Questions from a friend

[KKJJ 16]

Friend entered U.S last March 2012 on CR-1 and received her 2 year GC few weeks after. She would like to go back to the Philippines by 1st week of July 2012 and stay there for at least 4 months to take care of things back home. Her questions are:

- how long you can spend outside the U.S without creating problems for ROC?

- If she returns by 1st week of November 2012 does she need the re-entry permit to go back to the U.S?

- when she file ROC in the future can she use the title document for a property that she and her husband owned in the Philippines?

Any advice and information is highly appreciated.

[ceadsearc 515]

1. There's no set time limit. Over 6 months and/or repeated longer visits will be heavily scrutinized, over a year would need a re-entry permit. One visit of 4 months is fine, but if she were repeatedly going 4 months overseas and coming back to the US for only a month or two before leaving, that would be an issue.

2. Not necessary.

3. Yes, but obviously she should include joint American holdings/accts/etc. too.

[KKJJ 16]

1. There's no set time limit. Over 6 months and/or repeated longer visits will be heavily scrutinized, over a year would need a re-entry permit. One visit of 4 months is fine, but if she were repeatedly going 4 months overseas and coming back to the US for only a month or two before leaving, that would be an issue.

2. Not necessary.

3. Yes, but obviously she should include joint American holdings/accts/etc. too.

Thank you for the response. I have a little follow up question so I can clearly explain it to her. Her husband was previously a widower and the house they are living now was a joint ownership with the late wife who has Will that the house will go to the 3 kids. So the only property she can use is the one in the Philippines but she have insurance, car title, and billings here in the U.S. Would that be enough to suffice as a bonafide marriage? Or she just need to explain later at ROC interview.

[ceadsearc 515]

She may not have an ROC interview, most people don't. The ROC instructions have examples of other items that can be used for joint evidence, but if she has joint accounts, insurance, etc. that is good. If she is interviewed and if they ask her about it she can always explain.

[KKJJ 16]

She may not have an ROC interview, most people don't. The ROC instructions have examples of other items that can be used for joint evidence, but if she has joint accounts, insurance, etc. that is good. If she is interviewed and if they ask her about it she can always explain.

Thank you very much!

[Zharren Young 32]

just tell her to make sure not to stay over 6months outside US