UKspouseUSwife

OK Here’s what actually happened at JFK We used the mpc when approaching the immigration line which saved us hours of queuing and put us literally right to the from of the line. The officer took my photo and fingerprints as usual then asked when was I last In US? Said March 2020 left at start of Covid (wasnt gonna lie) I was politely taken to secondary but US Wife was forced to enter the country and wait other side of glass which upset her to be forced to go in alone. Officer asked why been out for so long, said Covid for a year then Wife dealing with medical issues and then we sold a house to help coming here for good (all true and had docs to support) He asked if I’m staying now. Said yes, we just purchased house here yesterday and have documents supporting all this stuff in hand. Didn’t want to see then but just told me if gonna be out for over year get reentry permit, if less than a year will be no problem from now on, stamped my passport and let me through border! Thanks so, so much to everyone on here and the forum owners for the fantastic help and support. I don’t think I would have even thought about just coming and trying it without you all…. We are just on the plane waiting to get off at Las Vegas, Wife excited to see her family after 3 years 6 months away.

Thanks that gives me a lot of encouragement! Will have my US Wife with me too

That's good to know thank you for sharing with me - heard the NTA can take years!!!! Where did you enter and how long were you out for please? Paul

Thank you but I fly to JFK this week so testing the system before you are!!!

Thanks Mike E - I'm certainly not ignoring or questioning your advice, you've been so wonderful to me which I cannot thank you enough for! I'm just trying to be sure of every possible outcome for my arrival and as evidences on here the CBP officers do not always play by the rules and could just make me start the process again and cost me another set of !-130 fees and years of time

Thanks for the reply. But what is the advantage of not signing the 407 if they wont let me in? As I understand it if I cant get in I will have to start the I-130 nightmare again and I cant start that without signing the 407 and waiting for written confirmation of that? I am also not able to get an ESTA at any point without the confirmation also but could get one after starting the I-130 Im told signing the 407 at the border makes it instant instead of having to wait months after sending it in to get written confirmation

Both 'Mike E' and 'many fudge' have replied that I should NOT sigh the i-407 form if challenged at border and told to sign it. How can I not do that if they are insisting I have to or wont let me in unless the only option they give me is a B!/B2 IF a sign I-407? people have said withdrawing from entry application is a bad thing so not sure here? Sorry to go over this again but I want to be sure I fully understand the best thing to do when I get there if not let through at JFK. What about my Wife (Us Citizen and UK Citizen) should she go up to booth with me as my sponsor? Dont want to get in situation where shes past the border and Im not as we obviously want to remain together whether granted into US or unfortunately on flight back to UK, should she hang back from border until I get through? Thanks again guys, getting closer now.......yikes

I wouldn't dream of lying at all, I just meant wouldn't being out so long already go against any success in getting a re-entry permit?

Thanks "OldUser" I spoke to an American Attorney at the firm Mike E mentioned - Flynn Hodkinson Ltd., not Janie Flynn herself - the Lady he mentioned, but another Senior Partner and a member of AILA, a member of New York State Bar and serves on the EMEA Rome District Chapter’s Government Liaison Committee

LOOKING AT THE I-131 FORM PART 5 ASKS HOW LONG IVE BEEN OUT OF US WHILE HAVING A LPR TO WHICH I WOULD HAVE TO TICK THE BOX "3 TO 4 YEARS RIGHT NOW, WOULDNT GOING THIS OR MAKING THIS FOR 2 YEARS LOOK REALLY BAD ON TOP OF THE 3 /12 YEARS iVE BEEN OUT ALREADY? CAN THAT TAKE THINGS FURTHER WITH THIS APPLICATION AND GET MY LPR REMOVED OT SOMETHING?

Thanks yet again Mike E but the last reddit comment doesnt sound encouragin only a month ago! "They do, but don’t have anyone working on the booth for it… so I have to go on the normal line"

Thanks for the response - are you on a LPR card? I wont be on Global Entry as not had the interview etc and that could do more harm at moment but will try the MPC as suggested, anyone know what the questions are they ask on MPC - hopefully not "how long have you been out of US!!!

That link says you still have to see a CPR Will I still have to go through the processing lines if I use MPC? Yes, travelers will still be processed by a CBP officer. Travelers using MPC will be directed to a specific processing lane for a streamlined entry process.

Thanks so much for all this guys, really giving me hope I can fix this. I actually contacted many immigration lawyers yesterday in UK before my initial post and two were kind enough to give me a free ten minute consultation today. They mirrored what you have been saying in that I have two options:- A) Don't fly next week, cancel the green card on a I-407 then when confirmation received of that then re-apply with a new spouse visa staring the whole awful process and am advised its taking up to 2 years at present? B) Get on the flight to JFK and see what happens, Don't say anything to officer about any of this this unless asked. Take proof of intent to remain such as our US tax returns, proof of the new house purchase, proof of rental property in USA, SSN, interviews arranged for work/courses, tell them fact I have no clothes in suitcase as have all life there, marriage certificate (US citizen spouse will be with me), return flight showing over 6 months later, proof of US funds and UK funds, proof of what I've been doing in UK to liquidate assets (building control completion notices for my UK houses) Anything else you suggest? I have an old US driving licence which expired in 2012? They then saying worst can happen, is I'm not allowed in but DONT get a refusal on my record, in that case just tell them I want to withdraw my application to enter, turn around and go get a flight home - reverting unfortunately to option "A" above 😞 One said if I get an NTA that could take years to get a Judge decision and I would effectively be stranded in USA until this happens? They say however a refusal or completing a I-407 doesn't have any detrimental effect on a future application? Same one also said I may not be allowed to board in UK by Airline check in Staff - Any advice if that happens? Ask for Supervisor? I've printed off the guidance issued to Airlines by USCIS (thanks Mike E). One thing I don't understand amongst all the advice you kindly have given is to NOT sign I-407 if totally refused entry - I get it from the point that I would be lying If I declare " I have no intention of permanently residing in the US" or declare that I "already abandoned my prior LPR status by leaving the United States intending to make my permanent home abroad" neither of these are true as I fully wish to continue my residency and make USA my permanent home there and if refused entry I would be applying again asap. But if I complete the 407 at the border it seems its done with immediately, there and then instead of having to sent it to the US upon return to start "A" and then wait for confirmation of it before either visiting on an ESTA or completing another 1-130 which I'm told I can return on an ESTA while that is processed? Am I correct? Can I ask for a Supervisor at border if entry is refused? Would you make conversation with Border Staff or simply "say hello how are you?" and present the green card (and UK passport?) I don't know if there are Automatic booths at JFK but if get the chance would I be better trying to enter on these rather than seeing a person? I will 100% let you know how I get on, which Ive seen is seldom done on here. Im so so worried that it seems to be down to who I get that day at the border and so annoyed that we made such a mess of this! Thanks so much yet again Paul

