Rodgiegirl

We got our approval for AOS on the 8th of December. We still have not recieved anything. How long does is usually take??

You should have heard something by now. I would make an infopass appointment at your local office and check to see if USCIS have actually issued your Greencard, they have been known to go missing in the mail.

Thanks, I was afraid that I would have to go there. I drive there, pay for parking, go through security, and I'm done in like 3 minutes. I know I shouldn't complain that they're so fast, but it feels like a waste to drive there for just a simple answer. I'll try calling the 800 #, and see if they can help.

never used it.

Did you file last year too? And they didn't send it back??

bump>>>>>>>>>>>>>>>>

i assume he ahs a social security card..and we filed like everyone does..there is n o differnece

ya, he does. The reason why I asked is I tried to do H &R online, and it wouldn't let us because he's not a usc and that we needed to file a special form, but then I completed my taxes with another company fine, so I started to wonder if I still need to file a seperate form or if the irs will take it. Thanks for the help. Anyone else??

BUMP>>>>>>>

We got our approval for AOS on the 8th of December. We still have not recieved anything. How long does is usually take??

Has anyone filed taxes with their non citizen spouse?? My Hubby is came in on a K-1 and he's working leagally, and awaiting his two year card. Do we need to file a special way???? Thanks for any help you can give!

Hello Rodgie,

Just want to know if your'e a Pinay. I am a legal resident here (Green Card Holder) and i went home sa philippines and stayed there for 5 months (May- October 2008) and i did not need any travel document or re entry permit or advance parole or whatever you may call it to get back to US. All i have to bring with me is my green card that serves as my re entry and tnever encountered any problems getting back to USA.

As long as you don't stay in the Philippines for more than a year then you should be fine..

Did you read the thread?

(1) her husband is from Zambia (clue...the flag) (2) she said they wanted to leave for more than a year.

Can you give me the thread, I don't see what you're seeing............Thanks!

Zee Bee is referring to this thread.

gigracer, while trying to be helpful, asked (1) if you or your husband is from the Philippines and stated that (2) they were able to travel out of country for 5 months with no problem.

However, in your (Rodgiegirl's) initial post, you mentioned being out of the country for much longer, which is where the problem exists. (In other words, travel for 6 months or less won't be a problem, but over 1 year will cause problems with maintaining permanent residency.) Your account also lists your significant other from Zambia, which means it's reasonable to conclude that you and your husband aren't from the Philippines.

OHHH! LOL I see! WOw, I have a lot on my mind!!LOL

No worries. I can totally understand. I can't help with any of the other questions, but the other folks on here are knowledgable. Since I did have insight as to what Zee Bee was referring to, I thought I could chip in a little.

Best of luck!

Thanks!

I'm not trying to play Russian Roulette, I just don't know what the policy is????? My husband and I are planning on staying outside the US, so I don't know what the best route is????? I'm just tyring to get info because I don't know how to go about doing this. Because at the time we applied for AOS we didn't know that we'd be returning to Zambia. So don't judge me or my plans, I just need to know the best route. So maybe you can let me know what is best for our situation, thanks.

The best route is that if you are not going to live in the USA, then do not bother with the greencard, because residency must be maintained and if you are not living here it is difficult to do.

Okay thanks for your help. So it looks like our best option is to voluntarily abandon permanent residency status, intead of lifting condtions. Then when we want to travel back for a visit we would just need a visitor visa. I think this is the best.............any more idea's?

From my read, your spouse has only applied for but not yet been granted LPR status. It would seem the best course of action is to abandon the AOS process and never receive LPR status to begin with. When you are ready to reside in the USA, embark on the appropriate visa process then. Probably, you'll want to do a DCF (Direct Consular Filing) resulting in an IR1 visa. Your spouse would then enter the USA entitled to a ten year green card. At that point all the same requirements for maintaining LPR status will continue to apply. Application for citizenship can be made three years after LPR status is granted, provided "residence" has been continuous. Once a Citizen, residence outside the US will have no such consequence.

