Troubled marriage. How long and how much for reentry permit?

[Crossroads 0]

I have posted in this site before under a different username and have received invaluable advice. Am positive same will apply now.

A year back, I adjusted status to PR based on marriage to US Citizen and received my ten year unconditional GC. However, things have not been going so well for me mostly because I have been unable to find a job and my husband has indicated that he will not continue supporting me for much longer.

I have tried all I can to find a job, but have not been successful so far. Hence, I am thinking of returning to my home country (where it will be easier for me to support myself) and applying for US jobs from there. I have a couple of questions that I am hoping someone can answer.

1)Given the fact that I am not very sure about returning to the US in the immediate future but don't want to jeopardize my chances of a possible return, is it better to apply for a re-entry permit? I know the clock stops after six months of leaving US, but I want to keep my options open.

2) If, after returning to my home country (after obtaining the re-entry permit), I decide I do not want to return to the US at that point of time and surrender my GC to the nearest consulate, do I have to go through the whole GC filing process once again if (at some later point in time), I decide to come back again? Or is there a simpler procedure to reverse GC abandonment?

How long does it take for a reentry permit to arrive? Please understand that I am in a very confused state of mind right now and exploring various options. I cannot continue living in the US at this point of time without a job but I also would like to keep the door open for the future. Thanks in advance for your replies.

[Sweetcheeksss 91]

I have posted in this site before under a different username and have received invaluable advice. Am positive same will apply now.

A year back, I adjusted status to PR based on marriage to US Citizen and received my ten year unconditional GC. However, things have not been going so well for me mostly because I have been unable to find a job and my husband has indicated that he will not continue supporting me for much longer.

I have tried all I can to find a job, but have not been successful so far. Hence, I am thinking of returning to my home country (where it will be easier for me to support myself) and applying for US jobs from there. I have a couple of questions that I am hoping someone can answer.

1)Given the fact that I am not very sure about returning to the US in the immediate future but don't want to jeopardize my chances of a possible return, is it better to apply for a re-entry permit? I know the clock stops after six months of leaving US, but I want to keep my options open.

2) If, after returning to my home country (after obtaining the re-entry permit), I decide I do not want to return to the US at that point of time and surrender my GC to the nearest consulate, do I have to go through the whole GC filing process once again if (at some later point in time), I decide to come back again? Or is there a simpler procedure to reverse GC abandonment?

How long does it take for a reentry permit to arrive? Please understand that I am in a very confused state of mind right now and exploring various options. I cannot continue living in the US at this point of time without a job but I also would like to keep the door open for the future. Thanks in advance for your replies.

Sorry I do not know the answers to your other questions but I DO know there is no "reversing a GC abandonment". Once it's turned in, if or when you get another GC, it's the same procedure all over again.

Good luck with everything!

[Crossroads 0]

Sorry I do not know the answers to your other questions but I DO know there is no "reversing a GC abandonment". Once it's turned in, if or when you get another GC, it's the same procedure all over again.

Good luck with everything!

Thanks for your reply. Will it still be considered 'abandonment' even if I surrender the GC to the consulate in my home country? I am not technically abandoning, right?

[NigeriaorBust 4,087]

If you surrender your green card you are in effect giving it up , considered to be a permanent action for that green card. You would have to be repetitioned to get a new green card.

[batallion9 50]

I have posted in this site before under a different username and have received invaluable advice. Am positive same will apply now.

A year back, I adjusted status to PR based on marriage to US Citizen and received my ten year unconditional GC. However, things have not been going so well for me mostly because I have been unable to find a job and my husband has indicated that he will not continue supporting me for much longer.

I have tried all I can to find a job, but have not been successful so far. Hence, I am thinking of returning to my home country (where it will be easier for me to support myself) and applying for US jobs from there. I have a couple of questions that I am hoping someone can answer.