Sorry just trying to get my head around this 100% Are you saying doing the following would jeopardize my chance of naturalisation in three years time after I have met the requirements of time in USA over the last few years? Everything we've read states "physical presence" and "continuous residence" refer to the LAST THREE YEARS PRIOR TO SUBMITTING the N-400 3 years. And my intention was to start the three year process on that basis - wanted some time in UK to get things tied up here and sold, If I can get in next week I was planning to stay there from next week till March 28th then come back for few months to get a house ready to sell then return and do another 7-8 months in usa then come back to tie up more Uk stuff then stay return to USA and do my last period and then fill in the N-400 and remain there till get the interview. All the time making sure Im in the US for a marked majority portion of the year to meet the N-400 requirements

Thanks Mike, When you say do not leave for three years - I can leave back to UK over the next three yearsas long as majority of year is in US right? 'What would I need to say to the immigration guy upon entry, would I need documents to back up my case and wont I risk being sent home? Will this affect my 3 year naturalisation application in any way if I start the three year term from now?

Thanks for the quick replies - are you suggesting I get on the flight I have booked for next week ??? - my return flight isnt until March 28 2024 - point of entry is JFK, not final destination which is Las Vegas you are not suggesting I get an ESTA I assume? I thought about changing my return flight to meet the ESTA 90 day? Wont I risk being denied entry and get returned with a black mark against my records which will cause we more problems? thanks again Paul

Got a BIG problem, my first post and desperate for help! I'm the Husband of US citizen, we married in 2012 and got my US Citizen Wife settled in UK and obtained her UK citizenship and passport. We much later then applied for a US spouse visa in 2018, got my green card (LPR) in 2019 and moved to USA in August 2020, with the intent to spend the required more than 50% of the next 3 years there to meet naturalization requirements and then apply for my Citizenship, I also got my social security card. We left the US to return to UK in March 2020, after 8 months presence, then intended to go back in less than 6 months to start the 2nd year of the process - THEN COVID HIT so we were unable to return as planned. We VERY STUPIDLY were completely unaware of the rule where being out of the US more than a year is a problem and we haven't been back to USA since, due firstly to COVID lockdown (which held us out of the US for more than a year anyways) then more recently decided to work on releasing some of my property in UK ready to move to US. Without realising this would be a problem, we are booked on a flight to USA next week, intending to stay just over six months, thinking we could just restart the naturalization process when we just discovered this problem yesterday. We are also just about to finish buying a house in USA in the next couple of days. which was the reason for going now, to work on that (background = we bought a small condo in US in 2020 as our main residence and have owned several rental properties there which we bought in 2008, we recently sold two of the condos which is paying for the new house which is to be our new main residence and we will then sell the small main residence condo once remodelled) We have been filing joint US taxes on the rental condos income since I got my green card and FBARs for any UK income earnt while there (we work freelance in UK on short term contracts) What would be the best way forward for us now? I realise we cannot make the flight next week without severely risking my refusal at POE with LPR. We have hastily booked an SB-1 appointment at the London Embassy tomorrow, but after then looking at the only valid reasons for approval such as medical incapacity I cannot see me being successful, as we didn't try to go back to US straight after COVID, didn't apply for a re-entry permit and have now been out of US over 3 years, also looking at the horror stories online with SB-1 interviews and people being banned after, I think it could do us more harm than good? After researching online till 4am this morning, I think I may need to complete a I-407 form officially renouncing my green card, wait for confirmation of that then reapply again with a new I-130? spouse sponsorship. Do I actually need to complete the I-407 and return the green card as some say its deemed as renounced by the period of absence? Surely I have to give the card back? Some sites suggest getting an ESTA then renouncing the green card upon entry with border officer if they require it after explaining the situation? but I dont want to cause myself any problems or risk of getting a denial of entry, a ban etc. If I do complete the form to renounce, am I able to go to US on an ESTA, to visit Wifes family and put some security in the new house BEFORE receiving the I-407 confirmation? - I understand I can go on ESTA during the spouse visa new application process. Does anyone have any experience going to the US on an ESTA without the I-407 confirmation, during the I-130 process or even not sending the I-407 at all I can prove ties to US with houses, tax filing etc, Wifes bank accounts, my social security card - can that help me? Any urgent advice would be a godsend, even if you can refer me to an expert to help? Can believe I've screwed up after all the hassle getting my permanent resident card a few years ago...... Thanks so much Paul