Best evidence in my situation?

[v333k 59]

The bigger issue here is not the evidence, I think it is the fact that he/she was not a resident of the United States for at least 18 months in the past 24 month period. They have a clause somewhere which explains residency compliance and the meaning of a resident for conditional residents. That's why some people have done a second AOS and got another GC that way. USCIS might consider the OP as if he/she abandoned their residency and therefore no longer a legal resident.

birdyconfused - did you apply for reentry permit?

[Chica Yeyé 41]

The bigger issue here is not the evidence, I think it is the fact that he/she was not a resident of the United States for at least 18 months in the past 24 month period. They have a clause somewhere which explains residency compliance and the meaning of a resident for conditional residents. That's why some people have done a second AOS and got another GC that way. USCIS might consider the OP as if he/she abandoned their residency and therefore no longer a legal resident.

birdyconfused - did you apply for reentry permit?

True indeed. I was assuming the OP has a reentry permit. If she does not, she is in for a rude awakening

[v333k 59]

Excuse me, what exactly is your problem. This is an upper forum --- comments like yours are NOT welcome. Reported.

Agree - thanks for doing that! This forum is for people who are needing help - not to make a mockery of!!!

[Kathryn41 3,205]

Unacceptable posts ridiculing the OP have been removed. This is the Immigration Forums. Comments that might be allowed in Off Topic are totally unacceptable here. Anyone continuing to post Off Topic type of comments in this thread will face administrative action.

[birdyconfused 0]

Dear All

(please note that I am using my wife's id for this post)

Thanks for your kind replies and comments. Let me clarify further as following:

First time I visited along with my USC wife on CR-1 in March 2008 and left after about 3 weeks. Then I visited states in march 2009 alone and left again after 3 weeks. The immigration officer didnt bother much about where had I been for last 11 months. He only asked what I been doing for last 11 months and I told him that I had to be overseas in order to finish some business. He looked me up on computer for couple of minutes and then let me go. Therfore Reentry permit, i believe is not required for me.

This time I am travelling with my USC wife who is 6 months pregnant and my 2.5 yrs old son who is also a USC. We intend to move to USA permanently this time.

The situation is that we do not have anything active in our joint names coz we never really felt a need of that; though we have a bank account in the UK which havent been used for last 1.5 yrs which we opened when got married. My wife uses my credit cards when she needs. We have a property in her name. Trust and dependency between is awsome.

Apart from other thing I mentioned earlier I can also transfer about 20 thousand dollars in our joint account to be when we move. In addition my son's birth certificate has both our names on it. The baby to be born will also have our names on his/her certificate. We have marriage certificate, wedding pictures, holiday picturs, family pictures and affidavits from our families including our parents won't be any problem.

Moreover I am 31 and have a PhD; thats not relevant to the evidence of our relationship but might be helpful as US is too eagar to retain young people with high qualification.

So what does the picture look like?

Regards

PS: By the way when I entered the USA in 2008, our marriage was already 2 and yrs old. I thought I that I should have been given 10 yrs card and visited nearby USCIS office to get advice on this. The person who attended me was very rude and told me that when you were approved you marriage was less than 2 yrs old, therefore you have been given a conditional GC. I didnt pursue the matter further coz I had to leave. Would you please like to comment on this. (if it is debatable, should I post it in a separate thread?)

[sachinky 464]

When are you planning to re-enter the U.S.?

Until you are allowed entry at POE, assuming the CBP doesn't consider you to have abandoned your LPR status, all of this is conjecture at this point.

Your USC SO can come and go as they like.

Build up your bonafides/evidence but also consider the possibility that you might have to go for a IR-1.

Good luck.

Edited December 29, 2009 by sachinky

[Penguin_ie 5,986]

I still think you should submit evidence of your joint relationship abroad when removing conditions, but with two kids and having lived together for several years, I doubt the relationship evidence will be a big problem for you even without joint bills, as you will have photos, the kids' birth certs and more.

That being said, the replies you got from others are correct and should concern to you- do not dismiss them! Even though you got away with it once, you are not supposed to have lived abroad for so long, and so you have two hurdles to overcome: getting into the USA again (border officer may deny you), and being aproved for removal of conditions even though you were not residing in the USA for the last two years.

[birdyconfused 0]

Does anyone of such an example where a person on CR-1/IR-1 had been away from USA for less than 12 months and denied entry? If denied entry, is there any appealing procedures?

I haven't clearly understood "also consider the possibility that you might have to go for a IR-1.". Do mean going through the whole process again?

When are you planning to re-enter the U.S.?

Until you are allowed entry at POE, assuming the CBP doesn't consider you to have abandoned your LPR status, all of this is conjecture at this point.

Your USC SO can come and go as they like.

Build up your bonafides/evidence but also consider the possibility that you might have to go for a IR-1.

Good luck.

[sachinky 464]

If I were you, I wouldn't be worried about the bonafide evidence. Sounds like you got that covered.

Your two concerns are:

1) Being let into the U.S. without a re-entry permit -- If denied, my best guess is that you would have to file for an IR-1. So yes, you'd have to go through the whole process again.

2) Say they let you in with a serious warning. Your next concern would be to file for ROC. This could possibly go eitherway. You could be approved because of your strong evidence. Or it might be denied based on the fact that you were out of the U.S. for nearly 18 months of your two year conditional GC--a sign that USCIS sees as you not being really serious about being a U.S. PR. In that case, my guess is that you could file for AOS.

Can anyone confirm this?

Again, when are you planning on entering the U.S.? Until you do so, you won't know for sure which way to go.

Edited December 29, 2009 by sachinky

[payxibka 10,044]

Does anyone of such an example where a person on CR-1/IR-1 had been away from USA for less than 12 months and denied entry? If denied entry, is there any appealing procedures?

