What if we end up moving outside the US after she comes to the US?

[Lemonslice 4,567]

I can take your green card... Does not mean I'm correct, authorized, or right. Not having your green card in hand is much different than losing your permanent residency.

[aaron2020 11,651]

19 minutes ago, MandW said:

WRONG. 

At POE the immigration officer can TAKE the green card, deny entry, and enforce it. , if you are in violation of the terms and conditions of the green card a POE officer can withhold your green card, and have a hearing and ordered to revoke. They will NOT let you in and say "appear on this date...."

 

they can in fact take your green card, hold you in custody and then a hearing but you will not get the card back or released until after that hearing so yes a airport immigration officer can take your green card

"Even Green Card Holders Can Be Detained or Arrested By Airport Immigration. If the Customs officer determines that the person falls into one of the above categories and that he or she is inadmissible from the United States, the Customs officer may decide to place the person in removal, or deportation, proceedings."

CBP is not authorized to terminate anyone's legal permanent residency.

 

Only an immigration judge would be able to terminate a person's legal permanent residency.  

 

Taking the card would not terminate LPR status.

 

Due process would not allow CBP to terminate LPR status without a hearing.  

 

[Nitas_man 3,100]

1 hour ago, MandW said:

WRONG. 

At POE the immigration officer can TAKE the green card, deny entry, and enforce it. , if you are in violation of the terms and conditions of the green card a POE officer can withhold your green card, and have a hearing and ordered to revoke. They will NOT let you in and say "appear on this date...."

 

they can in fact take your green card, hold you in custody and then a hearing but you will not get the card back or released until after that hearing so yes a airport immigration officer can take your green card

"Even Green Card Holders Can Be Detained or Arrested By Airport Immigration. If the Customs officer determines that the person falls into one of the above categories and that he or she is inadmissible from the United States, the Customs officer may decide to place the person in removal, or deportation, proceedings."

“WONG!!!!!!!?”  LOL

 

Getting a summons and taking a green card are two different things.

 

https://www.actionbail.com/what-to-expect  is the worst that happens if they detain you.  500-1000 bucks and you’re back in business.

 

It takes years to remove someone and they don’t take the green card until all appeals have been exhausted

You never, ever have to surrender your green card at a POE.  Get your summons, post your 500-1000 bucks bail, and dig in for the fight.  Proving that a USC spouse has “abandoned” residency is next to impossible and the burden of proof is on the state, not the immigrant.  We know that, they know that, and that’s why all they do is lecture us when we bend the rules.

[Nitas_man 3,100]

1 hour ago, Lemonslice said:

I can take your green card... Does not mean I'm correct, authorized, or right. Not having your green card in hand is much different than losing your permanent residency.

They can’t even order you to surrender it.  All they can do is kick off removal proceedings.

[Nitas_man 3,100]

1 hour ago, Lemonslice said:

... But it's not a final decision since you get a hearing, then the judge makes a decision.

You get lots of hearings.  Removal based on abandonment alone is next to impossible.

[Killowatts 26]

Ok, lots of spirited exchange here.  I will go with the advise from the person who lived/worked in Saudi.  This is just exploration at this point as I don't have a firm written offer in-hand yet.  I'm doing my homework before we get to that stage so I know what my options are, and as usual, this forum has provided great info.

 

To clarify our particulars:

 

1.  We don't even have our visa yet.  NVC sent the "you're approved, packet is transferring to Manila embassy and interview packet is coming" email this monday.  So we'll have our interview sometime in Feb and go from there.

 

2.  I'm going to KSA on a previous visitor visa I hold to "meet and greet" and ensure it's a good fit mutually.  The timing would likely be just before her Embassy interview, and the KSA company agreed to make my return flight go through Philippines so I could stop off and spend time with her, possibly even escort her to the US on her newly approved visa by then and we'd get married here in Vegas upon arrival.

 

3.  After that trip, it would probably be March or even April before I had a signed offer to have to decide, meaning it would be April or even May before we would end up having to go.

 

4.  Worst case, I get the offer, accept, fly with her back to Philippines to settle her back in with family and then head to KSA to begin my job.

