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Filed: Citizen (apr) Country: Jamaica
Timeline
Posted

So my wife went back to vietnam because her mom is dying. She has her green card and everything. My question is will she have any re entry trouble coming back to the US?

Why would she? She's now a Permanent Resident and can come and go as freely as she wants. Just ensure she doesn't stay out of the USA too long each time. She won't have any troubles on re-entry.

K1
VSC NOA1 --- March 8, 2012
NOA2 --- October 11, 2012
Visa Approved --- December 17, 2012
POE --- December 22, 2012

AOS
AOS/EAD/AP NOA1 --- March 4, 2013
Biometrics --- April 3, 2013

EAD/AP received --- May 16, 2013

AOS Interview --- August 9, 2013

GC in production --- August 9, 2013

GC received --- August 17, 2013

N400

Approved May, 2018

Oath May, 2018

I130 - Nebraska SC

NOA1 - August 30, 2018

Case approved - August 28, 2019

NVC -

Interview -



I am the USC who brought my fiancé here on a K1,  who's now a USC and is now filing for his mother - whose case just got approved :)

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Why would she? She's now a Permanent Resident and can come and go as freely as she wants. Just ensure she doesn't stay out of the USA too long each time. She won't have any troubles on re-entry.

Exactly! She is a Permanent Resident and can go and come as she pleases, as long as what you said she dont stay out of the US too long. I dont know if its 6 months or a year?

Sent NOA1 April 30th 2011

received May 2nd 2011

NOA1 Notice Date:May 4th 2011

NOA 2 txt/ email on july 18th 2011

NOA 2 received in Mail July 20th dated July 18th 2011

NOA2 in "74" days!

NO RFE

Personal issue in the Philippines

Medical Exam: March 22nd 2012

Medical Cleared on March 23rd 2012

Interview Date:April 16th, 2012......PASSED

Arrival Los Angeles California: July 7th 2012.

Marriage September 7th 2012 at San Bernardino County Hall of Records

Preparing for AOS

"I Wholly disapprove of what you say, But I will defend to the death, Your RIGHT to say it"

" _ Volitaire- "

Filed: AOS (apr) Country: Vietnam
Timeline
Posted

The residency comes into question if she is out of the country more than a year. She will be fine, If she is out 6 months or more she should carry a document with her when she returns so that when CBP asks why were you gone so long, she can tell them and provide proof.. they will enter that into the system and the issue will be gone at that point... My wife is in VN now caring for her mother until she passes and it could be any day now. Looks like I am going to be flying over for a funeral soon...

"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

Filed: AOS (apr) Country: Vietnam
Timeline
Posted

According to the past tense of the verb, I assume she already went there and currently in VN. Then it's too late for her to apply for the "Reentry Permit", which is the ONLY legal document that will ensure her coming back to the US, regardless of how long she might stay outside the US.

Make sure she comes back BEFORE the one-year deadline (counting from the day she left the US) or it'll be up to the CBP officer's call. (they've heard lots of excuses and don't think your or her excuse is any better).

No need for a re-entry permit with a green card... she won't likely be there more than a year...

"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

  • 3 weeks later...
Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Even though the INS says 1 year, Customs and Border Patrol usually will turn people back after 6 months.

I was in a similat situation last year with my wife and her Grandmother. I actually called both the Chicago (O'Hare) and JFK Customs and Border Patrol offices. They both said that as a rule of thumb they ask for a re-entry permit if the length of stay is longer than 6 months.

Here is the STICKLER. In order to file for a re-entry permit, the Green Card Holder must be in the US to go to their local INS office after making a scheduled appointment to obtain an approved re-entry permit.

From everything I have read, you CANNOT file for a re-entry permit outside the US.

Filed Removal of Conditions: 11/05/10

Rec'd NOA1: 11/08/10

Biometrics: 12/22/10

10 YR Greencard: 03/03/11 APPROVED

10 YR Greencard Rec'd: 03/08/11 RECEIVED

 
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