Green card abandonment concern for wife and family of US Govt employee working overseas

[Elliott & Dora 8]

I am concerned about abandonment of my families LPR status. I am retired US Army and currently working for the Department of the Army in South Korea on official orders. All of my family are listed on my official orders to reside with me. My family migrated from Colombia to South Korea directly in May 2021 and has never lived in the US for any amount of time. I filled I-130 forms in May 2022 and we interviewed at the US Korean embassy in July 2023. In August 2023 we visited Guam from Korea to activate the visas to obtain the I-551s. The I-551s were delivered to my military address here in Korea in Sep 2023. My family has been living with me here since that time with no extended stays more than a week in continental US. I have already filled for naturalization for my spouse under the 319B program. From a few things I have been told and read that living with a "sponsor" while working overseas in an official capacity is viewed as the same as residing in the US. Upon a visit the US recently my wife was informed she needs a re-entry permit due to her extended absence. She notified the agent that I worked for the US government and showed her the relevant paperwork. The agent wanted to fine her and noted her account of her extended absence. What I need help with is what are the rules governing US government employee families about LPR abandonment? Which codes in the CFR or other manuals I can use to educate myself and the agents in case we need it for our next visit to the US.

[Dashinka 24,493]

This is what I found on the website of the U.S. Embassy in Japan.  This applies across the board.  It seems your wife met with an overly excited CBP officer.  There should be no fines, and it will all go away when her naturalization is finalized.  If she encounters this again while she is still an LPR, she should ask to see a CBP supervisor.

 

Good Luck!

 

U.S. government personnel (military and direct-hire civil service employees) and their spouses and minor children who hold Lawful Resident status of the United States may remain outside of the United States for the duration of an official overseas assignment plus four months without losing their resident status. Exceptions exist for family members of military service members.

 

https://jp.usembassy.gov/visas/immigrant-visas/green-card/maintaining-permanent-resident-status/#:~:text=U.S. government personnel (military and direct-hire civil service,plus four months without losing their resident status.

[Elliott & Dora 8]

This is what I found also but I was looking for where the embassy found this rule. I would like to have something to show in the instance we have another over zealous CBP officer. But I will also pass the advice of asking for a supervisor.

[Dashinka 24,493]

1 hour ago, Elliott & Dora said:

This is what I found also but I was looking for where the embassy found this rule. I would like to have something to show in the instance we have another over zealous CBP officer. But I will also pass the advice of asking for a supervisor.

Is this what you are looking for?

 

Good Luck!

 

A Form I-551, whether or not expired, presented by a civilian or military employee of the United States Government who was outside the United States pursuant to official orders, or by the spouse or child of such employee who resided abroad while the employee or serviceperson was on overseas duty and who is preceding, accompanying or following to join within 4 months the employee, returning to the United States; or

 

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-211/section-211.1

[Elliott & Dora 8]

Yes this is exactly what I needed. I will print a copy and have my wife carry it with her on her next entry into the US.

 

I appreciate the help.