C&I

Update:
 
I flew to the US, landed in Altanta and 0 question asked.... 

Update:
 
I flew to the US, landed in Altanta and 0 question asked.... 

We landed in Atlanta. I was with my US husband and our US child (did that help? do not know). 
Last time I was in the US was 2 years ago. 

We landed in Atlanta. I was with my US husband and our US child (did that help? do not know). 
Last time I was in the US was 2 years ago. 

Update:
 
I flew to the US, landed in Altanta and 0 question asked.... 

I'm no immigration expert but I just returned to the US with my Green Card after being away for a long time and having my reentry permit denied. I thought that I would have a hard time at CBP upon my arrival but the officer just scanned my passport, look at my GC and did not say anything. And from what I know, I am not the first person to experience that. As everybody else is saying, just go back to the US. They cannot deny you entry, you are a permanent resident. Worst case they give you a notice to appear in court but how, when, where, who knows?

Update:
 
I flew to the US, landed in Altanta and 0 question asked.... 

Update:
 
I flew to the US, landed in Altanta and 0 question asked.... 

Update:
 
I flew to the US, landed in Altanta and 0 question asked.... 

Update:
 
I flew to the US, landed in Altanta and 0 question asked.... 

Update:
 
I flew to the US, landed in Altanta and 0 question asked.... 

If you return just to file a new I-131, here's what can happen:
 
1. You are let in with or without hassel but no NTA. Then you proceed as planned.
 
2. You are given an NTA.  This presents 2 sub-options:
 
2.a. You intend to fight.  You will need to hire a lawyer and work on your case.  You would remain in the US while your family is overseas as you prepare and go to court.  Likelihood of successfully fighting it is very good unless you hire a grossly incompetent lawyer.
 
2.b. You don't fight and sign a I-407.  You return to your family overseas and your husband files a I-130 for you.  Takes about 1.5 to 2 years for you to get the new IR1 visa.
 
SB-1:  You would need to show that you intended to return to the US but unforeseen events caused you to remain overseas.  I am not sure how this can be argued when you purposely intended to live overseas for 1+ years.

Personally I would not bother with the expense of an SB-1.  From the limited stories here on VJ, they seem to have a high bar to get approved, but that is up to you (search SB-1 in the VJ search engine).  If you are not sure how long you will remain out, I would take route of coming back for a few weeks, and apply for a new re-entry permit.  This may take a few weeks as you need to wait for biometrics (there is no guarantee they will re-use older biometrics).
 
Good Luck!
 
 

Hello all,
 
I spoke with the lawyer. She pretty much told me the same things that were discussed here.
 
She presented my options:
 
1. Given that I did't file for the reentry permit correctly, my appeal would be a waste of time and money;
2. I can reapply for a reentry permit when I want;
3. I can try to just move back to the US, explain what happend if asked (most likely) by CBP, take all of the proofs of ties to the US with me;
4. She mentioned the SB1 visa (resident returning) and she said that it was actually not that difficult to get. I just have to prove that I stayed here because I had to, in my case, I waited for 17 months for USCIS to send me their decision about my reentry permit. I could not control that. The intent of going back is clear given that I applied. 
 
She said that her clients often have the SB1 granted. She advised me to call the embassy to get more information and start the process. 
 
Now my problem is that I have a job interview with a US company (in the US) this week (online interview of course). I mentioned this to the lawyer and asked what do I do if I succeed and I have a positive answer in a few weeks. She said at least I would have started with the SB1 process and that would be another proof of intent to go back. I don't know how that would work. She said I can ask the embassy for an expedite process. 
 
Obviously, I don't know how the interview will go, but what if I get the job? Do I just go back and risk everything at the airport? 
 
Because we have a child, isn't it wiser to apply for SB1 and wait until I have all of the proper documents to go back with a peace of mind? Then the problem would be, what if I get denied... 😑 Such a headache!!
 
Thanks all again for your inputs! 
 
 

I think @OldUser is saying that a lawyer, even a family friend, may be interested in taking you down rabbit holes you do not need to go.  By all means though see what this lawyer says, but just be wary.  
 
As a side note, saw a thread this morning of a immigrant coming to the US soon where their lawyer told them they would need to present the sealed envelope at their first entry.  This person though had their information transmitted electronically and it does not appear the lawyer knew that was happening now.
 
