need veterans and newbies alike for some serious help & advice

[xlecilia 0]

so i married my USA husband in 2015, moved to the usa we did the visa's lived out lives i did removal of condition's and we have been married for around 8 years have a son together who's about to be four in June, I LEFT LAST may with our son to go back to the UK as i missed my family it had been years since i saw them my mother's health has gone to ####### & my grandmother well her time was numbered. Me & my husband were having problems at the time so i didn't think to much on it or how long i was in the UK for, and had no idea about the one year rule we have finally worked through all out problems & well were still married never got the divorce ect, And well he wants us to come back which i agreed to because we never really fell out of love, But her is the problem i have been outside the USA now just over a year, so i heard because of that i technically dont have my permanent residence anymore or has anyone else had this problem & what visa's or what do we even need to reply to, for me and our son to well get back to out life out there?

[Crazy Cat 41,731]

If you have an unexpired Green Card, just get on a plane and return to the US....now.

Edited April 15 by Crazy Cat

[xlecilia 0]

i do, it doesnt expire until 2028 & ive already stayed over a year & i have to stay for atleast another 2-3 months as my mother needs the help, shes under disability ect now, any advice like i said i had no idea about this one year rule ect ?

[Ontarkie 14,198]

~~Moved to Working and Traveling, from Bringing Family of USC- the OP still has an unexpired GC.~~

[Crazy Cat 41,731]

11 hours ago, xlecilia said:

i do, it doesnt expire until 2028 & ive already stayed over a year & i have to stay for atleast another 2-3 months as my mother needs the help, shes under disability ect now, any advice like i said i had no idea about this one year rule ect ?

The sooner you return to the US, the better.  Get on a plane and return as soon as you can.  

Edited April 16 by Crazy Cat

[xlecilia 0]

will they even let me back in, if its been over a year as its been a year and what 2 months ? & if not what do we have to apply for or pay for to get me back there?

[xlecilia 0]

like have tried USCIS and contacting them and the embassy in London and neither are helpful since i can never speak to an agent & always get a bot who just links me to random stuff.

[xlecilia 0]

so i married my USA husband in 2015, moved to the usa we did the visa's lived out lives i did removal of condition's and we have been married for around 8 years have a son together who's about to be four in June, I LEFT LAST may or around then with our son to go back to the UK as i missed my family it had been years since i saw them my mother's health has gone to ####### & my grandmother well her time was numbered. Me & my husband were having problems at the time so i didn't think to much on it or how long i was in the UK for, and had no idea about the one year rule we have finally worked through all out problems & well were still married never got the divorce ect, And well he wants us to come back which i agreed to because we never really fell out of love, But her is the problem i have been outside the USA now just over a year, so i heard because of that i technically dont have my permanent residence anymore or has anyone else had this problem & what visa's or what do we even need to reply to, for me and our son to well get back to out life out there? permanent residence green card expires 2028

What visa's do we need or what does my husband or myself even need to file to get back? 
i have tried calling USCIS but always get stuck with the bot and the embassy in UK doesn't help either??
I posted this under family based, Because he's going to be filing to get us back and we have no idea what visa's or forms to even file for right now ?

[powerpuff 6,651]

Duplicate threads merged. Do not post on a topic more than once.

 

29 minutes ago, xlecilia said:

What visa's do we need or what does my husband or myself even need to file to get back? 
i have tried calling USCIS but always get stuck with the bot and the embassy in UK doesn't help either??
I posted this under family based, Because he's going to be filing to get us back and we have no idea what visa's or forms to even file for right now ?

You were already given best advice above. Stop calling USCIS and the embassy, it’s a waste of time. Get on a plane to the US. There are no visas or anything else needed. You’re not helping yourself by continuing delaying buying a ticket. BY LAW lawful permanent residents cannot be refused entry. Cbp might pressure you to sign I-407 but they CANNOT force you to, as I said by law they have to admit you. They can refer you to the immigration court but that’s highly unlikely given that you’re only gone for a year. There are some people who were out for years and successfully returned. Please do yourself a favor and book that ticket to the US right now. 

[Redro 4,611]

When i entered the US in 2022, there was a man being questioned about why he had been outside the US for so long (more than 4 years IIRC)… he was let in… Another UK citizen was going to enter the U.S. on ESTA (for her and her USC son) after being outside the US for more than a year and came in with her son with no issue. Just come back to the US… sad to say, you’re from the UK you probably won’t get any pushback for being out of the country for so long… 

[xlecilia 0]

okay thank you so much guys, sorry i wasnt trying to go over any ones advice the websites and official sites are like not clear on this stuff and all stated if i was gone longer than a year im considered to have abandoned my status! so i was in a full blown panic about what to do, i have only been gone this long because of my mother as i stated in the original post, shes been hospitalized alot, i will be booking a ticket now for next month as its the earliest i can afford for me and my son.

[Redro 4,611]

3 minutes ago, xlecilia said:

okay thank you so much guys, sorry i wasnt trying to go over any ones advice the websites and official sites are like not clear on this stuff and all stated if i was gone longer than a year im considered to have abandoned my status! so i was in a full blown panic about what to do, i have only been gone this long because of my mother as i stated in the original post, shes been hospitalized alot, i will be booking a ticket now for next month as its the earliest i can afford for me and my son.

Read this entire thread:

similar situation. No questions asked after long absence. And it was not a son it was a daughter…