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twinkle29

is it okay to leave the US before getting my green card?

By twinkle29 in Working & Traveling During US Immigration

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steve n songsang Collaborator

steve n songsang   45

Posted
Filed: AOS (apr) Country: Thailand
 Timeline
Posted

Hank and NLR have given concise answers as to this woman`s options going forward...ours is not to judge her or the reasons for the decisions she will or may make. Raven52....an EAD/AP combo card NOR a green card gurantee entry to the U.S., only a U.S. passport does.

9/16/2013-I-129-F Petition Rec`d-(Dallas lockbox, transfered to CSC)
9/19/2013-Notice Date- NOA-1
10/1/2013-Notice Date- NOA-2-I-129-F Petition Approved!
11/1/2013-NVC Rec`d I-129-F Petition
11/14/2013- U.S.Consulate- BKK Rec`d I-129-F
11/23/2013-Rec`d Packet 3
12/1/2013-Medical Exam
12/9/2013-Packet 3 sent to U.S. Consulate-BKK
12/16/2013-Rec`d Packet 4
1/22/2014-Interview/Approved!
1/25/2014-Rec`d Visa/Passport (Korat)

4/30/2014-POE-Chicago-O`Hare
5/1/2014-Successful S.S.# Application(Chicago office)Marriage License(Cook County)
5/2/2014-Married!
5/16/2014-AOS,I-765,I-131 package received by U.S.C.I.S.
5/19/2014-Notice Date- NOA-1`s
5/23/2014-Rec`d Biometrics Appointment Notice
5/30/2014-Early Biometrics(Chicago location)
7/26/2014-I-765 and I-131 Approved (card production)
8/01/2014-Rec`d Combo Card
9/10/2014-Rec`d Potential Interview Waiver Letter
3/20/2015-Filed form with CIS Ombudsman requesting assistance with AOS.
3/21/2015-Rec`d case# from Ombudsman.
4/03/2015-Sent I-765/I-131 renewal documents to U.S.C.I.S.
4/9/2015- NOA Notice Dates-I-765/I-131 renewal.
4/10/2015-NOA Notice Date-Biometrics Appt.for I-765/I-131 renewal.
4/27/2015-Biometrics Appt.for I-765/I-131 renewal.

5/22/2015-Rec`d RFE for expired Medical Exam.

5/23/2015-Rec`d Renewal Combo Card.

6/8/2015-Updated I-693 Medical Exam sent to U.S.C.I.S. (New York office)

6/20/2015-Rec`d Welcome Letter.

6/24/2015-Rec`d Green Card via U.S.P.S.

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jxn Community Regular

jxn   86

Posted
Filed: Citizen (pnd) Country: El Salvador
 Timeline
Posted

I was asking an honest question. I have my personal reason for doing what i want to. thanks,but no thanks for your comments and remarks.

Hi OP, I understand it can be hard to gauge tone online and some of the responses have seemed a bit harsh but I think it would benefit you to elaborate more on your plans, and perhaps explain why you've apied for AoS if your family is planning on going to live in the Philippines for a few years. Not to mention, it would help others in similar situations that find this thread.

As others and I have said, leaving before adjusting status abandons that claim to residency. Also, staying away for over a year without a re-entry permit abandons your claim. The re-entry permit wouldn't help you for more than two years, and if you don't share what the persobal reasons for leaving the U.S. are we cant help give insights on how likely you are to get a re-entry permit. Even six months abroad or more can get scrutinized for a green card holder.

Did you not know about the residency requirement to maintain the green card? Admittedly, I did not until my wife and I went through the process, but in our case it didn't matter as we planned on staying in the U.S. anyway.

Do you have an EAD/AP combo card?

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msbau764 Community Regular

msbau764   245

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted

Hank and NLR have given concise answers as to this woman`s options going forward...ours is not to judge her or the reasons for the decisions she will or may make. Raven52....an EAD/AP combo card NOR a green card gurantee entry to the U.S., only a U.S. passport does.

I don't subscribe to that theory. VJ should also be about advice. Being blinded by the "quickest" way to get a visa or skirt the system could cause problems.

