What do I need to do?

[momkay 0]

Hi Everyone,

I need your great advice about this issues.

I petitioned my Mom thru I-130 and she got here in the US first week of December 2013. Her Visa gonna expired in 1 year, And I was planning to pay her Green Card before her Visa expired.

Now my concern was, my Mom wants to go home back to my country, Philippines because her reason was she can't survive the cold. What would be the posible consequeces if she go home with out her Green Card yet? I told her not to go home until she received her GC but seems she can't wait. Now, I'm so worried of what's gonna be happen my petition. Any advice would be appreciated. Thank you so much!

[Shiobhan 235]

My husband aunt complains about being too old for the

cold weather when she visits, but her being just a visitor

her family stop having her visit between Oct-April Your

mom holds a GC now so to combat that, I would let her

stay out 5- 6 mths during winter until she can be naturalized,

if she's retirement age I guess it would be ok, however just

leaving & staying out over a yr would be GC abandonment.

She can leave now and when U get the GC its sent to her overnite

with tracking like with DHL & she returns as soon as it begins

warming up . She have to be in the country 6 mths straight or

more (I think) prior to applying for citizenship

[Boiler 45,535]

Is this for a holiday, sounds permanent the way you have described the situation.

[momkay 0]

My husband aunt complains about being too old for the

cold weather when she visits, but her being just a visitor

her family stop having her visit between Oct-April Your

mom holds a GC now so to combat that, I would let her

stay out 5- 6 mths during winter until she can be naturalized,

if she's retirement age I guess it would be ok, however just

leaving & staying out over a yr would be GC abandonment.

She can leave now and when U get the GC its sent to her overnite

with tracking like with DHL & she returns as soon as it begins

warming up . She have to be in the country 6 mths straight or

more (I think) prior to applying for citizenship

Hi Jihana, Thank you for your sharing and adviced. Yes, my mom holds a GC but she didn't receive yet. It seems really hassle if she go home before the GC. I hope she will survive this winter

[Darnell 8,478]

since yer Mom came in on IR-5 (my assumption),

she can go back to the PI and stay up to 6 months without worries.

Chasing ELIS is meaningless for her, she has a stamp in her passport that turns the visa into a one-year temporary I-551 document and she needs no other paperwork to come back into the USA. It expires the first week of DEC 2014. Unsure about her visa expiration, but it doesn't matter anymore, as she has the endorsement stamp from the POE, now it's all morphed into a I-551 document.

She could jump today.

Doesn't stop any ELIS processing, her location on the planet.

It may be that you and Mom will renegotiate things, so that she's in the PI during the cold months and in the USA during the non-cold months. With a modicum of planning, this will be perfectly fine for years and years and years and years, no hitch, as long as she's not gone 7 months in 12. 6 in 12 is ok, 5 in 12 even better.

Edited January 6, 2014 by Darnell

[momkay 0]

since yer Mom came in on IR-5 (my assumption),

she can go back to the PI and stay up to 6 months without worries.

Chasing ELIS is meaningless for her, she has a stamp in her passport that turns the visa into a one-year temporary I-551 document and she needs no other paperwork to come back into the USA. It expires the first week of DEC 2014. Unsure about her visa expiration, but it doesn't matter anymore, as she has the endorsement stamp from the POE, now it's all morphed into a I-551 document.

She could jump today.

Doesn't stop any ELIS processing, her location on the planet.

It may be that you and Mom will renegotiate things, so that she's in the PI during the cold months and in the USA during the non-cold months. With a modicum of planning, this will be perfectly fine for years and years and years and years, no hitch, as long as she's not gone 7 months in 12. 6 in 12 is ok, 5 in 12 even better.

Hi Darnell, Thank you for this helpful info. really appreciated.

[Darnell 8,478]

ya, just remember to start ELIS processing soon,

but, as is, she can jump on the plane this week without a physical green card, if need be.