Dave&Roza
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Posts posted by Dave&Roza
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Read page 22 -
http://www.uscis.gov/sites/default/files/files/article/chapter4.pdf
What if I was outside the United States for 1 year or longer? In almost all cases, if you leave the United States for 1 year or more, you have disrupted your continuous residence. This is true even if you have a Re-entry Permit. If you leave the country for 1 year or longer, you may be eligible to re-enter as a Permanent Resident if you have a Re-entry Permit. But none of the time you were in the United States before you left the country counts toward your time in continuous residence. If you return within 2 years, some of your time out of the country does count. In fact, the last 364 days of your time out of the country (1 year minus 1 day) counts toward meeting your continuous residence requirement.
So, if he had re-entry permit and returned within 2 years of obtaining it, he would have opportunity to count 364 days toward the continuous residency requirement but I guess you cannot obtain it while abroad.
He can count the 20 years in the US as 364 days unless he is able to show the USCIS that as a student he did not break his continuous residency when he was outside the US for more than 6 months--re-entry permit or no re-entry permit. OP was outside the US for a period between 6 months and 1 year, so he did not need a re-entry permit. He broke his continuous residency per the reference you supplied. If he cannot show that he now has 4 years plus 1 day after he returned to the US to wait before he is eligible to file for USC. This does assume he does not spend more than 6 months outside the US at one time again.
OP: Can the do this without filing the N-400 and paying the application fee--I doubt it. So it is up to you as to whether you want to spend the money to see if you can prove you did not break your continuous residency or wait until you are eligible after spending another 4 years in the US with no long trips.
Dave
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Hello Everyone
My AOS interview was approved this year and I received my temporary green card just few days ago. I arrived to the US with a visa K1 in July last year (2015), got married and immediately applied for adjustment of status and work authorization, I did not send a petition for advance parole since I did not need to travel outside the US for a while.
My question is what´s next?
The green card will expire in two years, it is a conditional permanent residence because I´ve been married only for 6 months. Yes.
Do I need to apply for advance parole in order to travel outside the US (form I-131)? No.
When do I have to apply for Lifting of Conditions (form I-751)? Yes you apply 90 days before the GC expires.
Since my green card only last for 2 years will I need to update it or I just apply for citizenship before or after it expires?
Thank you very much in advance.
First, there is nothing temporary about your GC. You are a LPR with all the rights and responsibilities that that entails. You must collect information about your lives together from the date of the marriage up to and including the date you submit the I-751 form to remove your conditions (ROC). You can file the ROC 90 days before the expiration date of your GC. One word of caution to the difference between the 2 year GC and the 10 year GC--your LPR status expires with the 2 year GC whereas only the card expires for a 10 year GC, your status does not--so file the ROC early in the window to prevent any problems.
You have to wait 3 years to apply for US citizenship if still married to the US citizen you received the GC with. Otherwise you have to wait for 5 years. You might want to go to the USCIS website and have a look about maintaining your LPR status and travelling outside the US and how that can have disastrous effects on your ability to file for citizenship.
Dave
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Everybody is so quick with the apply for ITIN when in fact the OP should not apply for an ITIN as he is eligible for a SSN--granted he has to wait for his EAD or GC to get the SSN, but he is eligible for one which makes him ineligible for a ITIN (yes, I know the IRS will give him an ITIN if he applies, but if you read the rules for being issued an ITIN someone who is eligible for a SSN should not apply for an ITIN). You have two choices: 1) file as a non-resident alien, or 2) declare your self as a lawful permanent resident for TAX purposes and declare your foreign income and file as married filing jointly with your spouse. This requires you to mail in a paper return, but it may be the better choice depending on YOUR tax situation. Should you find April 15th approaching and still no EAD or GC to get your SSN, file for an extension--just be sure you are either getting a refund or pay the taxes owed. The extension gives you until October 15th and one would hope you have your SSN before then.
Dave
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2. Unless you filed re-entry permit, it is unfortunate but I think law dictates that the proceeding period falls if you disrupt your continuous residency
A re-entry permit does nothing for continuous residency. All it does is preserve a person's LPR status. Here is the statute. The OP may want to look at the part about being a student and if he is financially dependent on someone living in the US while at school.
§ Sec. 316.5 Residence in the United States.
(a) General. Unless otherwise specified, for purposes of this chapter, including Sec. 316.2 (a)(3), (a)(5), and (a)(6), an alien's residence is the same as that alien's domicile, or principal actual dwelling place, without regard to the alien's intent, and the duration of an alien's residence in a particular location is measured from the moment the alien first establishes residence in that location.
