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Re-entry into US

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Filed: K-1 Visa Country: Wales
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That is after Customs assuming you have an internal flight.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yes the wife should surrender her green card. She is not living in the USA and that is the purpose of the green card. Unless they have a valid re-entry permit and plan on living in the USA again in the next 2 years, surrendering her green card is exactly what she should do. Doing so will actually make it easier to get a visitor visa. Customs is exactly where they ask you what is the purpose of your stay etc.. Customs = CBP = US border patrol

the border agent admit your entry , the customs guys check your bags. TSA screens your bags. I have entered the states with Global Entry 3 times in the past 6 months. One time I got a X and had to go to an agent(machine wouldn't read my green card) , the other two times I got a receipt , so there were not interview with border agent and proceeded to customs.

she could get a reentry permit which would allow her to leave and reenter in 2 years.

Yes the wife should surrender her green card. She is not living in the USA and that is the purpose of the green card. Unless they have a valid re-entry permit and plan on living in the USA again in the next 2 years, surrendering her green card is exactly what she should do. Doing so will actually make it easier to get a visitor visa. Customs is exactly where they ask you what is the purpose of your stay etc.. Customs = CBP = US border patrol

Immigration document check and customs are completely different. People often mistaken customs for immigration check. They are not the same!

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Customs and border protection aka CBP

Check your bags

Check your documentation

https://help.cbp.gov/app/answers/detail/a_id/176/~/cbp-search-authority


https://help.cbp.gov/app/answers/detail/a_id/1040/~/difference-between-u.s.-customs-and-border-protection-%28cbp%29,-u.s.-citizenship


What are the differences between Customs and Border Protection (CBP), Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE)?
  1. United States Customs and Border Protection (CBP) is responsible for protecting our nation's borders in order to prevent terrorists and terrorist weapons from entering the United States, while facilitating the flow of legitimate trade and travel.
  2. United States Citizenship and Immigration Services is responsible for the administration of immigration and naturalization adjudication functions and establishing immigration services policies and priorities.
  3. United States Immigration and Customs Enforcement (ICE), the largest investigative arm of the Department of Homeland Security, is responsible for identifying and shutting down vulnerabilities in the nation's border, economic, transportation and infrastructure security.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: K-1 Visa Country: Wales
Timeline

Common misconception is that a re entry permit absolves you from the other requirements to maintain your residency, OP has clearly stated his wife has abandoned her residency and any trips are infrequent and short as a visitor.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Everboy's baseline worry after leaving the U.S. for an extended period of time as a green card holder is whether or not they will be readmitted at the point of entry...

I have posed the same question just recently because we will be facing it this December when my Stepdaughter tries to come back after a semester in Colombia for University. After having just gotten here in May!

It's a hard question to answer.

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Thanks for the input everybody. Global Entry would be great but it requires an interview and biometrics appointment. We're not living in the US anymore so that wouldn't work. We weren't able to set up a re-entry permit before we left the US.

I guess the smartest thing to do is just give up the green card and get the visa. We can always reapply for residency in the future if we want to move back to the US.

I wouldn't care about giving it up if it hadn't cost so much time and money to get it!

10/01/2010: Engaged
10/29/2010: I-129f sent UPS to TX
11/02/2010: I-129f delivered to TX service center @ 12:13 PM
11/08/2010: Check to Homeland Security cleared
11/13/2010: NOA1 received

04/26/2011: NOA2 received

06/07/2011: Interview date

06/09/2011: Visa received

06/18/2011: US entry

06/25/2011: Marriage

07/28/2011: Employment Authorization Document filed

10/03/2011: EAD approved

10/06/2011: EAD received

09/30/2012: Matthew Jacob born!

08/27/2013: I-751 sent FedEx to Vermont

01/11/2014: New green card received

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I suggest, that if you will be living in Costa Rica that she go to a US embassy there and turn in her green card. She fills out a form and she should get a copy of that so she can use it as evidence that she no longer has immigrant intent to he USA when applying for a visitor visa.

Can she give up the green card during her appointment for the visa? Or should we do that before she has her appointment/interview?

10/01/2010: Engaged
10/29/2010: I-129f sent UPS to TX
11/02/2010: I-129f delivered to TX service center @ 12:13 PM
11/08/2010: Check to Homeland Security cleared
11/13/2010: NOA1 received

04/26/2011: NOA2 received

06/07/2011: Interview date

06/09/2011: Visa received

06/18/2011: US entry

06/25/2011: Marriage

07/28/2011: Employment Authorization Document filed

10/03/2011: EAD approved

10/06/2011: EAD received

09/30/2012: Matthew Jacob born!

08/27/2013: I-751 sent FedEx to Vermont

01/11/2014: New green card received

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Filed: Citizen (apr) Country: Ecuador
Timeline

I'd give it up sooner rather than later.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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  • 2 months later...

OK. We made it back into the US. The official reminded her that she needs to live in the US to maintain her residence and that she should be careful or she will get flagged and need to go before a judge.

Do they track in the system how long she is out of the country?

We have now decided that we want to move back to the US. My wife was planning to go back to Costa Rica for a few months to wrap up some things. We are afraid she won't be able to get back into the US if she does that. How can we prevent that at this point?

10/01/2010: Engaged
10/29/2010: I-129f sent UPS to TX
11/02/2010: I-129f delivered to TX service center @ 12:13 PM
11/08/2010: Check to Homeland Security cleared
11/13/2010: NOA1 received

04/26/2011: NOA2 received

06/07/2011: Interview date

06/09/2011: Visa received

06/18/2011: US entry

06/25/2011: Marriage

07/28/2011: Employment Authorization Document filed

10/03/2011: EAD approved

10/06/2011: EAD received

09/30/2012: Matthew Jacob born!

08/27/2013: I-751 sent FedEx to Vermont

01/11/2014: New green card received

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Filed: K-1 Visa Country: Wales
Timeline

OP has started a thread on this.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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What is OP? Can you direct me to the thread?

10/01/2010: Engaged
10/29/2010: I-129f sent UPS to TX
11/02/2010: I-129f delivered to TX service center @ 12:13 PM
11/08/2010: Check to Homeland Security cleared
11/13/2010: NOA1 received

04/26/2011: NOA2 received

06/07/2011: Interview date

06/09/2011: Visa received

06/18/2011: US entry

06/25/2011: Marriage

07/28/2011: Employment Authorization Document filed

10/03/2011: EAD approved

10/06/2011: EAD received

09/30/2012: Matthew Jacob born!

08/27/2013: I-751 sent FedEx to Vermont

01/11/2014: New green card received

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