Regardless, let us know what you hear from your consult.
 
Good Luck!

SB-1, appeal I-131 … you  are grasping at straws. They waste money and precious time.
 
My years of vicarious experience here point to just one course of action: come home today. If do not come home today, and ask me tomorrow, next week, next month, next year, next decade, next century, my answer is still the same: come home today.
 

yes
SB-1? Yes both a waste of time and dangerous. Some applicants have had their green cars taken from them and SB-1 denied. Total lack of due process.  
 
 
You are married to an American citizen. What would a CBP officer or immigration judge think will happen if your LPR status revoked?
 
Answer: they know your lawyer will file an I-485 package so that you get a new gc.
 
Giving you an NTA is a waste of time. I am not saying it is impossible. But it is illogical. 
 
I became interested in this topic after I started reading here in 2017, and out of dozens of stories of successful returns, since then (some of which were because I and others urged the LPR to just get on a pkabe) I know of just one where an NTA was issued:
 
If you get an NTA, you have an option to avoid embarrassment: leave, and file for a consular IR-1 visa and have your lawyer dismiss the NTA.

Depends on the POE. Some are reputed to have a policy of no I-407s. The problem is the travelers who report this, refuse to name the POE. 
 
The fact OP mailed I-131 before leaving the U.S. gives weight to a finding that OP did not intend to abandon status. OP should bring evidence I-131 was mailed from  inside the U.S. before OP left the U.S. 

stamp would be required if you want to travel outside of the US after your GC expires. current wait time is around 18 month

I came to the US in August 2015 and we got married in October 2015. I never left since then. We applied for AOS and after 4 months 1/2 I received my Green Card. Stressing procedure as I didn't know what could possibly happen but as long as you enter legally, your relationship is true, you supply all the documents required, you don't have any red flags, you have finances to do it, and you do what is asked, you should be fine.
I'm now a permanent resident, I can see my husband every day I work full time, and I help my community whenever I have free time. I would have never thought of this a year ago
Good luck!

I came to the US in August 2015 and we got married in October 2015. I never left since then. We applied for AOS and after 4 months 1/2 I received my Green Card. Stressing procedure as I didn't know what could possibly happen but as long as you enter legally, your relationship is true, you supply all the documents required, you don't have any red flags, you have finances to do it, and you do what is asked, you should be fine.
I'm now a permanent resident, I can see my husband every day I work full time, and I help my community whenever I have free time. I would have never thought of this a year ago
Good luck!

Update:
Got my GC in the mail yesterday!
Less than 1 week after my interview! That was fast

So many things a person can do during the day:
- learn the language if she doesn't know it already
- learn the new culture
- discover the new city. This is very important to get familiar with neighborhoods, places, stores, banks, restaurants, theaters etc... And when people talk about some places you actually know what they are talking about! It is not scary to get familiar with the new town/city.. unless she never traveled before?
- online courses
- volunteer - so many opportunities in the US for this! American Red Cross, local bank food, local shelters, etc....
Time flies by when people keep busy!

Hello,
My husband (US citizen) and I recently got married, last week! We are working on the documents to file for my adjustment of status and I have some questions.
I-130:
- Certified copy of certified marriage certificate: do we really need to have a certified copy or just a copy of our marriage certificate is fine? I red different answers about this topic so I'm a bit confused. If it has to be certified, how do you process to have it certified?
- Certified official copy of divorce documents: here again, does it have to be certified or do we send a copy of the official divorce decree?
- Proofs of relationship: do we need to send all of the proofs like utilities bills, insurance, etc.? Or these documents are only for the day of the interview?
I-485:
- IRS tax return transcript: which other documents do we have to send with the affidavit of support and the tax return transcript? I red about people sending pay stubs, etc.
Others:
- Since we are married now, is it correct if I use my new name in all documents we send? Or do I need to use my maiden name? My passport has my maiden name, I didn't make it change yet, I guess that will take a while....
- I have two different citizenships. Do I have to mention both of them in the forms and send copies of both passports or do I just mention the passport that has my visa?
Thanks a lot for your help! Hopefully the process will be not so complicated!
Best wishes