Thanks so much for the info, we have a baby due in January. So we do plan on staying for a while before going back to Zambia. So you can tell me what you think, but I'm thinking that if we continue with the AOS (considering we've haven't been married two years yet, we'll only get a two year conditional card) and then when it comes time for us to go back or lift conditions (which ever comes sooner) then that's when we should abandon. Am I understanding this right??? Because if we abandon now, then he will have to leave the country now right??? And he won't be able to work right?? If that's the case then we need to wait to abandon until we're ready to leave.

Sorry for my ignorance, I'm just trying to make sense of this all. Can you let me know if I'm understanding this correctly?? Thanks!

Yes, under those circumstances, I'd go ahead and adjust status then deal with whatever comes next based on the conditions at the time.

OKAY, thanks so much! We really want to do the right, we're not trying to scam or anything. It's so hard to understand all this immigration stuff. So do you know if we file I407 while abroad?? It makes sense to do that, but not really sure. Thanks again

Hello Rodgie,

Just want to know if your'e a Pinay. I am a legal resident here (Green Card Holder) and i went home sa philippines and stayed there for 5 months (May- October 2008) and i did not need any travel document or re entry permit or advance parole or whatever you may call it to get back to US. All i have to bring with me is my green card that serves as my re entry and tnever encountered any problems getting back to USA.

As long as you don't stay in the Philippines for more than a year then you should be fine..

Did you read the thread?

(1) her husband is from Zambia (clue...the flag) (2) she said they wanted to leave for more than a year.

Can you give me the thread, I don't see what you're seeing............Thanks!

Zee Bee is referring to this thread.

gigracer, while trying to be helpful, asked (1) if you or your husband is from the Philippines and stated that (2) they were able to travel out of country for 5 months with no problem.

However, in your (Rodgiegirl's) initial post, you mentioned being out of the country for much longer, which is where the problem exists. (In other words, travel for 6 months or less won't be a problem, but over 1 year will cause problems with maintaining permanent residency.) Your account also lists your significant other from Zambia, which means it's reasonable to conclude that you and your husband aren't from the Philippines.

OHHH! LOL I see! WOw, I have a lot on my mind!!LOL

I'm not trying to play Russian Roulette, I just don't know what the policy is????? My husband and I are planning on staying outside the US, so I don't know what the best route is????? I'm just tyring to get info because I don't know how to go about doing this. Because at the time we applied for AOS we didn't know that we'd be returning to Zambia. So don't judge me or my plans, I just need to know the best route. So maybe you can let me know what is best for our situation, thanks.

The best route is that if you are not going to live in the USA, then do not bother with the greencard, because residency must be maintained and if you are not living here it is difficult to do.

Okay thanks for your help. So it looks like our best option is to voluntarily abandon permanent residency status, intead of lifting condtions. Then when we want to travel back for a visit we would just need a visitor visa. I think this is the best.............any more idea's?

From my read, your spouse has only applied for but not yet been granted LPR status. It would seem the best course of action is to abandon the AOS process and never receive LPR status to begin with. When you are ready to reside in the USA, embark on the appropriate visa process then. Probably, you'll want to do a DCF (Direct Consular Filing) resulting in an IR1 visa. Your spouse would then enter the USA entitled to a ten year green card. At that point all the same requirements for maintaining LPR status will continue to apply. Application for citizenship can be made three years after LPR status is granted, provided "residence" has been continuous. Once a Citizen, residence outside the US will have no such consequence.

Thanks so much for the info, we have a baby due in January. So we do plan on staying for a while before going back to Zambia. So you can tell me what you think, but I'm thinking that if we continue with the AOS (considering we've haven't been married two years yet, we'll only get a two year conditional card) and then when it comes time for us to go back or lift conditions (which ever comes sooner) then that's when we should abandon. Am I understanding this right??? Because if we abandon now, then he will have to leave the country now right??? And he won't be able to work right?? If that's the case then we need to wait to abandon until we're ready to leave.

Sorry for my ignorance, I'm just trying to make sense of this all. Can you let me know if I'm understanding this correctly?? Thanks!

