GC holder outside for 14 months | Spouse of a US government Civilian Employee who are stationed abroad

[spousecivemployee 0]

Hi! My husband is a civilian employee of US Gov't. stationed abroad. I am not on his official orders. We are currently living outside United States and we are going back in two weeks.

 

However, I am a LPR and I'm oustide for more than 1 year. Do I need a re entry permit?

 

I tried the embassy but it will take 3 months. 

 

Is anyone in the same situation?

 

I am freaking out.

[Boiler 43,451]

Do you have a reentry permit?

 

Presumably your GC is current.

 

What will take 3 months.

[spousecivemployee 0]

Applying for a re entry permit in the US embassy requires 3 months.

 

I do not have a re-entry permit. 

 

I wanted to know if I need it even if my husband is stationed abroad under official orders. However, I am not listed on that order.

 

I read that spouse of US gov't employees stationed abroad doesn't neef SB1 (re entry permit) but I am not sure.

[Boiler 43,451]

https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf

 

You file an I 131 to get a Reentry permit and that is something you do before you travel.

[spousecivemployee 0]

Unfortunately,  I didn't file for an I 131 because I was outside the United States. Got my green card card while outside US due to my husband is stationed abroad.

 

I wanted to know if anyone was in the same situation as I am that was able to enter the US.

 

Or if anyone knows if I am under the exclusion for SB1. 

[NorthByNorthwest 216]

6 hours ago, spousecivemployee said:

Hi! My husband is a civilian employee of US Gov't. stationed abroad. I am not on his official orders. We are currently living outside United States and we are going back in two weeks.

 

However, I am a LPR and I'm oustide for more than 1 year. Do I need a re entry permit?

 

The State Department page on returning resident visas has this paragraph that may be applicable to you, I have no personal experience though:  

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

 

Spouse or Child of a Member of the U.S. Armed Forces or Civilian Employee of the U.S. Government Stationed Abroad - If you are the spouse or child of a member of the U.S. Armed Forces or of a civilian employee of the U.S. government stationed abroad on official orders, you may use your Permanent Resident Card, Form I-551, to enter the United States even if it has expired. Therefore, you would not need a Returning Resident (SB-1) immigrant visa, as long as you:

• Have not abandoned your LPR status; and
• Your spouse or parent is returning to the United States.

[milimelo 4,209]

To be considered as in the US you have to be on the sponsoring employee's official orders. As you're not, the time away without approved re-entry permit can be problematic. If your spouse is going to remain outside the US you'll definitely want to go back to the US and apply for the re-entry permit properly (or even stay in the US the necessary time so you don't lose your green card). 

[Boiler 43,451]

I may be having a blonde moment but how do you get a GC outside the US?

[b_pirate 2]

Your best bet is to just return with your husband together on the same flight.

best-case scenario, you get welcome back with no questions asked

Probable scenario: You'll be asked how long have you been outside the US, explain the situation, get a warning from the officer and be told if you ever want to stay outside this long, get a Re-entry permit Before leaving the US. But still, get admitted.

 

An unlikely scenario, Sent to secondary inspection and questioned about ties to the US. If you've filed your taxes, have a driving license and bank accounts here, bring all these to show proof you're still tied to the US and the trip abroad was temporary

 

Worst case scenario, they'll ask you to surrender the green card, which you can refuse and they'll send you to see an Immigration Judge (highly unlikely)

 

Edited February 26 by b_pirate

[spousecivemployee 0]

17 hours ago, NorthByNorthwest said:

 

The State Department page on returning resident visas has this paragraph that may be applicable to you, I have no personal experience though:  

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

 

Spouse or Child of a Member of the U.S. Armed Forces or Civilian Employee of the U.S. Government Stationed Abroad - If you are the spouse or child of a member of the U.S. Armed Forces or of a civilian employee of the U.S. government stationed abroad on official orders, you may use your Permanent Resident Card, Form I-551, to enter the United States even if it has expired. Therefore, you would not need a Returning Resident (SB-1) immigrant visa, as long as you:

• Have not abandoned your LPR status; and
• Your spouse or parent is returning to the United States.

That's what I read too. However, I'm a little doubtful because it talks about expired GC. My GC is not expired. Thank you.

[spousecivemployee 0]

3 hours ago, Boiler said:

I may be having a blonde moment but how do you get a GC outside the US?

My husband is a US employee stationed abroad. It's like the military but he's not. There's exclusions for US Gov't employee.

[spousecivemployee 0]

1 hour ago, b_pirate said:

Your best bet is to just return with your husband together on the same flight.

best-case scenario, you get welcome back with no questions asked

Probable scenario: You'll be asked how long have you been outside the US, explain the situation, get a warning from the officer and be told if you ever want to stay outside this long, get a Re-entry permit Before leaving the US. But still, get admitted.

 

An unlikely scenario, Sent to secondary inspection and questioned about ties to the US. If you've filed your taxes, have a driving license and bank accounts here, bring all these to show proof you're still tied to the US and the trip abroad was temporary

 

Worst case scenario, they'll ask you to surrender the green card, which you can refuse and they'll send you to see an Immigration Judge (highly unlikely)

 

Thank you. I hope that it will be easy or even a warning. I am really worried.

[b_pirate 2]

6 hours ago, spousecivemployee said:

Thank you. I hope that it will be easy or even a warning. I am really worried.

it should be fine returning, don't forget to update the thread once you're back

[Margo2017777 77]

Hey! I will be in similar situation as my husband (civilian working for government)  leaves on orders this summer BUT I should be on order as well. At the moment i am not sure if i need to apply for re entry permit since if i am on the orders so time limit should not apply to me.. i called UCSIS but they were useless. I have my 10 years GC . 
 

as far as i understand the no time limit tules is only if you are on his orders.. but since your GC is not expired i think you should be fine entering U.S (thats what i read from people stories )