long time out

[NANDA 0]

brought my wife to the USA 2 years ago on a k-3 visa. We adjusted her status and she is currently a permanent resident. We lived in Miami for 2 years and decided we wanted to move out to Miami, so we set up home base living with my parents in Pennsylvania. Since then, the past year we have been traveling in Brazil, visiting her friends and family because I have taken a job working through the internet and this enables me to be out of the country for long periods of time to travel and explore the world. We left the US on November 10 and stayed in Brazil until May 5th. Upon my wife’s return (since we had different flights due to availability) the immigration agent mentioned to her that she shouldn’t be traveling outside of the country for such a long without her husband and not to let it happen again and she was admitted. We stayed in the US for 10 days and returned to Brazil May 15.

This coming November 17th, we are returning to the USA and I am concerned with the procedure when we arrive at the port of entry. Since we traveled for 6 months before our first return and then traveled for another 6 months before our second return, will there be an issue when we go through immigration at the US port of entry? I have talked to a friend who’s uncle lives in Venezuela and he just returns to the US every 6 months for a few days for the past 5 years and he has never had a problem. So, should I be concerned that my wife will be denied entry or have her green card revoked? After doing some research online, I believe the worse that can happen is that she can be put into proceedings for an immigration hearing, however she will be still allowed to enter the country. I just want to be able to prevent such a situation from occurring because it is going to be the holiday season and my family is awaiting our return.

[Ladylethal 12]

She should have applied for an AP before leaving the country. I think there's some kind of procedure you can try now, but someone else would be better answering that, as I've never really looked into it or how it works.

I do believe that as is she might be denied entry and be viewed as that she abandoned her status by living in Brazill for a year.

[NANDA 0]

Thank you for your reply. Some additional information: My wife received her 10 year green card because we waited 2 years before applying for it, therefore she bypassed the advance parole process. Also she has not been outside of the country for a year. She was out for 6 months, returned and then left again for 6 months. That is why a re-entry permit was not requested. Now we are concerned with this upcomming return. From what we are hearing, they won't say anything because her return (accompanied by me) is within 6 months again. Please let me know if you have any additional advice or know of anyone we can ask to assist us with this question. Just trying to find out the guidelines and what is commonly being practiced at immigration (especially at MIA airport).

Thank you,

[Ladylethal 12]

I said a year 'cus you posted that you were in the US for only 10 days between trips, so the BP officer could understand it as abandonment of status. Hopefully somebody else will post here with more information, since the longer I've been back in Brasil for was 2 months.

[Noel194 53]

The purpose of becoming a PERMANENT RESIDENT of the USA is so you can actually reside in the USA not another country. If you are not going to reside in the USA then she is not entitled to a green card until you plan to do that. The USCIS can decide that she has abandoned her residency status because you are not living within the spirit of the law.

[Penguin_ie 5,986]

Honestly, it will depend on the officer at POE on the day; you might get a nice guy who will give her another warning and let you two in, and you could be ok as long as you don't leave again for a long while. But I would think she will have trouble entering, as she was warned previously, plus is staying outside the USA a few days past 6 months this time, plus has effectively spend a year outside the USA. When you come back, bring as many proof of ties to the USA as you can to show she has not abandoned residency (bills to US cellphone, US bank account, lease to home or proof of storage of furniture etc).

[SimranS 9]

I have talked to a friend who’s uncle lives in Venezuela and he just returns to the US every 6 months for a few days for the past 5 years and he has never had a problem.

That pretty much says it all...although theoretically you can lose your green card if you live/spend too much time outside the USA, for this to actually happen in practice is rare, especially if your trips outside the US aren't longer than 6 months each.

It's correct that the most the immigration officer can do is refer your case to an immigration court and you would be summoned for a hearing. If you get an immigration officer who is a total jerk, they may try to get you to sign an abondonment of residence, which is something you should never agree to do. EVERY returning green card holder is entitled to a hearing with a judge and the officer cannot simply "take your green card away".

Please refer to the thread "Anyone refused entry under one year on green card". This topic of possible abandonment of residency is discussed in detail there with posters giving real life examples of what has happened to them when entering.

http://www.visajourney.com/forums/topic/254598-anyone-refused-entry-under-one-year-on-greencard/

As others have mentioned, the best thing you can do is carry proof that you have not abandoned your US residency- proof of tax filing, a US driver's license, bank statements, etc.