I'm not trying to play Russian Roulette, I just don't know what the policy is????? My husband and I are planning on staying outside the US, so I don't know what the best route is????? I'm just tyring to get info because I don't know how to go about doing this. Because at the time we applied for AOS we didn't know that we'd be returning to Zambia. So don't judge me or my plans, I just need to know the best route. So maybe you can let me know what is best for our situation, thanks.

The best route is that if you are not going to live in the USA, then do not bother with the greencard, because residency must be maintained and if you are not living here it is difficult to do.

Okay thanks for your help. So it looks like our best option is to voluntarily abandon permanent residency status, intead of lifting condtions. Then when we want to travel back for a visit we would just need a visitor visa. I think this is the best.............any more idea's?

hey, I was wondering if anyone knows any links or has info on what the policy is about living outside the US after recieving the green card. We're planning on returning home and staying for a while. Thanks for all the help!!

Hello Rodgie,

Just want to know if your'e a Pinay. I am a legal resident here (Green Card Holder) and i went home sa philippines and stayed there for 5 months (May- October 2008) and i did not need any travel document or re entry permit or advance parole or whatever you may call it to get back to US. All i have to bring with me is my green card that serves as my re entry and tnever encountered any problems getting back to USA.

As long as you don't stay in the Philippines for more than a year then you should be fine..

Did you read the thread?

(1) her husband is from Zambia (clue...the flag) (2) she said they wanted to leave for more than a year.

Can you give me the thread, I don't see what you're seeing............Thanks!

Please Google, "maintaining permanent resident status" and you'll see the answers to your questions directly from the source. In short though, your plan to leave the US and come back to remove conditions is not a viable one. Those who enter on K1 visas do have some limitations. It's best to understand them as early in the process as possible, so no time like the present, since sooner is no longer possible.

Thank you, I will

Thanks, so do you know the steps to take then when we want to come back for a visit?? On which visa would he have to come in on?

Coming back for a visit would be a B2 visa. Not sure what the chances are of him getting one.

Hey ZEE! How are you?? thanks for the info. I'll look into it

In that case, don't even bother with getting him Permanent Residency because he will lose it. The status itself says it all, it's permanent. If you know for sure you will not live here in the US, then it's pointless.

Diana

we already filed for it back in June, because we didn't know at the time that we'd be going back. Now we have an interview for AOS..........not sure what to do???? We plan to stay for another few months after getting the PRC but then we plan on going.............wow, I'm so confused.

This is correct. You have to apply for your re-entry permit and they can still deny it. Your best bet would be to apply for it and see how it goes, depending on their decision you can make your own.

Diana

Thanks, maybe you can tell me what the best route to take is considering that my husband and I are planning on living abroad.

I'm not trying to play Russian Roulette, I just don't know what the policy is????? My husband and I are planning on staying outside the US, so I don't know what the best route is????? I'm just tyring to get info because I don't know how to go about doing this. Because at the time we applied for AOS we didn't know that we'd be returning to Zambia. So don't judge me or my plans, I just need to know the best route. So maybe you can let me know what is best for our situation, thanks.

The best route is that if you are not going to live in the USA, then do not bother with the greencard, because residency must be maintained and if you are not living here it is difficult to do.

Thanks, so do you know the steps to take then when we want to come back for a visit?? On which visa would he have to come in on?

A re-entry permitt??? YES

does that mean we have to file the I-131?? YES

My husband came in on the I-129F. Does not matter how he arrived

OKay another question........we already have AP that is good until 9/29/2009, If we get the green card can we still use this? Or does the green card make this invalid??

greencard invalidates ALL prior interim benefits... (ie.. EAD & AP)

Thanks so much for your help. Wow, now I feel stuck..........so if we get a re-entry, we have to come back before two years and then re-apply for another re-entry, If we want to go back again? Is that how it goes? Thanks

I suppose, but it appears based on your plans you are playing a bit of ... They are not dumb... If you are even able to get the second greencard, they most likely will see the pattern when you apply for a second permit, and then it will come back to "bite" you, as the length of all out of country time is recorded ... In addition, if I am not mistaken, a re-entry permit is NOT a guaranty to re-entry...

