Green card oversay

[munikur 0]

My wife received Green Card for 10 years in May 2017, her IR1 Visa will expire in May 31st 2018. My wife made a trip to US in April and left to India on April 30th, we are in the process of winding up things in India and my wife will join me in USA by Jan 15th next year. From April 30th till Jan 15th which is about 2 1/2 months over stay in India, do I need to file petition to get an extension? 

 

Any one what need to be done in this matter? really appreciate your responses.

 

Thanks in advance

 

 

[Crazy Cat 41,981]

I don't understand.  How did she receive her GC in May, but leave the US in April?  Did she leave the US without her actual card?

[cyanmavi 101]

I believe OP's wife hasn't entered US as a IR1 visa holder yet, she visited in April right before receiving approval in May.

 

"From April 30th till Jan 15th which is about 2 1/2 months over stay in India" is the part I am not clear about though. Does she require a visa to be in India and overstayed it?

[munikur 0]

4 hours ago, missileman said:

I don't understand.  How did she receive her GC in May, but leave the US in April?  Did she leave the US without her actual card?

I received GC in May, she was here in April and left. Correct, she left US without GC. I am planning to go and wind up things there and bring her back with GC but worried about her overstay of 2.5 months in India. Is it a concern?

[SabRob 154]

3 hours ago, munikur said:

I received GC in May, she was here in April and left. Correct, she left US without GC. I am planning to go and wind up things there and bring her back with GC but worried about her overstay of 2.5 months in India. Is it a concern?

You cannot file for a re-entry permit if you are not physically present in the US, to answer your first question. Because in Jan she will have been gone for 8 months she will probably be asked a lot of questions and should be prepared to show proof that she actually intends to live in the US. 

[SabRob 154]

7 hours ago, cyanmavi said:

I believe OP's wife hasn't entered US as a IR1 visa holder yet, she visited in April right before receiving approval in May.

 

"From April 30th till Jan 15th which is about 2 1/2 months over stay in India" is the part I am not clear about though. Does she require a visa to be in India and overstayed it?

No, she entered the U.S. on her IR-1 visa and left before receiving her GC. The 2 month overstay OP is talking about refers to the fact that she will be absent from the country for 8 months (planning to return to the US in Jan 2018). Anyway, green card overstay is confusing and probably a poor choice of words. He was asking if she will face any problems at the border since it's generally advised that GC holders shouldn't be absent from the US for more than 6 months/trip.

[JFH 12,190]

13 hours ago, munikur said:

 her IR1 Visa will expire in May 31st 2018.

 

 

If she has already entered with her visa once then it has already expired. An IR-1 is a single use visa to allow an intending immigrant to get on a plane with a one-way ticket. Once you have been "processed" by CBP on arrival you are a permanent resident and no longer need a visa to enter or stay in the country. 

 

So she arrived in April, stayed a couple of weeks and left again with no intention to return until January? That's a long stay out of the country. Theoretically she will be able to re-enter, however no entry is ever guaranteed. Be prepared for some intense questioning. There have been GC holders who have lived here continuously for 10 years or more who are questioned in detail after going out of the country for one week so a 9-month trip after only a few weeks in the country will certainly raise a few eyebrows. 

[Crazy Cat 41,981]

1.  Entered US in April via IR1

2. Left Us same month before receiving Green Card

3. Remained outside US almost 10 months

 

Yes, I would expect a lot of scrutiny about maintaining residency. Spousal visas are not for visiting...

Good luck

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration forum.

[Areaze 7]

16 hours ago, missileman said:

1.  Entered US in April via IR1

2. Left Us same month before receiving Green Card

3. Remained outside US almost 10 months

 

Yes, I would expect a lot of scrutiny about maintaining residency. Spousal visas are not for visiting...

Good luck

It's common though for many people who have entered the USA on an immigrant visa in order to activate/receive their permanent resident card then go back up to a year to finish things up in their home country.

 

Especially if they derived permanent residency through family, rather than employment.

[SusieQQQ 11,586]

2 hours ago, Areaze said:

It's common though for many people who have entered the USA on an immigrant visa in order to activate/receive their permanent resident card then go back up to a year to finish things up in their home country.

 

Especially if they derived permanent residency through family, rather than employment.

It’s common for something like diversity visa or maybe sibling/adult child visas. Saying it’s common for spouses however sounds like a huge stretch - usually spouses are complaining about the enforced separation while waiting for the visa, not choosing to live apart for extended periods of time after that. 

[Crazy Cat 41,981]

4 hours ago, Areaze said:

It's common though for many people who have entered the USA on an immigrant visa in order to activate/receive their permanent resident card then go back up to a year to finish things up in their home country.

 

Especially if they derived permanent residency through family, rather than employment.

No, I don't think so.  Most spousal visa holders have plenty of time to "finish things up" during the long wait.

[Areaze 7]

48 minutes ago, missileman said:

No, I don't think so.  Most spousal visa holders have plenty of time to "finish things up" during the long wait.

Depends. Some have felt rushed to enter the USA with unfinished business with trump fears earlier this year.

 

For Adult Children / Siblings / DV that is a definitely possibility of heading to the USA with unfinished business.

Edited October 23, 2017 by Areaze

[SusieQQQ 11,586]

55 minutes ago, Areaze said:

Depends. Some have felt rushed to enter the USA with unfinished business with trump fears earlier this year.

 

For Adult Children / Siblings / DV that is a definitely possibility of heading to the USA with unfinished business.

I’m thinking you’re not aware of the typical timeline/progress of spousal visas. And as said spouses usually want to, um, be together. 

 

As a beneficiary of an adult child petition before I won DV, I can also tell you there is plenty of time to wrap things up and not have unfinished business. Even longer for siblings. This is why DV, which is the only really “rushed” visa, is usually the only one that people leave again to finish things up. Regardless, it’s clearly logical for a CBP official to be suspicious of a spouse who spends month on ends away from the other spouse just when they are finally able to be together after all the waiting for the visa.

Edited October 23, 2017 by SusieQQQ