1)Given the fact that I am not very sure about returning to the US in the immediate future but don't want to jeopardize my chances of a possible return, is it better to apply for a re-entry permit? I know the clock stops after six months of leaving US, but I want to keep my options open.

2) If, after returning to my home country (after obtaining the re-entry permit), I decide I do not want to return to the US at that point of time and surrender my GC to the nearest consulate, do I have to go through the whole GC filing process once again if (at some later point in time), I decide to come back again? Or is there a simpler procedure to reverse GC abandonment?

How long does it take for a reentry permit to arrive? Please understand that I am in a very confused state of mind right now and exploring various options. I cannot continue living in the US at this point of time without a job but I also would like to keep the door open for the future. Thanks in advance for your replies.

Your husband had to sign a financial responsability form for you to come here. So if you divorce, he must support you. Now as far as work, have you looked everywhere for work ie, fast food, housekeeping, janitorial. You must go out and find a job. They may not pay a lot, but your hasband would not have bases for abandonment.

[Shiobhan 235]

Giving in the GC is abandonment, seem like you may also be a bit homesick....Looking for a job only in your field may be

hard because yes the job market is filed , however in the US if one really wants a job, any job they will get one, I have done

telemarketing in between jobs yrs ago & even got a patient to take care of overnite once after my un-employment ran out, my husband

nephew who is an atty in his country had to work at Taco Bell just to earn until he sat the Bar here, Think hard before you make

that permanent move , do you feel rejected because hubby not that lovey dovey no more? (he's carry financial load alone) he may feel

you are not making great efforts to find something to help...best wishes.

[VanessaTony 3,567]

Your husband had to sign a financial responsability form for you to come here. So if you divorce, he must support you. Now as far as work, have you looked everywhere for work ie, fast food, housekeeping, janitorial. You must go out and find a job. They may not pay a lot, but your hasband would not have bases for abandonment.

No, he doesn't. It depends on divorce court. The I-864 is an agreement between the US government and her husband, not her. Some have successfully used it to get support, most have not.

[VanessaTony 3,567]

1)Given the fact that I am not very sure about returning to the US in the immediate future but don't want to jeopardize my chances of a possible return, is it better to apply for a re-entry permit? I know the clock stops after six months of leaving US, but I want to keep my options open.

2) If, after returning to my home country (after obtaining the re-entry permit), I decide I do not want to return to the US at that point of time and surrender my GC to the nearest consulate, do I have to go through the whole GC filing process once again if (at some later point in time), I decide to come back again? Or is there a simpler procedure to reverse GC abandonment?

3) How long does it take for a reentry permit to arrive?

1. Along with the re-entry permit, you will need to continue to file US taxes and maintain ties to the US. You must NOT declare yourself a resident of your home country. You're not moving back there, you're visiting there. This is important or they can consider you to have abandoned your status.

2. Yes you will need to have someone refile for you. You cannot just get another GC because you used to have one. You will need someone else to petition you for the GC. Once you give up the GC (abandon your LPR status) that is it for that GC. It is gone.

3. You don't need to wait for the re-entry permit to be issued but you DO need to wait until you've had your biometrics/fingerprint appointment. You can have the re-entry permit sent to your home country instead of waiting in the US for it.

If you're not sure what you want, I suggest you file for the re-entry permit... it's the best way to keep your options open. Remember you must still maintain your status in the US though by filing taxes and not declaring yourself a resident of your home country.

[newacct 688]

No, he doesn't. It depends on divorce court. The I-864 is an agreement between the US government and her husband, not her. Some have successfully used it to get support, most have not.

I don't know about the courts, but it says very clearly on the I-864 form itself:

What Does Signing the Form I-864 Require Me to do?

[...] until your obligations under the Form I-864 terminate, you must:

Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size

What If I Do Not Fulfill My Obligations?

If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support.