Do this at your own risk

I'mnot trying to play Russian Roulette, I just don't know what the policy is????? My husband and I are planning on staying outside the US, so I don't know what the best route is????? I'm just tyring to get info because I don't know how to go about doing this. Because at the time we applied for AOS we didn't know that we'd be returning to Zambia. So don't judge me or my plans, I just need to know the best route. So maybe you can let me know what is best for our situation, thanks.

A re-entry permitt??? YES

does that mean we have to file the I-131?? YES

My husband came in on the I-129F. Does not matter how he arrived

OKay another question........we already have AP that is good until 9/29/2009, If we get the green card can we still use this? Or does the green card make this invalid??

greencard invalidates ALL prior interim benefits... (ie.. EAD & AP)

Thanks so much for your help. Wow, now I feel stuck..........so if we get a re-entry, we have to come back before two years and then re-apply for another re-entry, If we want to go back again? Is that how it goes? Thanks

A re-entry permitt??? YES

does that mean we have to file the I-131?? YES

My husband came in on the I-129F. Does not matter how he arrived

OKay another question........we already have AP that is good until 9/29/2009, If we get the green card can we still use this? Or does the green card make this invalid??

How do you apply for a re-entry permitt, when you have permant residency?? I'm confused.

see #6 above and read form instructions but you need a greencard first

okay thanks for the info! What #6 are you talking about?

hey, I was wondering if anyone knows any links or has info on what the policy is about living outside the US after recieving the green card. We're planning on returning home and staying for a while. Thanks for all the help!!

Since you were approved for Permanent Residency, the US does not expect you to set up permanent residency in another country, you need to stay living in the US. You can however, stay outside the US for no more than 12 months, even though the POE officers may give you a hard time of you stay away for more than 6 months. If you plan to stay in another country for more than 12 months but less than 24, you can file for a re-entry permit and if approved, you can come back in two years.

The best thing would be for you to become a US citizen, that way you can live where ever you want for as long as you want.

Diana

My husband can't apply for citzenship without denying his own citzenship.........UGGGHHH, why do I feel so stuck in the immigration system!!

hey, I was wondering if anyone knows any links or has info on what the policy is about living outside the US after recieving the green card. We're planning on returning home and staying for a while. Thanks for all the help!!

what is for a while? less than 6 mos? less than 1 year? more than 1 year?

More than a year, we we're thinking of staying until we have to apply to lift conditions.............do you know if that's a problem?

possibly, because they may deem you having abandoned your residency because you are not living here... in the end, to possibly make it work you will need a re-entry permit to get back in.. (one of the functions of the I-131)....

A re-entry permitt??? does that mean we have to file the I-131?? My husband came in on the I-129F. Okay I'm way confused???

hey, I was wondering if anyone knows any links or has info on what the policy is about living outside the US after recieving the green card. We're planning on returning home and staying for a while. Thanks for all the help!!

Since you were approved for Permanent Residency, the US does not expect you to set up permanent residency in another country, you need to stay living in the US. You can however, stay outside the US for no more than 12 months, even though the POE officers may give you a hard time of you stay away for more than 6 months. If you plan to stay in another country for more than 12 months but less than 24, you can file for a re-entry permit and if approved, you can come back in two years.

The best thing would be for you to become a US citizen, that way you can live where ever you want for as long as you want.

Diana

How do you apply for a re-entry permitt, when you have permant residency?? I'm confused.

hey, I was wondering if anyone knows any links or has info on what the policy is about living outside the US after recieving the green card. We're planning on returning home and staying for a while. Thanks for all the help!!

what is for a while? less than 6 mos? less than 1 year? more than 1 year?

More than a year, we we're thinking of staying until we have to apply to lift conditions.............do you know if that's a problem?

i will send my AOS paper by june first . i would like to know who else will send thier papers ???

have great day all

Hey, we sent ours June 12th, and we already have an interview!! I haven't been following because I thought it would take much longer! Are others getting their interviews yet? sorry for not following the progress.