K1 Visa Event Date Service Center : Texas Service Center Transferred? No Consulate : Juarez, Mexico

I-129F: Sent 9/5/2014

I-129F: Arrived at Lewisville 9/8/2014

I-129F: NOA1 Text message/mail 9/11/2014

I-129F: Alien Registration Number Changed 9/16/2014

I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014

I-129F: Name Change request made 10/31/2014

I-129F: Crickets as of today

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twinkle29 Newbie

twinkle29   2

Posted
Filed: Timeline
  • Author
Posted

I already have my AP/AED and my interview for my green card is this coming Nov. Husband is retired, He wants to go back to the Philippines for good, but we are confuse how about if he decide to come back within 3yrs, 4yrs, 5 etc.We want to know in advance what we are going to do if ever it happen. Pls I only want some advice and input, to have an adea but some people are judging me and put some remarks that I don't need.

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steve n songsang Collaborator

steve n songsang   45

Posted
Filed: AOS (apr) Country: Thailand
 Timeline
Posted

then, to agree with Hank and NLR`s previous posts,and to add (not knowing when you are planning to move to the Phils)it would probably be best to correctly abandon your 2yr. green card so you will be in good standing with the U.S.C.I.S.,then, if you decide to return to the U.S. a few years down the line you can DCF at manila embassy a CR-1 visa and receive 10 yr. green card after you return to the U.S.

9/16/2013-I-129-F Petition Rec`d-(Dallas lockbox, transfered to CSC)
9/19/2013-Notice Date- NOA-1
10/1/2013-Notice Date- NOA-2-I-129-F Petition Approved!
11/1/2013-NVC Rec`d I-129-F Petition
11/14/2013- U.S.Consulate- BKK Rec`d I-129-F
11/23/2013-Rec`d Packet 3
12/1/2013-Medical Exam
12/9/2013-Packet 3 sent to U.S. Consulate-BKK
12/16/2013-Rec`d Packet 4
1/22/2014-Interview/Approved!
1/25/2014-Rec`d Visa/Passport (Korat)

4/30/2014-POE-Chicago-O`Hare
5/1/2014-Successful S.S.# Application(Chicago office)Marriage License(Cook County)
5/2/2014-Married!
5/16/2014-AOS,I-765,I-131 package received by U.S.C.I.S.
5/19/2014-Notice Date- NOA-1`s
5/23/2014-Rec`d Biometrics Appointment Notice
5/30/2014-Early Biometrics(Chicago location)
7/26/2014-I-765 and I-131 Approved (card production)
8/01/2014-Rec`d Combo Card
9/10/2014-Rec`d Potential Interview Waiver Letter
3/20/2015-Filed form with CIS Ombudsman requesting assistance with AOS.
3/21/2015-Rec`d case# from Ombudsman.
4/03/2015-Sent I-765/I-131 renewal documents to U.S.C.I.S.
4/9/2015- NOA Notice Dates-I-765/I-131 renewal.
4/10/2015-NOA Notice Date-Biometrics Appt.for I-765/I-131 renewal.
4/27/2015-Biometrics Appt.for I-765/I-131 renewal.

5/22/2015-Rec`d RFE for expired Medical Exam.

5/23/2015-Rec`d Renewal Combo Card.

6/8/2015-Updated I-693 Medical Exam sent to U.S.C.I.S. (New York office)

6/20/2015-Rec`d Welcome Letter.

6/24/2015-Rec`d Green Card via U.S.P.S.

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Ian H. Proficient

Ian H.   207

Posted
Filed: IR-1/CR-1 Visa Country: Dominican Republic
 Timeline
Posted

I'm not sure how the OP is trying to "skirt" the system. She is only trying to find out the options available to her. Advice can be freely given, but no one here needs to pass judgment because that's what a mother is for.

OP: You have two choices here:

One is that you can abandon the process properly, you go back to the Philippines and apply for a spousal visa only when you are ready to live permanently in the US, or at least long enough to become a USC.

Second is that you stay in the US, get your GC, do ROC, and then apply for USC based on the 3 year rule and leave once you are a USC.

Unfortunately, there is no in between or gray area here. If you get your GC now and leave, it's going to bring much more problems down the line.

This does not constitute legal advice.

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