London2SFrancisco

My final post, since you obviously have all of this well in hand.

Your father-in-law is not complying with the terms of his green card by only entering for a couple of months for the past ten years or so. As an LPR he needs to spend the majority, not the minority, of his time inside the US which is his permanent residence. Instead he is living and working overseas but trying to maintain his green card to basically use as a tourist visa. USCIS has started to figure this out by limiting the validity of his re-entry permit (this is not an "extension"). At some point CBP are probably going to notice what he's up to as well, and honestly I'm surprised they haven't already. Probably his prolonged use of re-entry permits has kept the wolves at bay, but even that is not bulletproof.

It's possible CBP could ask him to voluntarily surrender his green card when he attempts to re-enter. If he declines then they may give him a Notice To Appear in immigration court where they would recommend to the immigration judge that his LPR status be revoked due to abandonment. It's also possible that if he's finally going to actually move to the US next year - as he was meant to when he obtained his green card in the first place - then he'll be able to keep it.

Either way, if he's spending such little time in the US then he obviously does not qualify to file for naturalisation right now due to failing both the physical presence and continuous residence requirements.

At this point you should be more concerned with keeping his green card than obtaining US citizenship.

Thanks to everybody who tried to help, I really appreciate it. There are some grey areas that have been identified by you all which I will check with an immigration lawyer.

@hypnos - not sure why you were unnecessarily personal sometimes with comments like ' he wants to jig the system' and all that without even knowing and understanding the situation and matter in depth especially when these are sensitive matters. However, i agree with few certain valid points you made out of many. Thank you for that.

He has been doing that to keep his green card active while he is outside of US. However, next year he wishes to move to US permanently once he retires next year from his job. Then he will stay the 3 years and apply for his citizenship. That is the plan for now.

London2SFranciso - he's smarter than immigration lawyers.

http://www.khurgel.com/abandonment-of-lawful-permanent-residence-maintaining-ties-and-re-entry-permits/

No i never claimed that, not sure why are you trying to be personal...lol.

My father-in-law probably manages to satisfy all the 12 points mentioned in the article and probably that is why USCIS allowed him the permits for the last 10 years.

I have come across another person through personal network who has been doing that for the last 22 years.

I am not here to prove anything right or wrong. These are case by case basis scenarios.

I got help with my queries all the time here at VJ and this was a small effort to share my case so that others may get some help from it.

(Boiler also requested to add some details).

Best of luck since you have this all figured out.

Why did you even bother asking people with years of experience navigating the immigration maze when you already have all the answers?

Perhaps you did not read my question carefully that i opened the thread for. Nich-Nick helped me with those while others either created confusion or provided unnecessary uneducated inputs.

My father in law is a US green card holder and he stayed outside us for employment purposes. He has done that using form i-131.

Form i-131 can be used to gain permission to re-entry to US while keeping the green card active without staying within the US.

It is worth mentioning that he did enter the US almost once a year every year in the last 10 years but never stayed longer than 2 months at once.

USCIS approves such stay outside US via approving form I-131 and specifies a date by which he needs to return to US to keep the US green card active.

He would complete the form again and get another extension before he leaves US. USCIS has always given permission to leave US for two years, but only this time it was unusual and they extended only for 18 months.

An excerpt from USCIS website is below:

The purpose on the Form I-131 as described below:

• Educational purposes, such as semester abroad programs or academic research;
• Employment purposes, such as overseas assignments, interviews, conferences, training, or meetings with clients; or
• Humanitarian purposes, such as travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative.

I am intrigued, could you be more specific?

Boiler, sure I will put some more info later, so it helps everybody here on VJ.

Actually CBP are the ones who would make a recommendation as to whether his green card be revoked or not. The final decision would be made by an immigration judge in that circumstance.

It does seem like he wants to have his cake and eat it too. A green card is for living in the US. If you aren't living in the US then you aren't entitled to a green card. At some point CBP may notice his pattern of behaviour and may move to have his green card revoked.

Hypnos - your comments are complete jokes. Do you think USCIS is so dumb that they would let him do this over a decade if there was no provision for it? Please comment only if you can help. Otherwise I request you to stay away. Thank you Hypnos.

To make you happy - yes he is enjoying the cake lol.

There is a worksheet to determine if he is eligible. Print it out and check the boxes. http://www.uscis.gov/sites/default/files/USCIS/Resources/Citizenship%20&%20Naturalization%20Based%20Resources/A%20Guide%20to%20Naturalization/PDFs/M-480.pdf

Thank you Nich-Nick.

