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Mac An Lighiche

Reentry within a year? Question 2

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Well, I had attached this to the end of a post I'd made previously and was given all good responses but I'm a little worried and was wondering if someone could give me just a little more advice.

I've been out of the US for 8 months with family based medical emergency and such. Could you explain my rights to me a little, it's like my biggest fear being stopped at customs and treated like a criminal or something lol. I have nothing to hide but my leaving date was January 11, I had a return flight for May but I over stayed because my cousin had leukemia and he was only 18. Since it's September now, I have until Jan 11 before it's a year again. I just don't know if I should leave it much longer, if I flew back in December would I have trouble? I brought savings with me but they are running out and I can make some money between now and then to take back with me. Is this acceptable? Or am I pushing it, should I leave now?

Thank you so much, sorry I'm just nervous about it.

Edited by Mac An Lighiche

K-1 Visa Process

2011

2/3 Petitioned K-1 Visa I-129F I-134 G-325A x2 E-1145 & supporting evidence + $350 to VT

9/3 Petition Approved

29/6 Case now in the hands of local consulate

28/7 Filed DS-230 DS-156 x2 DS-157 x2 DS-156k DS-2001 & supporting evidence to London

22/8 K-1 Interview scheduled! Setup medical appointment

10/9 Medical examination in London + $350

14/9 Medical results sent to US Embassy London

26/9 Attended K-1 Approval Interview in London

7/10 Passport/Visa!!! BOOKED FLIGHT!


Adjustment of Status

2011

11/7 Vaccination records with I-693 paid $50

11/18 Filed AOS I-458 I-765 I-864 I-864A I-693 G-325A E-1145 & supporting evidence + $1070 to Chicago

12/7 Emailed with case numbers and delivery date for I-797C

12/10 NOA1 Physical copy I-797C for EAD & I-485 received

12/15 Biometrics Appointment letter received appointment scheduled

12/24 RFE for AOS: More tax return information

12/27 IRS Transcripts ordered

2012

1/6 Biometrics appointment in ATL

1/17 Received Transcripts

1/19 Transcripts sent to MO

1/27 RFE accepted, case transferred to CSC

1/30 EAD moved into production

2/6 EAD arrives applied for SSN number

2/13 SSN number arrives

5/16 GC moved into production!

5/22 GC arrived Valid from 5-12-12


Removal of Conditions

2014

22/4 overnighted ROC I-751 + $590

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No, everything is not "fine" just because it worked out for you in your situation.

LPRs are required to maintain their residency in the US by maintaining US Bank accounts, mailboxes, drivers licenses/IDs, filing federal income tax returns, etc.

It's possible that CBP will ask you to provide proof of your maintenance of your residency when you attempt to enter, so hopefully you have something to show them.

After you have been outside the US for a year and don't possess a re-entry permit, there is a presumption that you have abandoned your residency. If you attempt entry under these circumstances then it's likely that you would be asked to voluntarily surrender your green card at PoE. If your declined then you may well be referred to immigration court where CBP would ask an immigration judge to revoke your LPR status.

The long and the short of it is that a green card is for people who are living in the US. If you aren't living in the US then you aren't entitled to a green card.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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I get that, I paid my income taxes, even though I wasn't there this year and still have my wife in the US, I'm just wondering if I should leave now rather than later


K-1 Visa Process

2011

2/3 Petitioned K-1 Visa I-129F I-134 G-325A x2 E-1145 & supporting evidence + $350 to VT

9/3 Petition Approved

29/6 Case now in the hands of local consulate

28/7 Filed DS-230 DS-156 x2 DS-157 x2 DS-156k DS-2001 & supporting evidence to London

22/8 K-1 Interview scheduled! Setup medical appointment

10/9 Medical examination in London + $350

14/9 Medical results sent to US Embassy London

26/9 Attended K-1 Approval Interview in London

7/10 Passport/Visa!!! BOOKED FLIGHT!


