Expired green card

[Going through 5,671]

2 minutes ago, PAT1 said:

How does she relinquish her green card... how do we do that?

 

 

http://www.nolo.com/legal-encyclopedia/how-voluntarily-abandon-lawful-permanent-residence-green-card.html

 

The above may help you.

[geowrian 22,338]

8 minutes ago, PAT1 said:

Relinquish the green card means return it?  even if it is expired?

It means to voluntarily and officially abandon her LPR status. If the embassy permits it, she can schedule an appointment and do it right there. Otherwise, she should be able to submit the (expired) green card along with the form via mail.

https://www.uscis.gov/i-407

 

The green card is not her status....it's just proof of her status. So the card can be expired but she can still be in the system as an LPR (at least until she tried to enter the US and they made a formal abandonment decision).

[PAT1 0]

6 minutes ago, Boiler said:

What has she done to maintain her permanent residency in the US?

they are homeowner

[Boiler 46,124]

Just now, PAT1 said:

they are homeowner

I thought they had been living in Africa?

[PAT1 0]

Just now, Boiler said:

I thought they had been living in Africa?

they are living in Africa...however  they still have their house in the US, it has been rent it out

[Going through 5,671]

Curious...when she was at the airport and the customs officer asked her how long she was planning on staying in Africa, do you know if she said she was only leaving for a short vacation, or did she actually say she was moving to Africa?

 

Do you know if her intent was for it to be a short visit (and then she ended up staying for reasons out of her control) or she left the US with the intent of setting up residence in Africa?  Also, when filing US taxes (I'm assuming the couple continued to file US taxes) did he/she claim any foreign income, did they file US taxes at all while abroad?)

Edited July 24, 2017 by Going through

[Coco8 1,042]

16 minutes ago, PAT1 said:

they are living in Africa...however  they still have their house in the US, it has been rent it out

 

8 minutes ago, Going through said:

Curious...when she was at the airport and the customs officer asked her how long she was planning on staying in Africa, do you know if she said she was only leaving for a short vacation, or did she actually say she was moving to Africa?

 

Do you know if her intent was for it to be a short visit (and then she ended up staying for reasons out of her control) or she left the US with the intent of setting up residence in Africa?  Also, when filing US taxes (I'm assuming the couple continued to file US taxes) did he/she claim any foreign income, did they file US taxes at all while abroad?)

 

If they own a house and filed taxes, she might be allowed back in. 

 

It is a shame she didn't apply for citizenship before she left, or at least she applied for permission to leave without loosing her status.

 

Did they ever came back to the US in the last 2 years?

 

 

 

 

 

 

[PAT1 0]

3 minutes ago, Coco8 said:

 

 

If they own a house and filed taxes, she might be allowed back in. 

 

It is a shame she didn't apply for citizenship before she left, or at least she applied for permission to leave without loosing her status.

 

Did they ever came back to the US in the last 2 years?

 

 

 

 

 

 

She should have applied for permission to leave without loosing her status or should have apply for citizenship.

Her last entry in the US was August 2015. regardiong their taxes... I don't  have much infos on that

 

[Going through 5,671]

18 minutes ago, PAT1 said:

She should have applied for permission to leave without loosing her status or should have apply for citizenship.

Her last entry in the US was August 2015. regardiong their taxes... I don't  have much infos on that

 

If the USC husband filed US taxes for the time he was living in Africa, then that goes along in  his favor to establish US domicile.

Even better if the couple continued to file jointly.

[Boiler 46,124]

1 hour ago, PAT1 said:

they are living in Africa...however  they still have their house in the US, it has been rent it out

Ahh they kept  the house as an investment.

 

SB1 maybe?

[EmilyW 1,528]

1 hour ago, Going through said:

Curious...when she was at the airport and the customs officer asked her how long she was planning on staying in Africa, do you know if she said she was only leaving for a short vacation, or did she actually say she was moving to Africa?

As far as I know, there is no outgoing customs / immigration when you're leaving the US.

[Going through 5,671]

27 minutes ago, EmilyW said:

As far as I know, there is no outgoing customs / immigration when you're leaving the US.

ah yeah always get that mixed up with the incoming customs...

 

[Cathi 5,784]

4 hours ago, Going through said:

Curious...when she was at the airport and the customs officer asked her how long she was planning on staying in Africa, do you know if she said she was only leaving for a short vacation, or did she actually say she was moving to Africa?

 

Do you know if her intent was for it to be a short visit (and then she ended up staying for reasons out of her control) or she left the US with the intent of setting up residence in Africa?  Also, when filing US taxes (I'm assuming the couple continued to file US taxes) did he/she claim any foreign income, did they file US taxes at all while abroad?)

They don't ask anything on the way out of the country.

[Going through 5,671]

11 minutes ago, mimolicious said:

They don't ask anything on the way out of the country.

I guess it depends on the country and mode of travel.  I think it's because I mostly drive across the border so I'm so used to as soon as I cross into Canada being asked how long I plan on staying in Canada/purpose of Canada visit (even though I'm a citizen), so technically to me  I'm "on my way out of the US country" at that point where my car is sitting---just being questioned by Canada as opposed to the USA.

 

Much prefer being questioned by the US when coming back in---they tend to smile more at the border...you'd think it'd be the opposite lol

 

 

Edited July 25, 2017 by Going through

[geowrian 22,338]

3 hours ago, Boiler said:

Ahh they kept  the house as an investment.

 

SB1 maybe?

A new I-130 would be far more likely to be successful. SB-1s are so rarely approved.