Questions about invitation letter to bring my father-in-law to the US

[SusieQQQ 11,587]

17 minutes ago, CitizenJ said:

It's 2019. I say if people want to reside on a cruise ship, let them.

And they can, but they can’t expect to keep green cards if they do. Perhaps you and your wife need to re-read the requirements to maintain lawful permanent resident status. 

[SusieQQQ 11,587]

7 minutes ago, CitizenJ said:

She's currently been out of the US for only 8 months but the vast majority of that time has NOT been on a cruise ship.

It’s not the where that matters, it’s the “out of the US” bit that matters. 

(Actually it would be better from a LPR perspective to have that as a cruise ship, as at least you could argue that the US is the permanent home, which you can’t when the permanent home is actually in China.)

[geowrian 22,338]

I think the cruise ship piece has caused confusion. The issue is they do not have permanent residence within the US, which is a requirement for a permanent resident. While they may not have been given too much of an issue about it yet, that could change at any time - usually with a stern verbal warning the first time. They may be asked to relinquish their green card due to abandonment the next time. Refusal to do so would likely mean a date with an immigration judge to make a determination.

Edited December 12, 2019 by geowrian

[Boiler 45,913]

If they were cruising in US territorial they should  be OK.

[SalishSea 18,073]

19 hours ago, CitizenJ said:

But if I wanted to write a letter anyway, could I do that considering I'm in China with my father-in-law?

Dude: the overarching message you're getting here is that such letters can do more harm than good.  Your in-laws have to apply and interview on their own merits and ties to home.

 

Btw, don't you worry about your wife losing her LPR status?

[CitizenJ 5]

 

3 hours ago, JFH said:

My mother takes a cruise every 6 months. Doesn’t mean that’s her main place of residence. The 5.5 months between each cruise is what determines where she lives. Your wife is skating on very thin ice using a GC to visit twice a year. 

 

Does your mother take cruises in US territory?

Edited December 12, 2019 by CitizenJ

[SusieQQQ 11,587]

1 hour ago, CitizenJ said:

 

 

Does your mother take cruises in US territory?

Some uscis perspective  for you:

 

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. 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.

 

So basically, taking a cruise is fine, living in China isn’t.

Your wife is obviously in no hurry to become a citizen, she’s already broken continuous residence, and obviously her physical presence is an issue too. But first prize is not losing her green card in the first place. When exactly do you intend to permanently move back to the US?

 

Edited December 12, 2019 by SusieQQQ

[SusieQQQ 11,587]

Oh wait. OP knows all this already. Seems like wife already spent a good long time outside, presumably popped back in for a bit after the thread below, and now is doing it again. Fun and games. And wasting everyone’s time when these issues have been dealt with already (I didn’t read past the first couple of posts but these threads all go the same way)

 

 

Edited December 12, 2019 by SusieQQQ

[JFH 12,191]

I used the cruise ship to demonstrate the point that where you spend a few weeks each year on vacation is not your permanent residence. Your wife isn’t a permanent resident of the US any more than my mother is a permanent resident of a cruise ship. My mother lives and works in the UK and twice a year treats herself to a cruise (two weeks in January in the Caribbean and two weeks in the summer in the Med). Your wife is living in China with occasional vacations in the US. That’s not what a GC is for. 

 

But sure, go right ahead and write a letter for government officials and explain that your wife lives in China and uses a GC to vacation in the US and that your father-in-law has strong ties to China because his daughter and son-in-law live there. I’m sure they will be pleased to read about that. 

[Becci391 340]

Be prepared that your wife will get scrutinized by a CBP officer at the US port of entry and that it's VERY likely that she will loose her Green Card status which is only right.

Her chances of them letting her in are slim.

[Going through 5,671]

I think the OP has been having a bit of fun with us the last few posts about the 12 months/cruise ship responses...it's become a joke to them.

 

In all seriousness, though, and considering the US has no exit controls, I'm curious what they are saying to CBP each time whenever/if ever asked "how long were you China for?" upon reentry since she's been doing this repeatedly as OP said.  I'm slightly leaning towards it not being a full disclosure of facts if this has been happening for a couple of years.

 

 

Edited December 12, 2019 by Going through

[NikLR 13,231]

It doesn't matter.  It all comes out in the wash eventually.  Go ahead. Write a letter if yiu think it will help. 

[Downloader 199]

I offer to type the letter myself....No fee.

Your next thread after the storm will be worth it. Let me know. 

🍿🍿🍿

[Lemonslice 4,947]

15 hours ago, Going through said:

I think the OP has been having a bit of fun with us the last few posts about the 12 months/cruise ship responses...it's become a joke to them.

 

In all seriousness, though, and considering the US has no exit controls, I'm curious what they are saying to CBP each time whenever/if ever asked "how long were you China for?" upon reentry since she's been doing this repeatedly as OP said.  I'm slightly leaning towards it not being a full disclosure of facts if this has been happening for a couple of years.

 

 

Exit controls are done through passenger manifests.  Lying is never a good idea, but I know you know that already. 

[LEISEROM 32]

My wifes sister and her husband are coming to the US next week. They are bringing their 9 year old granddaughter. When the granddaughters mother ( my wifes niece) went to the US Consulate in Rio for tourist visa interview she insisted I write such a letter. I did but told her it would basically be ignored. Which it was. By the way she got the visa. They basically wouldnt even look at it. I knew this would be the case but hey if it made them feel better so be it.