Leaving US for almost a year while on Conditional PR

[Henny Dee 0]

Hi All,

Really need your advice about my current situation, I've been having a hard time of thinking what the best thing to do. PLEASE HELP!!!!

I am currently on Conditional Permanent Resident which will be expired on Oct 2, 2014. On Aug 5, 2013 me and my USC hubby must went back to my home country (Indonesia) because of financial situation. I was only working for 20 hours a week, first pregnancy and my USC hubby already lost his job for a year as of Aug 2013. Due to our financial situation back then, we didn't have any budget to file for I-131 (Travel Doc) and I also thought that i would be able to file it from Indonesia. However when we called USCIS/US Embassy in Jakarta last week, they told me that I-131 should be filled when I was physically in US. Then they asked us to call CBP to see what would be the best solution for me to maintain my PR. The CBP lady told me that I need to go back to US before a year of leaving US and should filling I-751 as soon as I get to US.

1. Will CBP give me a hard time of entering US because I leave US for almost a year?

2. Will my explanation about our financial situation back then could help me passing the POE?

3. SInce I will travel with an infant (My baby will be 7 months and holding US passport), should I wait on CBP line for PR or should I wait on CBP line for US Citizenship?

4. My USC hubby is having a year contract with an after hour English course in here and he is making less than $ 800 per month so he hasn't filling for IRS tax return. Will that be a problem for me to filling our join I-751 without IRS Tax Evidence?

Thank you so much for y'all advices.

Stress Me

[Henny Dee 0]

Oh I forgot to tell that due to our financial situation still not getting any better, we are planning to move back to US for whenever our baby is ready to go to school, we want to maintain my PR. It was taking a year for us to get the approval on my I-485. What is the best thing to do, maintain my PR or just abandon it and apply for new GC later? it was hard for me to collect all the information about our relationship, since we met online. I am stress to think that i will need to go thru that process again if i have to abandon my PR.

[britishdakota 18]

I thought the lines at most airports were for Permanent Residents & USC and another for visitors.

How will your husband file the affidavit of support for a new greencard if you are in financial trouble?

[Henny Dee 0]

Re. Airport Lines

oh okay, I forgot about it since the last time i went back to US was 2 years ago.

Re. Affidavit for New GC

That's what I worry about.

It will be harder to apply then.

[Pitaya 2,576]

Here is a USCIS link that speaks about Permanent Resident traveling:

http://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

[NigeriaorBust 4,087]

If you do not file for removal of conditions on time your status as a permenent resident will be done. If you want to return you will have to start all over with a new I130. To file ROC you will need to be in the US for biometrics and possibly an interview.

[ngo3361 8]

Hi All,

Really need your advice about my current situation, I've been having a hard time of thinking what the best thing to do. PLEASE HELP!!!!

I am currently on Conditional Permanent Resident which will be expired on Oct 2, 2014. On Aug 5, 2013 me and my USC hubby must went back to my home country (Indonesia) because of financial situation. I was only working for 20 hours a week, first pregnancy and my USC hubby already lost his job for a year as of Aug 2013. Due to our financial situation back then, we didn't have any budget to file for I-131 (Travel Doc) and I also thought that i would be able to file it from Indonesia. However when we called USCIS/US Embassy in Jakarta last week, they told me that I-131 should be filled when I was physically in US. Then they asked us to call CBP to see what would be the best solution for me to maintain my PR. The CBP lady told me that I need to go back to US before a year of leaving US and should filling I-751 as soon as I get to US.

1. Will CBP give me a hard time of entering US because I leave US for almost a year?

2. Will my explanation about our financial situation back then could help me passing the POE?

3. SInce I will travel with an infant (My baby will be 7 months and holding US passport), should I wait on CBP line for PR or should I wait on CBP line for US Citizenship?

4. My USC hubby is having a year contract with an after hour English course in here and he is making less than $ 800 per month so he hasn't filling for IRS tax return. Will that be a problem for me to filling our join I-751 without IRS Tax Evidence?

Thank you so much for y'all advices.

Stress Me

That sounds like a really good advice. When you are planning to go back to the US?

1 & 2. Maybe. But with your 7-month old baby, you could say that you went back home because of first pregnancy and would like for your baby to be well enough to travel.

Many Asian women want to be with their family for the birth of their first child. It's normal.

3. Will your husband travel with you? If so, I'd say let him hold the baby and wait in line for US Citizens. If he is not, then I'd say you and the baby wait in line for PR. Not really sure if US Citizen (the baby) takes priority over PR (you)

4. Your husband need to write a letter explaining the situation why he did not fill taxes. Did he notify the IRS?

[Henny Dee 0]

Here is a USCIS link that speaks about Permanent Resident traveling:

http://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

Thank you so much!

[funkymunky 11]

The line is the same for PR and USC or at least in LAX it didn't matter, enter the same line together as a family. They will ask why you have been gone so long (they want to know you intent to live in the US not abroad). I was gone 7 months and told them the truth that we were on holiday (my husband had an Australian working holiday visa.), they just said ok and stamped my pp. Our daughter is also a USC.

Definitely get back to the US as fast as you can and file ROC, it will be hard and expensive to start over.

