Question about I-131 for less than a year out of country

[Expat1 971]

Hi everyone,

Sorry to rehash this question, but I'm still a bit confused on when to apply for an I-131 reentry permit. My wife is a green card holder, and she got her 10-year card in 2010. We'll be spending about 11 months in Micronesia and Japan for research for my graduate program. It seems to me that it's fairly clear we don't intend to relocate permanently. I can get documentation from my university stating the trip is temporary, we have all of our things in storage in Illinois, we'll continue to pay US taxes, and so on. But would it still be wise to apply for an I-131? Time is a bit short now (we've leaving the country on August 6), and I realize I should have gotten to this sooner. But I'd appreciate any guidance here. Thanks!

Advice: Get it

Unfortunately we applied for one in August. Didn't get it until January. Don't leave until you do the fingerprinting - have it sent to consulate. If she fails the fingerprint and has to go back in (my wife failed) it's a setback. My wife failed fingerprints, then it got lost in the mail, then we had to file for a new one and get ANOTHER set of prints. It was a real mess.

11 months is pushing it. Don't do it.

[jalevy03 0]

Advice: Get it

Unfortunately we applied for one in August. Didn't get it until January. Don't leave until you do the fingerprinting - have it sent to consulate. If she fails the fingerprint and has to go back in (my wife failed) it's a setback. My wife failed fingerprints, then it got lost in the mail, then we had to file for a new one and get ANOTHER set of prints. It was a real mess.

11 months is pushing it. Don't do it.

What does "pushing it" mean? We absolutely won't be out of the country for more than a year.

[Hypnos 6,578]

I believe they mean something unexpected might come up. Maybe your wife is hospitalised, maybe you are hospitalised, or some other emergency comes up which may threaten your wife's LPR status. That's why I said that for a trip lasting that close to 12 months, a re-entry permit would be a really good idea.

[jalevy03 0]

I believe they mean something unexpected might come up. Maybe your wife is hospitalised, maybe you are hospitalised, or some other emergency comes up which may threaten your wife's LPR status. That's why I said that for a trip lasting that close to 12 months, a re-entry permit would be a really good idea.

Ok, I understand. Thanks so much for your help with this. Hopefully it works out. Our dates are flexible, so I'll probably just try to tighten up the trip to 10 months or so in case we need the extra cushion.

[Expat1 971]

What does "pushing it" mean? We absolutely won't be out of the country for more than a year.

We have been back and forth / in and out of the US for a long, long time. We did an 11-month 'out of US' stint back in 2009, re-entered Atlanta. The IO almost didn't let her in. He kept saying "6 months - why didn't you get a re-entry permit, you need a re-entry permit" (shouldn't Americans work at airport immigration counters, not parrots?). That was back when her green card was conditional and didn't in our view warrant a 2-yr travel document. After we argued at the counter (my argument being if it is 6 months put it on the dam website, don't put 1 year) he wrote "OUT 11 MONTHS" in big caps in her passport and let us through.

Since I'm overseas again I got a re-entry permit this time. It was very frustrating to get it but we are not sure if we will be going back within the 6-month "free grace" period and I really don't want the trouble.

NOTE: ALL of our assets are/were in the US. It isn't like we can or intend to permanently relocate. These are job assignments.

Summary: They DID let us in, it was just a very big hassle. Had we not had credit cards and current drivers licenses etc etc I could visualize easily getting dragged down to secondary inspection where the fun really happens.

Edited July 19, 2014 by Expat1