Can he come back?

[John Smyth 0]

My brother brought my wife's sister (A) and her son (G) over to the U.S. from the Philippines with a fiance visa in 2011, but the marriage didn't work out and she took her son back to the Philippines in 2015. Now, her son, (G), wants to come back to the U.S., either to visit or to stay and go to school, but we don't know if he can, since he's been away for about 7 years, through no fault of his own. His green card and passport are still valid. What are his options? I don't think we'll get much help from my brother. He says thinking about them stresses him out. They are still legally married, but (A) has a life in the Philippines and doesn't want to come back here, but she's willing to accompany (G) on the plane ride if necessary. (G) has a lot of family here in the U.S., and has more coming here soon. Just wondering if he has any options at all. Thanks.

[milimelo 4,532]

So did they ever get green cards? 

[Mike E 11,742]

How old is the son?

 

See 

In the above the gc holder was gone 9 years and re-entered the USA without incident.  
 

Things that can happen if he attempts to fly home to the USA on his gc:

 

1. nothing.  He is admitted   as a returning resident and can resume his life as an LPR 

 

2. he is considered to have abandoned his LPR status.  He will then have choice of filing I-407 to abandon his green card -and being admitted as a visitor, or contesting the finding of abandonment. If the latter, his physical gc might  be taken, and a temporary I-551 provided.  He will able to work, study, travel on this temporary I-551 while he awaits immigration court to defend his gc.  See https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case

 

Given he just wants to visit, he should just fly home.  

[Ontarkie 14,341]

~~Moved to General Immigration Discussion, from K1 P&P - as this is no longer a K1 Visa process~~