leaving the US for 6mths after Divorce

[Tegan 0]

So here is my question, I came over on a K-1 visa. got married to a wonderful man whom I loved and still love to this day... but we don't work anymore. we are getting a divorce. I need to go home for a while to heal save some money to start again,be with my family but I'd love to come back in 6 or so months.

questions

would I be able to return after that length of time? I know I asked a similar question earlier?

I love where I live and would love to come back. How would I change my information on my Green card? would I have to change it straight away or could i carry my divorce degree with me?

If there is anything else I need to know I would greatly appreciate it.

thank you

[Usui Takumi 1,562]

So here is my question, I came over on a K-1 visa. got married to a wonderful man whom I loved and still love to this day... but we don't work anymore. we are getting a divorce. I need to go home for a while to heal save some money to start again,be with my family but I'd love to come back in 6 or so months.

questions

would I be able to return after that length of time? I know I asked a similar question earlier?

I love where I live and would love to come back. How would I change my information on my Green card? would I have to change it straight away or could i carry my divorce degree with me?

If there is anything else I need to know I would greatly appreciate it.

thank you

I note that you have a 10 year green card. Your marriage no longer has any bearing on your status. If you leave and come back after 6 months thats okay.

[Tegan 0]

So I asked on a lawyer website the same thing I asked here. they suggested I apply for a re entry permit.Any ideas if this will be of any use? I have filled it out but if its not going to help then I don't want to spend the $385.00 on it?

anyone done this??

Tegan

[HeatDeath 430]

Once you pass 6 months outside the US, CBP start looking to see if you have maintained your US residence to determine if they should let you back in. If they deem that you have abandoned your US residence, you may not be let back in, if you do not have a reentry permit. You need to avoid giving any appearance that you have abandoned your US residency. Continuing to pay taxes, and leaving significant property and/or real estate here could be a good way to do that.

Unless you have significant property/real estate that you will be leaving in the US, or you can absolutely guarantee you will be returning in noticeably less than 6 months, I would recommend the reentry permit. It will basically "lock in" your residence status for a stay abroad of up to (but NOT over) 2 years, and get you back into the US with no issues whatsoever. It's the safest way to go, and the cost is a small price to pay compared to the extreme cost and difficulty you could face attempting to reestablish your PR status if, G-d forbid, it is revoked. You probably wouldn't need it, but the downside risk is so high, I would recommend it.

[Brother Hesekiel 2,236]

Here's the NO B.S. answer.

Your divorce is a non issue. You are a resident for life unless you violate your residency requirement.

A Reentry Permit is required once you are absent for one year or longer, which would also set your residency clock back to zero. Don't do that. Leave for ideally only 6 months (at which time your residency clock STOPS), a bit longer if you must, but in no instance for over a year (at which time the residency clock jumps back to ZERO). If you cannot really document that you have not abandoned your US residence, come back after no more than 181 days.

[JimVaPhuong 4,863]

Here's the NO B.S. answer.

Your divorce is a non issue. You are a resident for life unless you violate your residency requirement.

A Reentry Permit is required once you are absent for one year or longer, which would also set your residency clock back to zero. Don't do that. Leave for ideally only 6 months (at which time your residency clock STOPS), a bit longer if you must, but in no instance for over a year (at which time the residency clock jumps back to ZERO). If you cannot really document that you have not abandoned your US residence, come back after no more than 181 days.

I think his attorney was recommending the reentry permit in case of the highlighted scenario above. CBP may consider whether he's abandoned his residency after six months. They are required to conclude he's abandoned his residency after one year. A reentry permit establishes that the extended absence was planned, and was intended from the beginning to be temporary. A reentry permit would avoid either the suspicion or presumption that he had abandoned his residence.

[leahandlucas 15]

So in other words,....get the re-entry permit, but if possible, come back before the 6 months to be on the safe side and avoid any unnecessary problems...

[Brother Hesekiel 2,236]

I think his attorney was recommending the reentry permit in case of the highlighted scenario above. CBP may consider whether he's abandoned his residency after six months. They are required to conclude he's abandoned his residency after one year. A reentry permit establishes that the extended absence was planned, and was intended from the beginning to be temporary. A reentry permit would avoid either the suspicion or presumption that he had abandoned his residence.

Jim, Buddy . . .

the I.O. is a Lady from Down Under who expressed her desire to leave for about 6 months to see her family. Advising her to get a Reentry Permit in this case would be a huge waste of money, IMHO.

[Usui Takumi 1,562]

So in other words,....get the re-entry permit, but if possible, come back before the 6 months to be on the safe side and avoid any unnecessary problems...

In your shoes, I would skip the permit and just buy a round trip ticket that puts you in the US under 6 months.

Here's the NO B.S. answer.

Your divorce is a non issue. You are a resident for life unless you violate your residency requirement.

