Do GC spouses need a re-entry permit?

[123winnie 2]

I’ve been outside the US for 2 years with my DOD civilian employee husband on orders. I had a consultation with a lawyer and he advised me to travel back to the US to get a reentry permit, because we’ve been out of the states 2 years and plan 1 more year. Is this correct? I have a 10 year GC, we didn’t get married overseas we were married in the US in 2019

Edited December 30, 2023 by 123winnie

[Dashinka 24,488]

It is not a bad idea to get a re-entry permit, but I am not sure it is required if you are listed on your spouse’s official orders.  I think you may also be able to naturalize.

 

Good Luck!

 

 (U) Spouse and Children of U.S. Armed Forces Members or U.S. Government Civilian Employees Stationed Abroad:

(a)  (U) The LPR spouse or child of a civilian or military employee of the U.S. Government outside the United States pursuant to official orders, who has resided with such employee abroad, does not require a visa if:

(i)     (U) The spouse or child possesses a valid or expired Form I-551;

(ii)    (U) Has gone abroad accompanying or following-to join such a spouse, or married the U.S. Armed Forces member or U.S. Government employee while abroad, even if the LPR has been abroad more than 1 year, provided they would have been eligible to receive a visa as a returning resident at the time the marriage occurred;

(iii)    (U) Resided abroad while the employee or service person was on duty abroad; and

(iv)   (U) Is preceding, accompanying, or following to join the employee or service person (principal) to the United States; and

(b)  (U) In interpreting the provisions of 8 CFR 211.1(b)(1) waiving the visa requirement for the spouses and children of Armed Forces members or U.S. Government civilian employees serving abroad, the Department of Homeland Security (DHS) has held that:

(i)     (U) The spouse or child need not physically accompany the Armed Forces member or civilian employee to benefit from the visa waiver if the LPR is preceding or following-to-join the member or employee;

(ii)    (U) An LPR who does not physically accompany the Armed Forces member or employee to the United States must possess evidence that they are the spouse or child of a member or employee who was stationed abroad on official orders and that the spouse or parent was previously lawfully admitted for permanent residence; and

(iii)    (U) To benefit from the waiver, it is not material whether the member or employee was discharged abroad, or whether the spouse or child is residing in a country different from that in which the principal is stationed, provided all other criteria for the waiver are met; and

 

https://fam.state.gov/fam/09FAM/09FAM020202.html

[123winnie 2]

15 minutes ago, Dashinka said:

It is not a bad idea to get a re-entry permit, but I am not sure it is required if you are listed on your spouse’s official orders.  I think you may also be able to naturalize.

 

Good Luck!

 

 (U) Spouse and Children of U.S. Armed Forces Members or U.S. Government Civilian Employees Stationed Abroad:

(a)  (U) The LPR spouse or child of a civilian or military employee of the U.S. Government outside the United States pursuant to official orders, who has resided with such employee abroad, does not require a visa if:

(i)     (U) The spouse or child possesses a valid or expired Form I-551;

(ii)    (U) Has gone abroad accompanying or following-to join such a spouse, or married the U.S. Armed Forces member or U.S. Government employee while abroad, even if the LPR has been abroad more than 1 year, provided they would have been eligible to receive a visa as a returning resident at the time the marriage occurred;

(iii)    (U) Resided abroad while the employee or service person was on duty abroad; and

(iv)   (U) Is preceding, accompanying, or following to join the employee or service person (principal) to the United States; and

(b)  (U) In interpreting the provisions of 8 CFR 211.1(b)(1) waiving the visa requirement for the spouses and children of Armed Forces members or U.S. Government civilian employees serving abroad, the Department of Homeland Security (DHS) has held that:

(i)     (U) The spouse or child need not physically accompany the Armed Forces member or civilian employee to benefit from the visa waiver if the LPR is preceding or following-to-join the member or employee;

(ii)    (U) An LPR who does not physically accompany the Armed Forces member or employee to the United States must possess evidence that they are the spouse or child of a member or employee who was stationed abroad on official orders and that the spouse or parent was previously lawfully admitted for permanent residence; and

(iii)    (U) To benefit from the waiver, it is not material whether the member or employee was discharged abroad, or whether the spouse or child is residing in a country different from that in which the principal is stationed, provided all other criteria for the waiver are met; and

 

https://fam.state.gov/fam/09FAM/09FAM020202.html

thanks!

 

what does this part mean ‘provided they would have been eligible to receive a visa as a returning resident at the time the marriage occurred;’ ?

 

when we got married I had entered the US on a K1 fiancé visa 

 

 

also sadly im no longer eligible for naturalisation because my husband has less than 1 year left on his orders.

Edited December 30, 2023 by 123winnie

[Dashinka 24,488]

2 hours ago, 123winnie said:

thanks!

 

what does this part mean ‘provided they would have been eligible to receive a visa as a returning resident at the time the marriage occurred;’ ?

 

when we got married I had entered the US on a K1 fiancé visa 

 

 

also sadly im no longer eligible for naturalisation because my husband has less than 1 year left on his orders.

I believe that references the SB-1 returning resident visa.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

[Margo2017777 90]

On 12/30/2023 at 3:58 AM, 123winnie said:

I’ve been outside the US for 2 years with my DOD civilian employee husband on orders. I had a consultation with a lawyer and he advised me to travel back to the US to get a reentry permit, because we’ve been out of the states 2 years and plan 1 more year. Is this correct? I have a 10 year GC, we didn’t get married overseas we were married in the US in 2019

Hey. Could you please update if you entered U.S without or with problems? I am on same situation and i do not have a clear understanding if i need re entry permit.

[123winnie 2]

8 hours ago, Margo2017777 said:

Hey. Could you please update if you entered U.S without or with problems? I am on same situation and i do not have a clear understanding if i need re entry permit.

I am not due to return to the US for a while so I haven’t reentered yet however it won’t be a problem as I’m on orders. 

 

If your spouse is a civilian direct hire federal employee (US citizen) and you’re listed as a dependent on their official OCONUS orders you will be fine for the time outside the US on orders. You don’t need a reentry permit. I actually replaced my lost green card while I’m overseas on orders and sent a copy of the orders to USCIS so they’ve got them. 

[Margo2017777 90]

37 minutes ago, 123winnie said:

I am not due to return to the US for a while so I haven’t reentered yet however it won’t be a problem as I’m on orders. 

 

If your spouse is a civilian direct hire federal employee (US citizen) and you’re listed as a dependent on their official OCONUS orders you will be fine for the time outside the US on orders. You don’t need a reentry permit. I actually replaced my lost green card while I’m overseas on orders and sent a copy of the orders to USCIS so they’ve got them. 

Thank you! At the moment i am also looking for applying for citizenship as I understand that I might be eligible for it. 

[123winnie 2]

25 minutes ago, Margo2017777 said:

Thank you! At the moment i am also looking for applying for citizenship as I understand that I might be eligible for it. 

Yes under 319b I believe