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NANDA

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    e-mail after one year?!

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    I received this email today a year after i recieved my greencard and I have no idea what they are asking: "DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: MSCXXXXXXXXX

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Your Case Status: Post Decision Activity

    On August 27, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.."

    Has anyone else received something like this? Is this an automatic email sent a year after approval or are they really requesting something?

    long time out

    in Working & Traveling During US Immigration

    Posted

    That pretty much says it all...although theoretically you can lose your green card if you live/spend too much time outside the USA, for this to actually happen in practice is rare, especially if your trips outside the US aren't longer than 6 months each.

    It's correct that the most the immigration officer can do is refer your case to an immigration court and you would be summoned for a hearing. If you get an immigration officer who is a total jerk, they may try to get you to sign an abondonment of residence, which is something you should never agree to do. EVERY returning green card holder is entitled to a hearing with a judge and the officer cannot simply "take your green card away".

    Please refer to the thread "Anyone refused entry under one year on green card". This topic of possible abandonment of residency is discussed in detail there with posters giving real life examples of what has happened to them when entering.

    http://www.visajourney.com/forums/topic/254598-anyone-refused-entry-under-one-year-on-greencard/

    As others have mentioned, the best thing you can do is carry proof that you have not abandoned your US residency- proof of tax filing, a US driver's license, bank statements, etc.

    Just one question- when the immigration officer told your wife she shouldn't be spending so much time outside the US without her husband, why didn't your wife honestly explain to the officer that you were with her abroad and just returning by separate flights due to availability?

    Could you please tell us what all the questions the officer asked actually were and what she replied (this will be good info to have since there are many other members in the same situation as you). It seems odd that the officer would have had a problem with her husband not being with her, because from the point of view of maintaining residency, having a spouse remain behind in the US is normally good evidence of ties to the US and having a residence there you don't intend to abandon.

    This is what the CBP officer said to her:

    “You stayed a long time outside of the country.” Then looked at the greencard and asked, “can you read here, do you know what means, permanent resident?” and then said, “you need to be living here to be a resident. This is not a visa. I am just telling you this because I see a lot of people losing their greencard.” Then he asked “what do you do for a living?” She responded, “I was just working as a waitress and my boss said when I returned from my trip I will have my job back.” he asked, “After 6 months? “ “Yes, I am a good employee.” Then he looked at her passport and said, “it says here that you came on a k-3 visa, so you got this green card because you married, so where is your husband?” He arrived a day before me because we couldn’t find flights on the same day, but he was with me in Brazil the whole time.” He said “anyways, he is a citizen and he can do whatever he wants but you need a few more years to be a citizen to and this time out does not count. You need to agree with me. That looks very suspicious that you are not with your husband. Be aware of this and pay attention next time.”

    long time out

    in Working & Traveling During US Immigration

    Posted

    Thank you for your reply. Some additional information: My wife received her 10 year green card because we waited 2 years before applying for it, therefore she bypassed the advance parole process. Also she has not been outside of the country for a year. She was out for 6 months, returned and then left again for 6 months. That is why a re-entry permit was not requested. Now we are concerned with this upcomming return. From what we are hearing, they won't say anything because her return (accompanied by me) is within 6 months again. Please let me know if you have any additional advice or know of anyone we can ask to assist us with this question. Just trying to find out the guidelines and what is commonly being practiced at immigration (especially at MIA airport).

    Thank you,

    long time out

    in Working & Traveling During US Immigration

    Posted

    brought my wife to the USA 2 years ago on a k-3 visa. We adjusted her status and she is currently a permanent resident. We lived in Miami for 2 years and decided we wanted to move out to Miami, so we set up home base living with my parents in Pennsylvania. Since then, the past year we have been traveling in Brazil, visiting her friends and family because I have taken a job working through the internet and this enables me to be out of the country for long periods of time to travel and explore the world. We left the US on November 10 and stayed in Brazil until May 5th. Upon my wife’s return (since we had different flights due to availability) the immigration agent mentioned to her that she shouldn’t be traveling outside of the country for such a long without her husband and not to let it happen again and she was admitted. We stayed in the US for 10 days and returned to Brazil May 15.

    This coming November 17th, we are returning to the USA and I am concerned with the procedure when we arrive at the port of entry. Since we traveled for 6 months before our first return and then traveled for another 6 months before our second return, will there be an issue when we go through immigration at the US port of entry? I have talked to a friend who’s uncle lives in Venezuela and he just returns to the US every 6 months for a few days for the past 5 years and he has never had a problem. So, should I be concerned that my wife will be denied entry or have her green card revoked? After doing some research online, I believe the worse that can happen is that she can be put into proceedings for an immigration hearing, however she will be still allowed to enter the country. I just want to be able to prevent such a situation from occurring because it is going to be the holiday season and my family is awaiting our return.

    AOS Filers: April 2009

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    Congrats everybody for the approval. :dance:

    We were approval yesterday too. :innocent:

    She made one question: how did we met?

    And then she looked some papers and said: your card will arrive in 2 to 4 weeks.

    The interview was less than one minute.

    no stamp in passaport and i still have my i-94.

    I want to say thanks for every single one person in this forum.

    This happy journey was easy because of you guys! :star:

    I already saw at the gov website:

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On August 20, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    AOS Filers - May 2009!

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    Congrats everybody for the approval. :dance:

    We were approval yesterday too. :innocent:

    She made one question: how did we met?

    And then she looked some papers and said: your card will arrive in 2 to 4 weeks.

    The interview was less than one minute.

    no stamp in passaport and i still have my i-94.

    I want to say thanks for every single one person in this forum.

    This happy journey was easy because of you guys! :star:

    I already saw at the gov website:

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On August 20, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

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