Do you have answer to the question on stay of 6 months in segments within the year? Really appreciate your help.

There's either something I'm not understanding or extension doesn't mean what you think it means.

Once someone enters on an immigrant visa (DV or any other type) they become a permanent resident and receive their green card in the mail. It sounds like he has his green card and is trying to jig the system by actually living somewhere else but wants to still maintain his LPR status at the same time.

This is allowed by USCIS and hence they allowed him and is still allowing him to maintain his green card for the last 10 years. Looks like you do not know and probably have no idea about it. That is fine. However, please do not comment when you have no understanding of the matter. Help if you can, please do not misguide or create more confusion. Thank you.

Diversity visa is usually for 5 yrs. Since then it needs to be extended every year as he stays outside us more than 6 months every year.

He comes in every year before the extension expires and apply for extension. Once he receives an extension he travels back to his original country. Currently he is in the US. He has received an extension of 8 months this time. He will leave soon and return to the US before the expiration. He travels back due to his job there.

Hi All,

This inquiry is for my father-in-law. My mother-in-law came to the US via Diversity visa program. Now she and her rest of the family are US citizens except my father-in-law. He has been taking permissions and extending green card for the last 10 years.

Question: Now that his wife (my mother-in-law) is a US citizen, will my father-in-law be considered as the husband of the US citizen and can apply for naturalization once he has stayed "3" years in the US instead of 5 years?

If so, will he need to apply for any special permission to get his green card application to the spouse of US citizen track from spouse of green card holder status?

Also, for a year to be counted in the US, i know he needs to stay at least 6 months. Can he stay 2 months, 2 months, 1 month and 1 month in 5 separate occasions within the year and get the year counted?

Thanks,

Appreciate all your help.

P.S. I hope this is the right section to put this, moderators please redirect the post if it belongs somewhere else.

1st job as an Accounting Assistant. It was a temp position. Now Jobless.

Im also looking for internships. I have already got my certificates accredited. Thanks mate.

Look for internships and the like. I wonder if it might be worth getting your qualification accredited to US standards to see where you stand?

I wish you, as a fellow Brit, the best of British in your search going forward

and how will it help?

Please stand in downtown San Francisco and tell me the name of the Big Accounting Firm with it's name on the Building.

Then plot yer course on the train.

When finished, report back. Thanks !

Thanks to Almighty, i sure did receive reprieve. The link you gave is not working....can you please repost the link? thanks.

You earned a well-deserved reprieve from USCIS!

Here is a calculator that may be of use to you:

http://www.uscis.gov...Calculator.html

Good luck!

Dear LeftCoastLady

Thanks a lot. I was applying through indeed, craigslist and recently started on monster. Never knew idealis, grist or account temps. Thanks for the info. Much appreciated. Wish me luck. Thanks.

Some questions: Where are you looking for job announcements? Have you checked the non-profit sector for accounting-related opportunities (idealist.org, grist.org, craiglist.org)? Have you contacted Accountemps (accountemps.com)?

Agree.

Congrats !!

Thanks to everyone......now badly seeking a job.

Hello Everyone,

This website has been a great help to me and brought me from UK to US and now i am in need for the last favor: job hunting. I have been looking for jobs in Accounting but no luck yet. I have a MSc in Accounting and Finance from UK but not much experience. I was working in retail since college to support myself. Once finished my masters stuck to my company due to my manager's promise that he would promote me and make me Assistant Manager. This is all in UK (i mean my work experience). So I have BA in Accounting, MSc in Accounting and Finance but experience as Supervisor in Retail for 5 years. I want a job in my field in accounting. Every entry level job is asking for 1-3 years experience. My experience in accounting is null. So i am struggling. I am in Berkeley, CA. I was also planning to start studying CPA but without a job i think i wont last very long (i.e. financially). Any suggestions from anyone will be highly appreciated.

Hi Everyone

Yesterday (december 5th) we had our AOS interview. It went alright, nothing unusual and the lady interviewing us gave us a paper saying the case is continued for further review. Interview time was 9.05 am. Checked case status with i 485 receipt number around 17:00 (on the same day 5th december) the status showed: pic 2.

And today the status has changed to pic 1 today 6th december.

Anyone who has knows can you please explain....whats actually happening?

Thanks in advance.