 

5.  The KSA company would take several months to generate the residence-grade work visa (the arabic name escapes me now).  Once I had that upgraded visa, my wife would join me living in KSA at our compound residence.

 

6.  When we're ready to visit the US on leave, we'd go to Riyadh US embassy and get a tourist visa for her.

 

7.  When we're ready to repatriate to the US, we'd initiate a new K1 (this time I-130) visa with documented history why we let the old one go.

 

 

As for the negative poster(s) "why would you go to KSA", it's not my job to justify or to change your obviously biased mind.  I know it's not sunshine and lollipops, but I've been there before and find it a great opportunity, properly managed.  The opportunity, along with the insane pay package, is the only reason we're having this conversation in the first place.

 

I wish you all a great journey in life.  Thanks again for the positive contributors.

[Randyandyuni 2,682]

Good luck in your ventures!

[payxibka 10,044]

9 hours ago, RayAndCrisnaLyn said:

Ok, lots of spirited exchange here.  I will go with the advise from the person who lived/worked in Saudi.  This is just exploration at this point as I don't have a firm written offer in-hand yet.  I'm doing my homework before we get to that stage so I know what my options are, and as usual, this forum has provided great info.

 

To clarify our particulars:

 

1.  We don't even have our visa yet.  NVC sent the "you're approved, packet is transferring to Manila embassy and interview packet is coming" email this monday.  So we'll have our interview sometime in Feb and go from there.

 

7.  When we're ready to repatriate to the US, we'd initiate a new K1 (this time I-130) visa with documented history why we let the old one go.

 

1)  Just for clarification.  There is no packet coming from the Embassy.  The email is a link to what is already on the wewbsite which you can read and review today if you are so inclined

 

7)  Repatriation will NOT be K-1 if you file an I-130 (this assumes you marry), it will be as your spouse and as an immigrant visa (CR1 or IR1)

 

[Lil bear 3,840]

OP.. Your last post says you will file another K1.. this time an I 130

K1 is a fiancé visa .. you are married so it’s not another K1

 

You will be filing for an Immediate Relative - spouse visa. which does begin with submitting the petition using  the I130. The immigrant visa she will then apply for will be either a CR1 if you have been married for less than 2 years at final POE with the issued visa, or an IR 1 if married for longer than 2 years 

I am not being pedantic... in this process words have very specific meanings and correct terminology can stop huge errors from happening 

[Nitas_man 3,100]

On 1/8/2019 at 10:31 PM, Lil bear said:

You will need to work remotely for a lot longer than 6 to 8 months before you reach a point where she can do anything to not lose her US residency status while  staying overseas for  anything longer than 12 months. 

She could use a Reentry Permit to allow her to reenter after an absence of up to 2 years .. but she had to have her GC to apply for this ... a 9 to 15 month processing time from when you submit the AOS documents after you marry 

It’ll expire when the green card does.  That doesnt buy two years.  The OP has the right plan.  Marry & leave without filing.  No issues when they want to come back permanently especially from Saudi where the embassy bends over backwards to help you get home, and issues tourist visas to US spouses on request while you live there.  Saw it happen for years over there.  They’ll be OK.

[wxman22 109]

On 1/11/2019 at 10:54 AM, aaron2020 said:

CBP is not authorized to terminate anyone's legal permanent residency.

 

Only an immigration judge would be able to terminate a person's legal permanent residency.  

 

Taking the card would not terminate LPR status.

 

Due process would not allow CBP to terminate LPR status without a hearing.  

 

MandW are more right than wrong.

 

People here are now confusing the issue with loss of residency while being in the USA.

In the OP's question, this is not the case. 

If absent for a "long" time, long being greater than 6 months, then the POE Officer can deny you entry. 

As Mand W stated, they were able to talk their way in two times, would they have been allowed three? who knows. 

 

Now, let's say, that returning after some absence, you are coming to US for a visit, but not to live. Then, what will likely happen is that they will ask you to sign Abandonment of GC form (or whatever it's called), take your GC and give you a Tourist Visa. Everyone is happy and in effect, the Border Officer did take your GC.

 

So, you are all correct, but in practical use, Mand W are more correct and you need to plan accordingly.