Adjustment of Status

2011

11/7 Vaccination records with I-693 paid $50

11/18 Filed AOS I-458 I-765 I-864 I-864A I-693 G-325A E-1145 & supporting evidence + $1070 to Chicago

12/7 Emailed with case numbers and delivery date for I-797C

12/10 NOA1 Physical copy I-797C for EAD & I-485 received

12/15 Biometrics Appointment letter received appointment scheduled

12/24 RFE for AOS: More tax return information

12/27 IRS Transcripts ordered

2012

1/6 Biometrics appointment in ATL

1/17 Received Transcripts

1/19 Transcripts sent to MO

1/27 RFE accepted, case transferred to CSC

1/30 EAD moved into production

2/6 EAD arrives applied for SSN number

2/13 SSN number arrives

5/16 GC moved into production!

5/22 GC arrived Valid from 5-12-12


Removal of Conditions

2014

22/4 overnighted ROC I-751 + $590

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I might leave sooner v later for peace of mind. Your other thread explained why you were gone better, that it was unexpected, that you had lived int he US for 4 years or something, and still were married.

Who knows what would happen at POE, but I think your story will check out eventually. You might get hassled a little, but hopefully not. Just don't voluntarily surrender your GC if they ask :)


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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You'll be fine. I was out of the US for 2 years before I came back. As long as there were no crimes committed, you'll be fine :)

Terrible advice!!! Just because you got away with it doesn't mean the OP or others will!!!



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Well, I had attached this to the end of a post I'd made previously and was given all good responses but I'm a little worried and was wondering if someone could give me just a little more advice.

I've been out of the US for 8 months with family based medical emergency and such. Could you explain my rights to me a little, it's like my biggest fear being stopped at customs and treated like a criminal or something lol. I have nothing to hide but my leaving date was January 11, I had a return flight for May but I over stayed because my cousin had leukemia and he was only 18. Since it's September now, I have until Jan 11 before it's a year again. I just don't know if I should leave it much longer, if I flew back in December would I have trouble? I brought savings with me but they are running out and I can make some money between now and then to take back with me. Is this acceptable? Or am I pushing it, should I leave now?

Thank you so much, sorry I'm just nervous about it.

You can read what USCIS says about it here

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

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Try to come back at a major international entry point like JFK - officers there seem to not be as strict and let slip a lot more than in smaller airports from what I've read.

For instance, when we came back using an AP at JFK, the officer didn't even send us to secondary and barely looked at the AP card, looked closer at the original K1 visa, just stamped as K1 status (right next to previous K1 entry even though K1 is a one time visa).

When we came back during ROC at JFK, the officer didn't even care that the GC was expired and didn't ask for extension letter or anything.

I know somebody that won a GC in a lottery like 10 years ago, but is living in Germany currently and just comes to the US like once a year for 2 weeks, every time coming in at JFK and has never had any problems whatsoever getting in.


1/4/13 - I129-F Sent | 1/8/13 - Received by USCIS
1/10/13 - NOA1 to VSC | 1/11/13 - Text/Email | 1/17/13 - Hard Copy Received
1/16/13 - Alien Registration Number changed
5/24/13 or 5/29/13 - Case Transferred to TSC
7/2/13 - NOA2 from TSC! (173 days from NOA1) | 7/6/13 - Hard Copy Received
7/18/13 - Shipped to NVC | 7/26/13 - Received at NVC and case number assigned
7/29/13 - In transit to consulate | 7/31/13 - Received by consulate
8/20/13 - Medical - Passed | 8/21/13 - Interview - Approved!
8/28/13 - Passport with visa ready to pickup from courier
10/17/13 - POE - JFK
10/28/13 - Applied for SSN and marriage license | 11/2/13 - SS card received
11/21/13 - Wedding


12/30/13 - I485/I765/I131 Sent | 1/2/14 - Received by USCIS
1/3/14 - NOA1 to NBC | 1/16/14 - Hard Copy Received
2/4/14 - Biometrics
3/7/14 - AP and EAD approved!
3/11/14 - AP/EAD card mailed | 3/14/14 - Received
4/10/14 - Interview Waiver letter
6/16/14 - Approved! | 6/21/14 - GC Received


5/2/16 - I-751 Sent | 5/5/16 - Received by USCIS
5/6/16 - NOA1 to VSC
6/14/16 - Biometrics

4/19/17 - Approved! | 4/22/17 - Letter received | 5/4/17 - GC Received

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