A Reentry Permit is required once you are absent for one year or longer, which would also set your residency clock back to zero. Don't do that. Leave for ideally only 6 months (at which time your residency clock STOPS), a bit longer if you must, but in no instance for over a year (at which time the residency clock jumps back to ZERO). If you cannot really document that you have not abandoned your US residence, come back after no more than 181 days.

I think someone needs to get their BS meter fixed, as there hasn't been any BS in this thread..............

[HeatDeath 430]

As I said, if the OP can absolutely guarantee - "with complete metaphysical certitude" - as it were, that they will be back within 6 months there is no problem, and no reentry permit is necessary.

If the trip is open ended - that there is a nontrivial probability that the trip will extend past day 180, AND the OP has no significant property remaining in the US, CBP will check to see if the OP has abandoned her PR status, and may very well deem it so. In that case, a reentry permit would be a very good idea. Otherwise, it is probably not required.

Edited July 22, 2010 by HeatDeath

[VanessaTony 3,567]

So here is my question, I came over on a K-1 visa. got married to a wonderful man whom I loved and still love to this day... but we don't work anymore. we are getting a divorce. I need to go home for a while to heal save some money to start again,be with my family but I'd love to come back in 6 or so months.

questions

would I be able to return after that length of time? I know I asked a similar question earlier?

I love where I live and would love to come back. How would I change my information on my Green card? would I have to change it straight away or could i carry my divorce degree with me?

If there is anything else I need to know I would greatly appreciate it.

Here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD USCIS info on maintaining residency.

As someone stated, you have your 10 year card so your divorce is irrelevant now.

Leaving the country for 6-11 months is typically fine. CBP don't typically assume or try to prove you've abandoned residency unless there's multiple extended trips. Of course I can't guarantee that because their rules state ANYTHING over 6 months they can start to question it. Australia's not high-fraud though so honestly it's unlikely.

As you are going home to save money and "heal" (which I completely understand btw...) I personally would just get the re-entry permit. You'd earn the money back quickly in Australia and there would be no rush to come back. If you're sure that you won't be there that long (lets be honest, money's good in Australia) then don't bother with one.

Also as stated, staying out longer than 12 months resets your residency clock, and 6 months stops it... According to your timeline (which you really should edit at least with your initial GC date and ROC date so we can be sure of details) you got your K1 visa back in Nov 2004... assuming you got your GC in mid 2005, you are eligible for US citizenship (3 years (minus 90 days) if married to a USC, 5 years (minus 90 days) if not married to USC). This does NOT affect your Aussie citizenship.

Personally I would go back to Aus for under 6 months. Come back to the US with the money you've saved/earned, and apply for USC. Once you have USC (under 6 months to get I think) you can stay outside the US for however long you want, just like any other USC and just like you do with Aus, without risk to your citizenship/passport. In fact, consider applying for USC before you leave back to Aus, and travel home while it's processing (you'll only have a couple of months I think to stay home before you need to come back for the civics test etc). Read through what to expect from the process (biometrics, interview, testing etc) so you know what to do before you leave and when you should get back to the US. You'll need someone you trust to collect your mail in case something arrives while you're gone. It's preferable to be IN the country while it's processing just in case you need to do something, but it's up to you ultimately which way you go.

So, I suppose don't bother with the re-entry permit, come back to the US in under 6 months, apply for USC, come back home to Aus once you have it if you like!

Edited July 22, 2010 by Vanessa&Tony

[Tegan 0]

Honestly, i think i will apply for the re entry permit, just incase... I'm buying a one way ticket back to Oz don't want my ex to make any noise about me wanting to come back to the island, and having an open ticket won't look great with out the permit. how long does it take to get approved? anyone know?

Thanks

Tegan

[Tegan 0]

So I filled out everything I put 5 to 8 mths in Oz. I will probably come back sooner than 8ths but i put that just in case it takes me a little while to find work...

In part 1 3) it asks Class of admission? I'm honestly not sure that this means? would it be K-1? or Permanent resident maybe? I want to go file it tomorrow after work so any help would be great. also I don't have intended departure date really, I put 9/30/2010 to give the approval time. does this need to be an exact date?... I have to deal with a few things before I leave that will take a while anyway.

Thanks again for all your replies

Tegan

[payxibka 10,045]

So I filled out everything I put 5 to 8 mths in Oz. I will probably come back sooner than 8ths but i put that just in case it takes me a little while to find work...

In part 1 3) it asks Class of admission? I'm honestly not sure that this means? would it be K-1? or Permanent resident maybe? I want to go file it tomorrow after work so any help would be great. also I don't have intended departure date really, I put 9/30/2010 to give the approval time. does this need to be an exact date?... I have to deal with a few things before I leave that will take a while anyway.

Thanks again for all your replies

Tegan

You are a resident...

[Tegan 0]

I just looked up the processing times for the re entry permit and it's at 3 months... meaning I won't be here. any ideas what I should do? the 3 months just a first look at the applications right so when I need to get the bio stuff complete, I won't be in the US at that time... maybe i'll just buy a return ticket and be back before the 6 mths is up...

I now remember all the stress that came with the process in the beginning...