P.S we hadn't filed for the last financial year's tax return when we filed so I didn't include it but I did send past years joint tax returns. Maybe you could send those in instead?

[Henny Dee 0]

That sounds like a really good advice. When you are planning to go back to the US?

1 & 2. Maybe. But with your 7-month old baby, you could say that you went back home because of first pregnancy and would like for your baby to be well enough to travel.

Many Asian women want to be with their family for the birth of their first child. It's normal.

3. Will your husband travel with you? If so, I'd say let him hold the baby and wait in line for US Citizens. If he is not, then I'd say you and the baby wait in line for PR. Not really sure if US Citizen (the baby) takes priority over PR (you)

4. Your husband need to write a letter explaining the situation why he did not fill taxes. Did he notify the IRS?

1&2: Yes, it was my reason too because my husband's family didn't care about my pregnancy or my husband situation. I was craving so bad for spicy and tasty Indonesian food and I had to get some IV fluid in the OB clinic because I didn't feel like eating and got a bad dizzy.

3. NO (i feel like want to cry to think about doing this super long flight just with an infant without a husband). He has to finish his job contract, he probably will be back to US by early Sept. Yes, i think i should be wait in PR's line

4. No, he hasn't notify IRS at all. I am thinking about filling 2012 taxes only (better than nothing)

[Henny Dee 0]

The line is the same for PR and USC or at least in LAX it didn't matter, enter the same line together as a family. They will ask why you have been gone so long (they want to know you intent to live in the US not abroad). I was gone 7 months and told them the truth that we were on holiday (my husband had an Australian working holiday visa.), they just said ok and stamped my pp. Our daughter is also a USC.

Definitely get back to the US as fast as you can and file ROC, it will be hard and expensive to start over.

P.S we hadn't filed for the last financial year's tax return when we filed so I didn't include it but I did send past years joint tax returns. Maybe you could send those in instead?

Re. Line

I am abroad for almost a year. Cross my fingers, hope and pray that they will understand my situation.

I am planning to go back to US by Aug 2 (ETA IAH at Aug 3) then i will filling the I-751. I am thinking about filling the past year (2012) because in 2011 I hadn't get my residency and had no idea how to file without a SSN.

Do you remember how long did you wait for a biometric/ interview?

Thank you

[Henny Dee 0]

That sounds like a really good advice. When you are planning to go back to the US? I am planning to go back this weekend (Aug 2) but then I will stay there until receiving the NOA from USCIS or BIO and planning to go back to Indonesia again. Do you know if I can travel after having my bio appointment?

1 & 2. Maybe. But with your 7-month old baby, you could say that you went back home because of first pregnancy and would like for your baby to be well enough to travel.

Many Asian women want to be with their family for the birth of their first child. It's normal.

3. Will your husband travel with you? If so, I'd say let him hold the baby and wait in line for US Citizens. If he is not, then I'd say you and the baby wait in line for PR. Not really sure if US Citizen (the baby) takes priority over PR (you)

4. Your husband need to write a letter explaining the situation why he did not fill taxes. Did he notify the IRS?

[ngo3361 8]

I am planning to go back this weekend (Aug 2) but then I will stay there until receiving the NOA from USCIS or BIO and planning to go back to Indonesia again. Do you know if I can travel after having my bio appointment?

You can travel after receiving the NOA1 (extension letter). Make sure the airline knows what it means. There is a thread http://www.visajourney.com/forums/topic/507689-trouble-with-foreign-border-controls-understandingrecognizing-the-noa1-extension-letter/#entry7154461

Or, you could make an Infopass, explain the situation, and have a stamp in your passport.

Personally, I would not recommend it, but again, I don't know your situation. If you absolutely have to travel, then be extra careful and take all the document with you.

[Henny Dee 0]

You can travel after receiving the NOA1 (extension letter). Make sure the airline knows what it means. There is a thread http://www.visajourney.com/forums/topic/507689-trouble-with-foreign-border-controls-understandingrecognizing-the-noa1-extension-letter/#entry7154461

Or, you could make an Infopass, explain the situation, and have a stamp in your passport.

Personally, I would not recommend it, but again, I don't know your situation. If you absolutely have to travel, then be extra careful and take all the document with you.

Thank you so much for your respond. When do you think the best time to travel again? After receiving the approval?

[funkymunky 11]

I would wait till your bio was done first before leaving again, do you have an address you will receive your letters and have someone who will tell you when you receive and letters while away?

The reason why is say what till after bio is because even though you can travel with the NOA, you won't be able to track the case online without the other case number assigned to you after you complete biometrics. Also you are usually sent an appointment date within 30 days of filing.

I'm currently away again for 8 weeks and left after my bio, it did not impact my case in any way but I can't say the same for continuous long absences. Make sure you have your NOA with you, as you will need this to re-enter the country.

You will need to have a plan on what to do if you receive a RFE or interview while away. I was lucky and did not have to worry about this but as with USCIS there are no guarantees as every case is different so try to include as much evidence you can think of when you file.

P.S I see you are filing with CSC, they are moving really fast but there is no set approval time so if you decide to wait it out in the states then better start planning now. Mine was approved in 2 months but some people have had to wait almost 6 months.

Edited July 29, 2014 by funkymunky