Permanent resident outside the states

[Jabsa 0]

I’m temporary outside the states and pregnant, leaving in and out to stay with my husband abroad. husband’s immigrant visa still awaits to be current- expected within 6 months. My question is: should i be in the states when he gets his interview? Nvc package is already done and papers went well, i had a co-petitioner for income. 

I might or not be in the US when his interview is set. Shall They need anything to do with me personally ? 

 

Thanks for any shared experience!

[Tenreyro 174]

30 minutes ago, Jabsa said:

I’m temporary outside the states and pregnant, leaving in and out to stay with my husband abroad. husband’s immigrant visa still awaits to be current- expected within 6 months. My question is: should i be in the states when he gets his interview? Nvc package is already done and papers went well, i had a co-petitioner for income. 

I might or not be in the US when his interview is set. Shall They need anything to do with me personally ? 

 

Thanks for any shared experience!

You can be outside the States when your spouse gets the interview, and can actually go with him, but you have to be sure to provide enough evidence that you are only temporary and have not abandoned your links to the US, including filing your taxes, and have to be able to prove that both of you are going to resume your lives at the states if the permanent residence is approved. I would recommend for you to apply for a reentry permit, so you can prove that the intention of your abroad stay was temporary, as is suggested by USCIS itself in its "Maintaining Permanent Residence" section: https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

 

Quote

Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.

 

[Jabsa 0]

Yes i understand that very well. Was concerned about time of interview. We’re planning to move immediately so not worth a re entry since its the last time i would be abroad for long

thank you for your reply!!!!

[Tenreyro 174]

4 minutes ago, Jabsa said:

Yes i understand that very well. Was concerned about time of interview. We’re planning to move immediately so not worth a re entry since its the last time i would be abroad for long

thank you for your reply!!!!

Filing the reentry permit form is worth it if you are going to wait abroad for more than 180 days, and it was you who said that it could take around 6 months for the interview to actually happen, with US systems it's very useful to have a paper backup for the things you say. Better safe than sorry.

 

But maybe I didn't understand your case correctly and you are not planning to abandon you permanent residence in the US. Quoting from the USCIS part about international travel for LPR:

 

Quote

Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence.  While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

 

[Jabsa 0]

Thanks again. This time i’m returing (in a month) from an 8 months trip since during half of my pregnancy I could not travel. I would have a paper for that one from my doc. I’ve been into longer stays without a problem, only some questions. Too late for a re entry for this time, will see when i’m there, they won’t send back a huge pregnant momma lol! they’re understanding somehow;) btw airports are very different and each officer acts differently

[Jabsa 0]

What’s your opinion ? 

[CEE53147 559]

If you are that pregnant, are you sure you will be allowed to fly?

[Illiria 980]

8 hours ago, Jabsa said:

they won’t send back a huge pregnant momma lol! they’re understanding somehow;) 

Well sometimes they do. They do reject heavily pregnant women at the border who are birth tourism with no proof of ability to pay for that birth. 

[Tenreyro 174]

7 hours ago, Jabsa said:

What’s your opinion ? 

My opinion is that you can be received by an agent that can read differently into your situation and could even claim you abandoned US Residency abroad, and came back to take advantage of the system and having your baby as a US citizen. That's worst case scenario. I just truly believe that everyone should always expect the best, but prepare for the worst.

[Jabsa 0]

I will be safe for travel first... and birth tourism is for tourists not residents... have insurance as well..and yeah thanks for all of that . 

[JFH 12,191]

34 minutes ago, Jabsa said:

. and birth tourism is for tourists not residents... 

Indeed it is. However, your biggest hurdle is to present a convincing argument that you are a resident. Being a resident is more than just carrying an unexpired green card in your wallet. From your post you will have been out of the country for 9 months by the time you return and you have been making regular trips overseas. You also say "we are planning to move immediately". How can you be "moving"? You are supposed to be living here already. What have you done to maintain residency here? 

Edited February 10, 2018 by JFH

[geowrian 22,338]

24 minutes ago, JFH said:

What have you done to maintain residency here? 

This is probably the most important question in determining what happens.