Denied entry due to prolonged absense?

[birdyconfused 0]

Hi folks

1. Do you know of any examples as in your personal knowledge or personal experience where a person on CR-1/IR-1 visa denied entry at a POE due to prolonged absence i.e. LESS Than 12 Months but Greater than 6 Months?

2. If you remained overseas for prolonged period and you were allowed entry at the POE, did they ask for any evidence of your intentions to return to United States and what evidence you presented.

I'll be especially interested about JFK

Best Regards and Thanks in advance

[MrsOO 7]

Hi folks

1. Do you know of any examples as in your personal knowledge or personal experience where a person on CR-1/IR-1 visa denied entry at a POE due to prolonged absence i.e. LESS Than 12 Months but Greater than 6 Months?

2. If you remained overseas for prolonged period and you were allowed entry at the POE, did they ask for any evidence of your intentions to return to United States and what evidence you presented.

I'll be especially interested about JFK

Best Regards and Thanks in advance

I know people who had to stay away due to family emergencies, and they brought a kitchen load of documents just in case they asked. Some got seriously interrogated, others were waived off, depends on the official. Always be prepared, and be honest.

[Chica Yeyé 41]

Quick google search and I found this, directly from USCIS:

Maintaining Permanent Residence

You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

[Penguin_ie 5,994]

I have a friend from Scotland who got a IR-1 (they were married some 5 years before applying). After a couple of months in the USA, they moved back to Scotland as he still had a business there and it took longer than anticipated to sell it. They returned to the USA for Thanksgiving/Christmas in late November, just over 9 months after leaving the USA, with the intention of flying back to Edinburgh in January to tie up some loose ends and sign contracts (he finally has a buyer for the shop). He- the foregin spouse- got pulled into secondary inspection and after being grilled a long time, was allowed to enter, but told if he left the USA again in the next 9 monthsw, he would not be allowed back in, that notes were put in the computer. He decided not to risk it and has canceled his return trip.

That is the closest personal experience I have; I remember reading stories on here of people being denied entry, but usually it was parents who got green cards via petitions from their children, not spouses.