Reentry Permit

[J88 0]

Hi couple of questions, I received my green card and I will like to petition my wife for a green card. She is not in the US.

I have the intention to fill up a Reentry Permit and I will like to wait with here outside of the US waiting for here to get the green card.

 

Can I fill-up the Reentry Permit first ?

After I posted the Reentry Application Form, can I leave the country or I need to wait for something if so how long  should I wait in the US before leaving?

If I have a Reentry Permit approved , can I petition here if I'm outside of the county?

 

Do the Reentry Permit provide me the flexibility to come back in the US and leave after if I need to in the next 2Y ?

 

Thanks for your advice.

[geowrian 22,336]

To file an I-131 for a re-entry permit, you must be inside the US. You can leave at any point after.

The biometrics will be performed inside the US. Most people wait for that as it's a matter of weeks to couple months for this.

 

A re-entry permit does not guarantee re-entry. A re-entry permit only provides that you are not abandoning permanent residence due to time spent outside the US.

You must obtain and then maintain ties to the US. Things like having an active bank account and/or credit, filing US taxes, etc. are some examples, as are maintain a dwelling to return to (lease, house, etc.).

Do not claim residence outside the US.

 

Also, on what basis did you obtain your permanent residency? Why didn't she get one at the same time (if possible)?

Edited September 13, 2019 by geowrian

[SalishSea 16,835]

1 hour ago, J88 said:

Hi couple of questions, I received my green card and I will like to petition my wife for a green card. She is not in the US.

I have the intention to fill up a Reentry Permit and I will like to wait with here outside of the US waiting for here to get the green card.

 

Can I fill-up the Reentry Permit first ?

After I posted the Reentry Application Form, can I leave the country or I need to wait for something if so how long  should I wait in the US before leaving?

If I have a Reentry Permit approved , can I petition here if I'm outside of the county?

 

Do the Reentry Permit provide me the flexibility to come back in the US and leave after if I need to in the next 2Y ?

 

Thanks for your advice.

You will also need to consider your income and tax filing situation in order to be able to sponsor her.

[J88 0]

geowrian :Also, on what basis did you obtain your permanent residency? Why didn't she get one at the same time (if possible)?

That was not possible with a S13 Category.

 

 

Jorgedig: You will also need to consider your income and tax filing situation in order to be able to sponsor her.

How big this is important (Income taxe) knowing that I've move from to the US last month and not fill-up any income tax because I just arrive with S13 Category. But have a very good asset with my wife and home in the US that is own by here and me for over 3Y that is 100% paid, and paying city taxe  ?

 

 

What would be your recommendation in my situation ? Is this possible to sponsor here as for today ?

 

Thanks.

 

[geowrian 22,336]

4 minutes ago, J88 said:

That was not possible with a S13 Category.

So you're an American Indian born in Canada, right? I just want to confirm since S13 is not often seen here.

If so, then no issue petitioning your wife. You can start anytime...the sooner you file, the sooner she can be eligible for the visa.

 

As for financial sponsorship, check out the I-864p: https://www.uscis.gov/i-864p

You can use assets in lieu of income, but they need to be at a 5:1 ratio ($5 in assets = $1 in income). The primary home's value can be considered in the totality of the circumstances, but would not be suitable to meet the minimum income level (assets must not be a hardship on the sponsor to sell...a primary home would be a hardship).

The other option is to move back to the US shortly beforehand, obtain US employment, and then use that income.

The other-other option is to find a joint sponsor.

[J88 0]

geowrian So you're an American Indian born in Canada, right? I just want to confirm since S13 is not often seen here.

Yes :

 

Can Canadien Income will also be considor too or only US income ?

 

The option to have a job in the US is fine but I will be away from my wife for min 1Y. She can come in the US without any visa for 182 days max but after need to go back in canada. I have young children too.

 

Also knowing that I have a GC for 10Y with S13. Would you be worry for my self that I lost my GC (If I dont' ask for a re-entry permit) if I'm onside of the US for more than 6 Months. Knowing that I can reapply and get the GC very fast under 3 months. 

 

Thanks !

 

[geowrian 22,336]

2 minutes ago, J88 said:

geowrian So you're an American Indian born in Canada, right? I just want to confirm since S13 is not often seen here.

Yes :

Thanks for confirming.

 

2 minutes ago, J88 said:

Can Canadien Income will also be considor too or only US income ?

Any income can be considered so long as it will continue from the same source upon return to the US. In most cases, foreign employment does not continue when somebody moves back to the US, but there are situations where it does.

 

2 minutes ago, J88 said:

The option to have a job in the US is fine but I will be away from my wife for min 1Y. She can come in the US without any visa for 182 days max but after need to go back in canada. I have young children too.

Why a minimum of 1 year? You could obtain US employment prior to submitting the I-864 (at NVC), which decreases the separation to a matter of months.

If you have sufficient assets to get through NVC review of the I-864, then you could yet delay US employment to weeks/couple months before the interview.

 

The reason I mention this is 2-fold:

1) Financial sponsorship is necessary. They do take the public charge matter seriously.

2) Montreal is notoriously strict with the petitioner having US domicile. Separation is essentially a must here. Just intent to establish US domicile is very often insufficient for them.

 

2 minutes ago, J88 said:

Also knowing that I have a GC for 10Y with S13. Would you be worry for my self that I lost my GC (If I dont' ask for a re-entry permit) if I'm onside of the US for more than 6 Months. Knowing that I can reapply and get the GC very fast under 3 months.

If you were to lose your LPR status (a green card is only evidence of LPR status), then your petition would become invalid and you would have to start all over with that, too.

 

I'm not seeing a strong case for LPR status being deemed abandoned with a valid re-entry permit and returning to the US within the 2 years. Just obtain and maintain US ties, file US taxes appropriately, etc. They do take abandonment of LPR status seriously, but at the same time, it's a process to revoke LPR status and it's not something they push unless there is a strong case that intent was to live abroad as your primary residence.