I haven't clearly understood "also consider the possibility that you might have to go for a IR-1.". Do mean going through the whole process again?

If you are denied entry..... Your path to return is called a "returning resident" visa.... IR-1 is probably not the correct route... read up on that process if you want

[Chica Yeyé 41]

After reading your last post in more detail, here's what I see (without sugar, rainbows, or unicorns):

You have all but abandoned your residence --- 3 week visits, not maintaining financial and other assets as domicile in the US. Any LPR staying outside of the US for such long periods of time need a reentry permit- everyone. I do not believe you will be allowed to Remove Conditions on those terms - you can try though.

You might have to indeed go for a returning resident visa --- google that one, I am not familiar with the process. Or of course you could start over via DCF and get an IR-1.

The border folks are in no obligation to remind us of our duties as a permanent resident of the US. that is your -and mine- job. And, as far as the PhD: peanuts. I have one and it means squat when it comes to family immigration. We are allowed in this country NOT because of our educational credentials, but because of our marriage to a citizen.

As far as the 10 year card: I believe the USCIS employee was right: you were granted a visa based on a marriage that, at that time, was less than 2 years old.

I wish you the best of luck; but the picture does not look cuddly

[v333k 59]

Does anyone of such an example where a person on CR-1/IR-1 had been away from USA for less than 12 months and denied entry? If denied entry, is there any appealing procedures?

I haven't clearly understood "also consider the possibility that you might have to go for a IR-1.". Do mean going through the whole process again?

I'm trying to look at it in a bright way - if you do have to go through the process again, then I think you will get your 10-yr GC. The only downside to this is that you will have to stay in the US for 3 more years to qualify for US naturalization (if you are planning on getting it).

Now, regarding your work that required you to be outside the country. If you can also get some documents from the company and show that you were required to be there, then you can also include that as part of your evidence.

I am starting to think that when you come back you will not have too much trouble entering the US since you have a valid GC. The problem is the ROC. The way I believe they look at it is this way (simply put):

They gave you a 2 year GC and you are obliged to remain within the laws and rules that limit you to your rights as a GC holder. This is given to you for 2 years and they will evaluate you at the end of the 2 years and let you know how your behavior was.

I think if they were going to deny you entry, then they would've done it the second time you tried to enter the US.

Good luck!

[payxibka 10,044]

Removing 'conditions' of residency has nothing to do with living or not living in the USA, but about maintaining (and demonstrating via evidence) of a bonafide marriage relationship to a USC for the prescribed period of time. No where on the I-751 do you indicate time out of country. An I-751 petition does not make a determination of residency in general, but only a determination as to the 'conditions' attached to the granting of residency. If they are admitted as a resident then residency has not been abandoned. 'Conditions' may still be attached (as is the situation here) but they are considered a resident. Period. They will still need to get these conditions removed but they are still a resident nevetheless.

OTH, maintaining permanent residency is a whole other set of conditions and requirements and needs to be monitored regardless of whether you have a 'conditional' card or a '10 yr' card..... If the CBP allows the OP back into the USA, they are admitted back as a RESIDENT, then this is evidence that residence was not or has not been deemed abandoned and the ROC process can proceed. If entry as a resident is denied then abandonement of residency has been made.

To the OP: Moral of the story is to get your azz back to the USA. When you do then you can worry about ROC, full steam ahead. If they do not let you enter then have your backup plan ready.

Edited December 29, 2009 by payxibka

[rebeccajo 14]

Removing 'conditions' of residency has nothing to do with living or not living in the USA, but about maintaining (and demonstrating via evidence) of a bonafide marriage relationship to a USC for the prescribed period of time. No where on the I-751 do you indicate time out of country. An I-751 petition does not make a determination of residency in general, but only a determination as to the 'conditions' attached to the granting of residency. If they are admitted as a resident then residency has not been abandoned. 'Conditions' may still be attached (as is the situation here) but they are considered a resident. Period. They will still need to get these conditions removed but they are still a resident nevetheless.

OTH, maintaining permanent residency is a whole other set of conditions and requirements and needs to be monitored regardless of whether you have a 'conditional' card or a '10 yr' card..... If the CBP allows the OP back into the USA, they are admitted back as a RESIDENT, then this is evidence that residence was not or has not been deemed abandoned and the ROC process can proceed. If entry as a resident is denied then abandonement of residency has been made.

Question 10 (I believe it is) asks for a list of all residences. So time out of the country is going to be blatantly obvious for this couple.

The fact they have not filed US tax returns bothers me as this is one of the keystones of maintaining residency. And I'm not sure filing late is going to prove anything other than a desire to maintain an immigration benefit.

It's possible to maintain residency even though one spends time outside of the US. But I think this couple needs an attorney consult before they attempt to do so.

[payxibka 10,044]

Question 10 (I believe it is) asks for a list of all residences. So time out of the country is going to be blatantly obvious for this couple.

The fact they have not filed US tax returns bothers me as this is one of the keystones of maintaining residency. And I'm not sure filing late is going to prove anything other than a desire to maintain an immigration benefit.

It's possible to maintain residency even though one spends time outside of the US. But I think this couple needs an attorney consult before they attempt to do so.

Question 9 actually..

but i agree that filing an ROC petition is not there first problem... they need to be loaded with sufficient evidence at time of arrival back to the USA to demonstrate that they have NOT abandoned there residency.

CBP will also consider whether the person’s permanent home and employment are in the U.S., as well as family ties, financial ties, property ownership, the filing of income tax returns, and other objective evidence. It is also important to note that brief return-trips to the U.S. do not definitively protect against abandonment.

all of the above the OP seems to lack currently for the most part

Edited December 29, 2009 by payxibka