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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted

Hi,

 

My in-laws are permanent residents and have been visiting the US and have been visiting every 6 months or sooner.

 

When they came here in August, their passports were stamped with the following "5 months, Advised on time out". What does this mean?

They would like to go back since they have a minor child back home, and had planned to come only for about a month before heading back to take care of the child. 

11/04/11 Got Married

USCIS:

12/28/11 - I-130 Sent

12/30/11 - NOA1 Received

06/08/12 - NOA2 Received

NVC:

07/02/12 - Case arrived at NVC

07/12/12 - Received case #, IIN, and BIN, gave e-mail addresses

07/13/12 - E-mailed DS-3032 from Beneficiary's e-mail address

07/23/12 - AOS bill invoiced & PAID

07/24/12 - DS-3032 accepted, IV bill invoiced & PAID

07/25/12 - AOS bill appears as PAID, IV bill appears as PAID, AOS Package sent, IV Package sent

07/26/12 - AOS and IV Packages delivered to NVC

08/01/12 - AOS/I-864 accepted, Checklist Issued for DS-230

08/13/12 - Responded to Checklist

08/20/12 - IV accepted, Case Complete

09/14/12 - Interview date Assigned (Interview Date: 10/04/12)

Medical/US Consulate/POE:

09/21/12 - Medical

10/04/12 - Interview (Approved!)

10/08/12 - Visa received

11/02/12 - POE (Chicago, IL)

11/25/12 - Received Permanent Resident Card

11/26/12 - Applied for SSN at SSA Office

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

   A green card means you spend most of your time in the US, pay US taxes on your world wide income .  The advise they got was they are not spending most of their time in the US and may lose their green card.  If they only want to visit they need to give up the green card and get a visitors visa.  

This will not be over quickly. You will not enjoy this.

Posted
6 minutes ago, reelss said:

Hi,

 

My in-laws are permanent residents and have been visiting the US and have been visiting every 6 months or sooner.

 

When they came here in August, their passports were stamped with the following "5 months, Advised on time out". What does this mean?

They would like to go back since they have a minor child back home, and had planned to come only for about a month before heading back to take care of the child. 

This is a big red flag for their permanent residency.

 

Pretty much it had been acknowledged and noted that they are using their green cards as tourist visas. Green cards are for LIVING in the US, not VISITING. If they have a child back home, life back home then they should officially abandon their green card.

 

I wouldn't be surprised that next time they try to enter the US, they will be put in front of immigration court.

 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Posted (edited)

Agreed. It's basically a documented warning that they are spending too much time outside of the US and are at risk of having permanent residency deemed abandoned if they continue such behavior. Future CBP officers may see it and use that in that consideration of having abandoned residency.

As noted, a legal permanent resident (green card holder) has a requirement to be living in the US. It sounds like they are only visiting, which is not a permitted use of a green card.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: Citizen (apr) Country: India
Timeline
Posted

Couldnt agree beyond what the above posters said.

The Semantic meaning of a resident is to have their main life in US and occasional out of country living. If you go with the syntactic interpretation of numbers(that every 6 months or less outside US), it may eventually interpreted into the semantic understanding and result in a consideration of "You are not a resident"(in other words, you dont need a green card).

So, think logically, if you cant prove that you are primarily living in US, Green Card is not yours(this is exact meaning of a Green Card, a residence permit for a non citizen) 

My USC Journey noteshttps://tinyurl.com/myUSCNotes 

Citizenship: Completed SFO/CA(Details: Click the hidden content below)

Spoiler

Nov 31, 2020 (Day 00): Submitted N400 Application, filed online.

Dec 07, 2020 (Day 08): NOA Receipt received in the mail.

Feb 19, 2021 (Day 82): Biometrics reuse notice received online.

Dec 22, 2021 (Day 387) Interview is  scheduled for 01/25/2022.

Jan 25, 2021 (Day 420) Interview and Oath is completed.

Passport: Completed (Details: Click the hidden content below)

Spoiler

Jan 26, 2022 (Day 00): Submitted Application at USPS - Regular speed.

Feb 01, 2022 (Day 06): DOS received (status: in process) Locator 69: New Hampshire: Old Gen Passport to come.

Feb 23, 2022 (Day 28) :  Approved on DOS site.

Feb 28, 2022 (Day 33) :  Received the passport - Old Gen.

Mar 01, 2022 (Day 34) :  Received the passport card.

Mar 04, 2022 (Day 37) :  Received the original Naturalization Certificate safely.

SS Updates: In Progress (Details: Click the hidden content below)

Spoiler

Feb 29, 2022 (Day 00) :  Received the passport card, used it for SS updates request on the same day.

 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
34 minutes ago, reelss said:

Hi,

 

My in-laws are permanent residents and have been visiting the US and have been visiting every 6 months or sooner.

 

When they came here in August, their passports were stamped with the following "5 months, Advised on time out". What does this mean?

They would like to go back since they have a minor child back home, and had planned to come only for about a month before heading back to take care of the child. 

They do not qualify for Green Cards.......they are tourists.......They should have their primary residence inside the US.

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted (edited)

I know another set of parents doing the same thing. They hate each other, so they cross coming and going. She has been in the US many months to avoid him, he is getting ready to go back, but is still working in Pak. If infuriates me because they have houses, cars, plenty of stuff back in Pakistan due to his corruption. These are the people that make it hard for the rest of us. He probably paid to get those green cards too. They have no reason to have a green card. He tells his big shot buddies that he can get them a green card too.

Edited by Love To Teach
 
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