will be on record. Now she travels back and applies for CR1. You can be sure she will be denied if this happens. Is it worth it??

Your choice. In any case I would get REALLY GOOD immigration attorney to consider your choices.