6 month rule after getting green card

[Ruben466 4]

Hi my wife received  her green card in June of 2020.  She had to fly back to her home country while the green card was in processing so she doesn’t have the physical card. The plan was for me to fly there with the green card and we were to fly back after she finishes selling her house and transferring funds. Due to covid the whole thing got messed up as travel was hampered and South Africa went into numerous lockdowns due to increasing covid numbers.

so due to the above we missed the 6 month rule fotr when a LPR is supposed to enter usa

will this be an issue? I’m planning on re attempting to go there once the covid cases start decreasing and lockdowns are lifted.

 

are we potentially facing an issue with the green card due to missing 6 months rule? It’s mainly due to covid hardships and nothing we can control. 

[Mike E 11,732]

Read https://www.aila.org/File/Related/18110604b.pdf

 

She should get her green card and board a flight to USA.  
 

Refuse to  sign I-407

 

Worse case she ends up in immigration court.  By which time she would have accumulated evidence of residency in the USA.
 

Has she been filing tax returns? This can reduce the trauma. 
 

Often CBP just lets the LPR in without comment. 

 

Note that I think filing SB-1 is both a waste of time and likely to fail.  
 

Also what is the “resident since “ date on her green card?

Edited December 4, 2021 by Mike E

[Boiler 44,824]

Agree, nothing to stop her getting on the next plane.

[Okboy 43]

2 hours ago, Ruben466 said:

Hi my wife received  her green card in June of 2020.  She had to fly back to her home country while the green card was in processing so she doesn’t have the physical card. The plan was for me to fly there with the green card and we were to fly back after she finishes selling her house and transferring funds. Due to covid the whole thing got messed up as travel was hampered and South Africa went into numerous lockdowns due to increasing covid numbers.

so due to the above we missed the 6 month rule fotr when a LPR is supposed to enter usa

will this be an issue? I’m planning on re attempting to go there once the covid cases start decreasing and lockdowns are lifted.

 

are we potentially facing an issue with the green card due to missing 6 months rule? It’s mainly due to covid hardships and nothing we can control. 

Covid lockdowns? People have been flying in from South Africa all this while. 

[Just Paul 4,594]

9 hours ago, Ruben466 said:

It’s mainly due to covid hardships and nothing we can control. 

Your wife could have returned to the US anytime while her visa is a green card for one year. Since it is been well over a year look at a SB-1 visa.

[Just Paul 4,594]

9 hours ago, Ruben466 said:

so due to the above we missed the 6 month rule fotr when a LPR is supposed to enter usa

There is no such rule.   She may remain out of the US for upto a year without the assumption that she has abandoned her residence.

[aaron2020 11,651]

10 hours ago, Ruben466 said:

Hi my wife received  her green card in June of 2020.  She had to fly back to her home country while the green card was in processing so she doesn’t have the physical card. The plan was for me to fly there with the green card and we were to fly back after she finishes selling her house and transferring funds. Due to covid the whole thing got messed up as travel was hampered and South Africa went into numerous lockdowns due to increasing covid numbers.

so due to the above we missed the 6 month rule fotr when a LPR is supposed to enter usa

will this be an issue? I’m planning on re attempting to go there once the covid cases start decreasing and lockdowns are lifted.

 

are we potentially facing an issue with the green card due to missing 6 months rule? It’s mainly due to covid hardships and nothing we can control. 

There's no 6 months rule.

 

An LPR who is outside the US for 6-12 months is presumed to have abandoned their LPR status.  An LPR who is outside the US for more than 12 months is deemed to have abandoned their LPR status.

The restriction on SA only started a week ago.  Your wife has had plenty of time to fly since there have been commercial flights from SA to the US for most of the last 2 years.  

 

How long has your wife been outside the US?

[retheem 562]

Get on the next plane to the US and do not sign anything.

[African Zealot 1,454]

Just let her come. The vast majority (including people I know) are able to return without immigration even batting an eyelid. I wouldn’t spend a dime on SB 1. Finally because South Africa has been particularly hard hit by Covid and allegedly the source of new variants, even if her long period away comes to their notice every reasonable immigration officer would understand her hunkering down there.

 

Just come!

[Corey911 37]

20 hours ago, Boiler said:

Agree, nothing to stop her getting on the next plane.

She doesn't have a green card on her, does it matter when boarding?

[iwannaplay54 985]

21 hours ago, Ruben466 said:

Hi my wife received  her green card in June of 2020.  She had to fly back to her home country while the green card was in processing so she doesn’t have the physical card. The plan was for me to fly there with the green card and we were to fly back after she finishes selling her house and transferring funds. Due to covid the whole thing got messed up as travel was hampered and South Africa went into numerous lockdowns due to increasing covid numbers.

so due to the above we missed the 6 month rule fotr when a LPR is supposed to enter usa

will this be an issue? I’m planning on re attempting to go there once the covid cases start decreasing and lockdowns are lifted.

 

are we potentially facing an issue with the green card due to missing 6 months rule? It’s mainly due to covid hardships and nothing we can control. 

She has been out since before June of 2020?

A green card allows her to stay out for up to 12 months.  Stays longer than 6 months are presumed to be a break in residency.  This looks like a stay of almost a year and a half.

Still married?  My recommendation is SB1 returning resident visa.  Prepare to explain “circumstances outside of her control” to the CO.

Edited December 5, 2021 by iwannaplay54

[Mike E 11,732]

26 minutes ago, Corey911 said:

She doesn't have a green card on her, does it matter when boarding?

Without a green card the airline isn’t supposed to board her. Assuming she can talk her way on board (winning power ball is more likely) she will be admitted after a long stay in secondary and possibly being required to file I-193 and pay the fee.  
 

And to reiterate, SB-1 is a waste of time and money. And the delay will just make it worse.  
 

Get the  green card in hand (it exists) and come home.  It’s that simple. 

Edited December 5, 2021 by Mike E

[Corey911 37]

Just now, Mike E said:

Without a green card the airline isn’t supposed to board her. Assuming she can talk her way on board (winning power ball is more likely) she will be admitted after a long stay in secondary and possibly being required to file I-193 and pay the fee.  

Yes, that's my point, airline gate worker is hard to talk to,  airline will be taking risks to fly the passenger back

[Boiler 44,824]

I551 Stamp in Passport

[Mike E 11,732]

1 minute ago, Corey911 said:

Yes, that's my point, airline gate worker is hard to talk to,  airline will be taking risks to fly the passenger back

She won’t even get to the gate.
 

Good thing she has a green card in the USA waiting for her to clutch and that we have couriers who can deliver it assuming her spouse is not willing to do so. 

Edited December 5, 2021 by Mike E