[VanessaTony 3,567]

I don't know about the courts, but it says very clearly on the I-864 form itself:

Yes I know what the form says. Like i said, they can TRY, but usually it's thrown out because the immigrant is not a party to the contract. You wrote it yourself:

"What If I Do Not Fulfill My Obligations?

If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support."

MAY sue. Doesn't say anything about approval. There is a thread about this somewhere where someone looked into it. I see more people denied this as a means of support than I do approved, but if the OP wants to spend the money to try, that's on them.

[newacct 688]

Yes I know what the form says. Like i said, they can TRY, but usually it's thrown out because the immigrant is not a party to the contract. You wrote it yourself:

"What If I Do Not Fulfill My Obligations?

If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support."

MAY sue. Doesn't say anything about approval. There is a thread about this somewhere where someone looked into it. I see more people denied this as a means of support than I do approved, but if the OP wants to spend the money to try, that's on them.

But it seems fair to me that they should be able to sue and enforce the support. Think about it this way: because of the I-864, the sponsor's income is deemed to be available to the immigrant for purposes of determining eligibility for need-based benefits (e.g. Medicaid, food stamps, etc.). If, because of this, the immigrant can't get benefits, should they just starve?

It seems you shouldn't be able to have it both ways. Either the sponsor's income is not deemed available to the immigrant, in which case they can get those benefits; or the sponsor's income is deemed available to the immigrant, and it is actually enforced to be available. It would be unjust for it to be deemed available, but not be actually available.

Edited April 21, 2013 by newacct

[VanessaTony 3,567]

But it seems fair to me that they should be able to sue and enforce the support. Think about it this way: because of the I-864, the sponsor's income is deemed to be available to the immigrant for purposes of determining eligibility for need-based benefits (e.g. Medicaid, food stamps, etc.). If, because of this, the immigrant can't get benefits, should they just starve?

It seems you shouldn't be able to have it both ways. Either the sponsor's income is not deemed available to the immigrant, in which case they can get those benefits; or the sponsor's income is deemed available to the immigrant, and it is actually enforced to be available. It would be unjust for it to be deemed available, but not be actually available.

I disagree. I don't think a sponsor should be responsible to support someone at 125% of the poverty threshold. It's utterly ridiculous. it would leave the sponsor with next to nothing to live on (if they're just above the limit).

The sponsors I-864 does NOT mean the immigrant uses the sponsors income when determining whether they're eligible for benefits or not. The immigrant should apply for benefits, if needed, and if eligible (based only on themselves) should get them. At that point the government would then sue the USC to recover those benefits.

Really though, the immigrant should get a job and support themselves. I don't think it's fair that the USC, out of love, brought someone here and when the relationship fails they must continue to pay and pay and pay. I know getting a job isn't always easy, supporting yourself isn't always easy, but it doesn't mean the USC should do it for you.

In my personal opinion, as an immigrant, the sponsor/USC's only requirement should be to provide the funds to pay for a ticket back to the immigrants home country. There the immigrant can continue to live their life in the manner they are accustomed. Of course people will say I only say that because I'm from Australia, I can't possibly understand what it would mean to return to a country where it is dangerous, or less than the US. If the immigrant chooses to stay in the US, it should be on their own head, not on the head of the USC... save for the money the USC provides to the immigrant to make the choice "ticket, or stay".

Edited April 21, 2013 by Vanessa&Tony

[Crossroads 0]

If you surrender your green card you are in effect giving it up , considered to be a permanent action for that green card. You would have to be repetitioned to get a new green card.

Thanks for the heads up. Really appreciate your response.

[Crossroads 0]

Your husband had to sign a financial responsability form for you to come here. So if you divorce, he must support you. Now as far as work, have you looked everywhere for work ie, fast food, housekeeping, janitorial. You must go out and find a job. They may not pay a lot, but your hasband would not have bases for abandonment.

Edited April 21, 2013 by Crossroads

[Crossroads 0]

ok.

Edited April 21, 2013 by Crossroads