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leorios

multiple travels outside US

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hey guys. So I had a 11 month trip overseas, came back to the US! - no problem, just few questions

 

stayed 3 weeks in the US

 

went overseas again, for 50 days

 

came back to the US ( CPB did not ask anything ), stayed 45 days

 

want to go overseas again for 45 days

 

does this trip gonna count as more than 365 days outside the US?....or the "1 year rule" is just for a single trip?

 

I know I should not be traveling right now but unfortunately life happens and I need to go see my family!

 

 

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Filed: AOS (apr) Country: New Zealand
Timeline
10 minutes ago, leorios said:

 

 

hey guys. So I had a 11 month trip overseas, came back to the US! - no problem, just few questions

 

stayed 3 weeks in the US

 

went overseas again, for 50 days

 

came back to the US ( CPB did not ask anything ), stayed 45 days

 

want to go overseas again for 45 days

 

does this trip gonna count as more than 365 days outside the US?....or the "1 year rule" is just for a single trip?

 

I know I should not be traveling right now but unfortunately life happens and I need to go see my family!

 

 

Are you a green card holder (please make a timeline)?  If so, then yes, you are at risk of losing your green card. Green card is for living in the US, not just visiting.

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14 minutes ago, Jorgedig said:

Are you a green card holder (please make a timeline)?  If so, then yes, you are at risk of losing your green card. Green card is for living in the US, not just visiting.

I live in the USA, I just need to take care of sick family member overseas..I have all the proof I live here

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The 1 year abroad presumption of abandoning residence refers to a single continuous trip.

But as implied above, CBP will look at the entire history and evidence of any ties maintained to make a decision. If they determine that residence was abandoned, you can be referred to an immigration judge to make a formal decision.

Right now it seems like you are skirting the line between being a resident of the US or abroad - staying roughly equally as much time abroad as in the US. If that pattern were to continue, I would expect a warning at one of your return visits.

 

Have you considered getting a reentry permit?


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

 

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22 hours ago, geowrian said:

The 1 year abroad presumption of abandoning residence refers to a single continuous trip.

But as implied above, CBP will look at the entire history and evidence of any ties maintained to make a decision. If they determine that residence was abandoned, you can be referred to an immigration judge to make a formal decision.

Right now it seems like you are skirting the line between being a resident of the US or abroad - staying roughly equally as much time abroad as in the US. If that pattern were to continue, I would expect a warning at one of your return visits.

 

Have you considered getting a reentry permit?

that is probably the last time im gonna go overseas this year.

to be honest: im having really big issues right now in America my "sick family member"is actually me..... im sick, depressed, paranoid. I don't eat, I barely can get up of the bed. I use xanax all day to go thru the day. I just need to go overseas get treatment, stay with my family for a bit, and try to get my mental health fixed. Im on a abusive relationship ( for the second time ) and unfortunately I need to leave this country for a bit. I don't even have the desire to live. if they take away my green card, that's ok! but I really need to stay with my family :(

Edited by leorios

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10 hours ago, leorios said:

that is probably the last time im gonna go overseas this year.

to be honest: im having really big issues right now in America my "sick family member"is actually me..... im sick, depressed, paranoid. I don't eat, I barely can get up of the bed. I use xanax all day to go thru the day. I just need to go overseas get treatment, stay with my family for a bit, and try to get my mental health fixed. Im on a abusive relationship ( for the second time ) and unfortunately I need to leave this country for a bit. I don't even have the desire to live. if they take away my green card, that's ok! but I really need to stay with my family :(

I’m sorry to hear of your situation. As hard as it would be , have you considered going back to live with your family rather than trying to fix the relationship. Most abusers don't change .. though their words and promises seem so genuine .. you are worth more than this .. don’t sacrifice yourself any more .. if you can , go home and stay home with those who treasure and cherish you. A green card isn’t worth your life.  

Edited by Lil bear

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3 minutes ago, Lil bear said:

I’m sorry to hear of your situation. As hard as it would be , have you considered going back to live with your family rather than trying to fix the relationship. Most abusers dint change .. thought their words and promises seem so genuine .. you are worth more than this .. don’t sacrifice yourself any more .. if you can , go home and stay home with those who treasure and cherish you. A green card isn’t worth your life.  

I might have used the wrong word...this second relationship he is not really abusive....he is just be doing some mean stuff to me ( like disappearing )for days, mistreating me a a lil bit, don't wanna do nothing with me, but he doesn't mind go out with his friends...dont answer my calls.

I suffer from depression and bipolar disorder. if I stay in this house in this situation for 1 more week I don't know what im gonna do. I just cry all day...I know its not all his fault, the fact that im home all day is not helping. I dont have the desire to live. that's why I need to stay with my family a lil bit.

I wanna come back to the US, I wanna have a career here ( and Im working on it )....but right now I need to leave or god know what is going to happen to me :(

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10 hours ago, leorios said:

I might have used the wrong word...this second relationship he is not really abusive....he is just be doing some mean stuff to me ( like disappearing )for days, mistreating me a a lil bit, don't wanna do nothing with me, but he doesn't mind go out with his friends...dont answer my calls.

I suffer from depression and bipolar disorder. if I stay in this house in this situation for 1 more week I don't know what im gonna do. I just cry all day...I know its not all his fault, the fact that im home all day is not helping. I dont have the desire to live. that's why I need to stay with my family a lil bit.

I wanna come back to the US, I wanna have a career here ( and Im working on it )....but right now I need to leave or god know what is going to happen to me :(

Get yourself safe no matter what it takes. Then you will be in a better place yourself and able to look more rationally at the things about your current relationship. What you have described is abusive  behaviour ... maybe not as “ bad” as you experienced before .. but it is the right way to treat your spouse .. but get yourself safe and healing first ... PM me if I can be of any support. 

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