Hey didopage, thanks a ton for your reply. Read the article already and its all true. Im still preparing for an interview. however, dont have anything apart from pictures and joint bank account. shez a student so cant include me in her health plan, i dont drive yet so no car hence no insurance, separate house, so no name on the utility bills or anything. Just a joint bank account, is it a problem? could you please suggest anything else we may open jointly. thanks again.

First, you may or may not have an interview (half relieved, uh?). K-1 AOS applicants already had an interview for their K-1 visa, so sometimes, some cases are not transferred to the USCIS local office for an interview and are approved. You sent your AOS paperwork after August 1st, so your case will either stay at NBC and be adjudicated without interview, or be transferred to your local USCIS office and you'll have an interview with your wife.

Second and in the case you are scheduled for an interview, do not worry too fast. Usually questions are really not complicated and are naturally easy to answer if your relationship is "honest" and real. Very personal questions like "the color of the couch living room" are not commonly asked, only when the IO suspects that there is fraud and that the relationship is for immigration purpose. Just be honest and tell the truth. If you live at a different place than your wife and they ask for it, say it. There's nothing to hide, you're not a criminal. USCIS understand that newly-weds may not live at the same place for work/study purposes. There are other ways to show that you have a legit relationship. Do you guys have a joint bank account? Joint insurance (health, car?)? Joint bills? Joint anything? Proofs that you guys meet regularly? Any recent pictures? If not, you might want to take some... the one from your wedding and after are especially important.

Since you live apart from each others, I suggest that you prepare for an eventual interview by gathering as much proof as you can.

Read AOS interview reviews from the local office you may be interviewed, it will help (don't only focus on bad experience reviews, there are also a lot of good ones!), here: http://www.visajourney.com/reviews/

Also, your wife is your primary sponsor even if she doesn't earn enough, your mother-in-law is your joint-sponsor. I hope your AOS paperwork included a I-864 form and supporting documents from your wife as well. If not, expect a RFE and prepare the documents so you can respond to it quickly.

Did you move to your actual place "permanently"? If yes, you may consider keeping the USCIS informed of your new address.

Hope that helps!

Hey didopage thanks a lot for your reply. Yes I was interviewed at london for my US K1 visa. You mentioned two things: 1. We may not be interviewed and 2. Send your AOS after August 1st. Is there any document basing on what you mentioned this? Please clarify / provide reference. We had a small wedding but certainly will take all the pictures. and yes we did fill up i 864 for my wife and her mom as well. Please reply and wish us luck! Your reply surely relieved a lot of tension off me. Thank You!

Congratulations!!! Im waiting for mine... All the very best to you for your future..

Congratulations

Congrats!!!

Hi guys!! We filed my AOS monday Oct.15.. we used express to sent it and I tracked it yesterday, status was delivered before noon.. guaranteed!! I wonder if uscis will inform me via text or email that they received my application. I attached g-1145A as well..

Hope to hear from you soon vj family..

Many thanks..

yes they will it takes about a 4-5 working days. I send it off on the 14/15th got my verification on the 20th and in the next 2 week after verification email.text you should be receiving a letter for your Biometrics. best of luck!

Hi All

I came to USA on 1st of September. Today i had my biometrics taken after sending my off my AOS paperwork and is expecting my AOS interview very soon. When i filed my AOS, i was living with my usc wife's family (at her mom's place). On our marriage certificate, my address is her mom's house address. Her mom is my sponsor, my usc wife is a student and do not earn. This October i moved out from her mom's place (this happened after filing the aos paper), and is living at different location. My wife is a student and her uni being far from my place and her mom's, she shares a room with her friends from uni.

So there are three different addresses:

1. my mother in law's address ( address filed on AOS)

2. my address ( not mentioned anywhere, and the lease of this house is on my wife's name but um paying for it)

3. my wife's address (place near her university where she lives due to her studies)

My wife doesn't make it home every weekend since she is on her final semester and under pressure. she is also preparing to go to medical school. so we do not live together. but she visits me and her mom if not every weekend, every alternate weekends.

When doing research about AOS interview, i encountered they ask for proof of joint living. The problem is joint living is not happening due to her studies. And as per my paperwork on AOS um not residing on the address any more.

I see the USCIS officer ask questions like what was color of the couch in the living room? Thing is i dont want to lie about living at her mom's place when i go for AOS interview. I am very scared and frustrated.

If my wife is not living with me due to her studies is that a problem?

She visits me on weekends depending on her study pressure. Please advise. Reading various AOS interview questions and experience I am freaking out! Please advise what to do. Thanks in advance.