returning resident

[Ontarkie 14,225]

~~Moved to Effects of Major Family Changes on Benefits, from Philippines regional forum where similar topics are discussed.~~

[Boiler 45,519]

Is the child his? Is the child a USC?

You can google maintaining permanent residency, not as simple as you make it.

Do not forget to file your taxes.

[Hypnos 6,576]

I see no point in contacting any US entity in the Philippines; the petition was approved, the visa was issued (and used), so their part in this process is ended.

As stated, if you wish to continue living in the US then you can simply re-enter on your endorsed immigrant visa (which itself serves as temporary proof of LPR status for up to one year), get your physical green card re-issued to your new address, and then live your life in the US.

If the marriage broke down before you entered the US for the first time, or you had only a CR-1 immigrant visa instead of an IR-1 then you would have more problems, but neither of those two things apply.

[aaron2020 11,651]

Is the child his? Is the child a USC?

You can google maintaining permanent residency, not as simple as you make it.

Do not forget to file your taxes.

None of this is on point. None of this matter in her return to the US.

[Hank_ 9,174]

Agree that she has to contact them. But it's just better for her to defend her status in the US than abroad.

You are arguing that she should contact USCIS in the PI without elaborating on the benefits of doing so. I've listed a con.

Please state what would be the benefit to contacting USCIS in the PI since you advised her to do that instead of just flying to the US? Please back up your advice.

Nope .... not arguing at all... that is your arena.

[Greenbaum 12,259]

After reading the other recommendations I now agree that she should return to the states to avail herself of what the GC offers and that she has a better change in the US of getting this straitened out both for her benefit and her daughters.

Don't forget that he is still responsible for her financially for 10 years or until she get her USC. She should begin with that leverage with her USC husband.

[Boiler 45,519]

You seem to have misunderstood the 864

[manilaraf 28]

I'm looking at Pages 7 & 8 of the I-864 version that expires on 3/31/2015 (My Wife & I are in the IR-1 process currently) and Greenbaum seems right.

Signing requires you to provide support to maintain them at an income 125% of the poverty guidelines for household size, until obligation is terminated, all income & assets are available, and if you do not provide this support, the permanent resident can sue for this support.

Obligation ends when LPR: 1) Becomes a USC, 2) has worked 40 quarters (10 yrs), 3) is no longer an LPR, 4) becomes subject to removal, applies & obtains a new Adjustment of Status, based on a new Affidavit of Support, or 5) dies; or if the signer dies.

Divorce does not end the obligation either.

[Boiler 45,519]

You paraphrased what the I 864 says, words have meanings.

[asisflyer 47]

Dear OP,

For starters, I would consider that he is bluffing about turning the card in in the first place.

You say it's 1R visa. I am going to presume that you meant IR1 since its close enough and you reference 5 years marriage.

In this case, LPR status is lifetime unless cancelled by an immigration judge or you request its termination.

If 5+ years married, then you are a Lawful Permanent Resident NOT a Conditional Permanent Resident

and card issued would be a 10-year green card. No I-751 needed. Congratulations both the Philippines and the U.S. say your worldwide income is theirs !!!

If you have a valid IR-1 VISA you can use it through its validity. If an I-551 temporary visa stamp - 1 year I believe, OR A physical green card --- you can board the plane directly.

NOW. If you stay out of the US for more than 6 months as an LPR, then expect to go to secondary on arrival and take a chance. More than 1 year and no Re-Entry Permit, problem.

In your case, this is only weeks.

After you arrive in the US. File an AR-11 with your new address immediately. Then File the I-90 and pay $450 for the new green card to go to your new address.

Of course, this all presumes that your husband has not become vindictive and invented a false tale of manipulation. Even so. In that instance, I would expect the POE to parole you in and let it be heard before an IJ years later.

You may wish to simplify by retaining counsel in the U.S. to verify situation and offer opinion.

[manilaraf 28]

You paraphrased what the I 864 says, words have meanings.

Enlighten me then as to the meaning of the words, are you saying that her husband isn't financially responsible for her for the next ten years or until any of the other scenarios occur? Or should I expect another one sentence cryptic reply?

Edited February 2, 2015 by manilaraf

[Hypnos 6,576]

Yes, the husband isn't financially responsible for her in the sense that you seem to think he is.

The I-864 is a contract between the sponsor and the federal government whereby the sponsor agrees to reimburse the government for any means-tested benefits the alien receives whilst the I-864 is in effect.

Since almost all states prohibit LPRs from receiving means-tested benefits then this means that the sponsor isn't actually responsible for anything almost all of the time.

Edited February 2, 2015 by Hypnos

[manilaraf 28]

Hypnos,

Thank you for the clear and direct answer. But what about the part where the beneficiary (LPR) can sue the signer that I paraphrased above. Again, I'm going through this myself (IR-1, I-864) so I really do appreciate the thorough explanations.

[Hypnos 6,576]

From memory I think most of the tiny handful of cases filed under that were tossed out by the courts.

[Boiler 45,519]

From memory I think most of the tiny handful of cases filed under that were tossed out by the courts.

There have been a few mentioned. not many.

Do not remember any where the Male was the claimant.

The one case I remember was where the Judge made mention of the responsibility to mitigate the loss.