Just one question- when the immigration officer told your wife she shouldn't be spending so much time outside the US without her husband, why didn't your wife honestly explain to the officer that you were with her abroad and just returning by separate flights due to availability?

Could you please tell us what all the questions the officer asked actually were and what she replied (this will be good info to have since there are many other members in the same situation as you). It seems odd that the officer would have had a problem with her husband not being with her, because from the point of view of maintaining residency, having a spouse remain behind in the US is normally good evidence of ties to the US and having a residence there you don't intend to abandon.

[NANDA 0]

That pretty much says it all...although theoretically you can lose your green card if you live/spend too much time outside the USA, for this to actually happen in practice is rare, especially if your trips outside the US aren't longer than 6 months each.

It's correct that the most the immigration officer can do is refer your case to an immigration court and you would be summoned for a hearing. If you get an immigration officer who is a total jerk, they may try to get you to sign an abondonment of residence, which is something you should never agree to do. EVERY returning green card holder is entitled to a hearing with a judge and the officer cannot simply "take your green card away".

Please refer to the thread "Anyone refused entry under one year on green card". This topic of possible abandonment of residency is discussed in detail there with posters giving real life examples of what has happened to them when entering.

http://www.visajourney.com/forums/topic/254598-anyone-refused-entry-under-one-year-on-greencard/

As others have mentioned, the best thing you can do is carry proof that you have not abandoned your US residency- proof of tax filing, a US driver's license, bank statements, etc.

Just one question- when the immigration officer told your wife she shouldn't be spending so much time outside the US without her husband, why didn't your wife honestly explain to the officer that you were with her abroad and just returning by separate flights due to availability?

Could you please tell us what all the questions the officer asked actually were and what she replied (this will be good info to have since there are many other members in the same situation as you). It seems odd that the officer would have had a problem with her husband not being with her, because from the point of view of maintaining residency, having a spouse remain behind in the US is normally good evidence of ties to the US and having a residence there you don't intend to abandon.

This is what the CBP officer said to her:

“You stayed a long time outside of the country.” Then looked at the greencard and asked, “can you read here, do you know what means, permanent resident?” and then said, “you need to be living here to be a resident. This is not a visa. I am just telling you this because I see a lot of people losing their greencard.” Then he asked “what do you do for a living?” She responded, “I was just working as a waitress and my boss said when I returned from my trip I will have my job back.” he asked, “After 6 months? “ “Yes, I am a good employee.” Then he looked at her passport and said, “it says here that you came on a k-3 visa, so you got this green card because you married, so where is your husband?” He arrived a day before me because we couldn’t find flights on the same day, but he was with me in Brazil the whole time.” He said “anyways, he is a citizen and he can do whatever he wants but you need a few more years to be a citizen to and this time out does not count. You need to agree with me. That looks very suspicious that you are not with your husband. Be aware of this and pay attention next time.”

[SimranS 9]

This is what the CBP officer said to her:

“You stayed a long time outside of the country.” Then looked at the greencard and asked, “can you read here, do you know what means, permanent resident?” and then said, “you need to be living here to be a resident. This is not a visa. I am just telling you this because I see a lot of people losing their greencard.” Then he asked “what do you do for a living?” She responded, “I was just working as a waitress and my boss said when I returned from my trip I will have my job back.” he asked, “After 6 months? “ “Yes, I am a good employee.” Then he looked at her passport and said, “it says here that you came on a k-3 visa, so you got this green card because you married, so where is your husband?” He arrived a day before me because we couldn’t find flights on the same day, but he was with me in Brazil the whole time.” He said “anyways, he is a citizen and he can do whatever he wants but you need a few more years to be a citizen to and this time out does not count. You need to agree with me. That looks very suspicious that you are not with your husband. Be aware of this and pay attention next time.”

Thanks for sharing this...it makes more sense now. Looks like she ran into a slightly mean officer who was suspicious of her reasons for marrying. Did the friend's uncle you mentioned ever receive any similar warnings?

There was one LPR member who entered after 11 months and got a stern warning along with "11 months" written in her passport. The next time she entered after 4 months and had no problem, even though they told the officer she would only be in the US for a short time again. It really depends on the officer's mood and the officer you get next time wouldn't have any way of knowing that she had previously been given a verbal warning.