(1) Military personnel. For applicants who are serving in the Armed Forces of the United States but who do not qualify for naturalization under part 328 of this chapter, the applicant's residence shall be:
(i) The State or Service District where the applicant is physically present for at least three months, immediately preceding the filing of an application for naturalization, or immediately preceding the examination on the application if the application was filed early pursuant to Section 334(a) of the Act and the three month period falls within the required period of residence under Section 316(a) or 319(a) of the Act;
(iii) The applicant's home of record as declared to the Armed Forces at the time of enlistment and as currently reflected in the applicant's military personnel file.
(2) Students. An applicant who is attending an educational institution in a State or Service District other than the applicant's home residence may apply for naturalization:
(ii) In the State of the applicant's home residence if the applicant can establish that he or she is financially dependent upon his or her parents at the time that the application is filed and during the naturalization process.
(3) Commuter aliens. An applicant who is a commuter alien, as described in § 211.5 of this chapter, must establish a principal dwelling place in the United States with the intention of permanently residing there, and must thereafter acquire the requisite period of residence before eligibility for naturalization may be established. Accordingly, a commuter resident alien may not apply for naturalization until he or she has actually taken up permanent residence in the United States and until such residence has continued for the required statutory period. Such an applicant bears the burden of providing evidence to that effect.
(4) Residence in multiple states. If an applicant claims residence in more than one State, the residence for purposes of this part shall be determined by reference to the location from which the annual federal income tax returns have been and are being filed.
(i) An applicant's residence during any absence of less than one year shall continue to be the State or Service district where the applicant last resided at the time of the applicant's departure abroad.
(ii) Return to the United States. If, upon returning to the United States, an applicant returns to the State or Service district where the applicant last resided, the applicant will have complied with the continuous residence requirement specified in § 316.2(a)(5) when at least three months have elapsed, including any part of the applicant's absence, from the date on which the applicant first established that residence. If the applicant establishes residence in a State or Service district other than the one in which he or she last resided, the applicant must complete three months at that new residence to be eligible for naturalization.
(6) Spouse of military personnel. Pursuant to section 319(e) of the Act, any period of time the spouse of a United States citizen resides abroad will be treated as residence in any State or district of the United states for purposes of naturalization under section 316(a) or 319(a) of the Act if, during the period of time abroad, the applicant establishes that he or she was: (Paragraph (b)(6) added effective 11/28/11, 76 FR 53764)
(i) The spouse of a member of the Armed Forces;
(ii) Authorized to accompany and reside abroad with that member of the Armed Forces pursuant to the member's official orders; and
(iii) Accompanying and residing abroad with that member of the Armed Forces in martial union in accordance with 8 CFR 319.1(b).
(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under § 316.2(a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence: (Amended 9/24/93; 58 FR 49913)
(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with § 316.5(d), absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under § 316.2(a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the da te of the applicant's return to the United States to resume permanent residence. (Amended 9/24/93; 58 FR 49913)
(2) Claim of nonresident alien status for income tax purposes after lawful admission as a permanent resident. An applicant who is a lawfully admitted permanent resident of the United States, but who voluntarily claims nonresident alien status to qualify for special exemptions from income tax liability, or fails to file either federal or state income tax returns because he or she considers himself or herself to be a nonresident alien, raises a rebuttable presumption that the applicant has relinquished the privileges of permanent resident status in the United States. (Revised 2/3/95; 60 FR 6647)
(3) Removal and return. Any departure from the United States while under an order of removal (including previously issued orders of exclusion or deportation) terminates the applicant's status as a lawful permanent resident and, therefore, disrupts the continuity of residence for purposes of this part. (Revised effective 4/1/97; 62 FR 10312)
(4) Readmission after a deferred inspection or exclusion proceeding. An applicant who has been readmitted as a lawful permanent resident after a deferred inspection or by the immigration judge during exclusion proceedings shall satisfy the residence and physical presence requirements under Sec. 316.2(a)(3), (a)(4), (a)(5), and (a)(6) in the same manner as any other applicant for naturalization.
(i) An application for the residence benefits under section 316(b) of the Act to cover an absence from the United States for a continuous period of one year or more shall be submitted to the Service on Form N-470 with the required fee, in accordance with the form's instructions. The application may be filed either before or after the applicant's employment commences, but must be filed before the applicant has been absent from the United States for a continuous period of one year.
(ii) An approval of Form N-470 under Section 316(b) of the Act shall cover the spouse and dependent unmarried sons and daughters of the applicant who are residing abroad as members of the applicant's household during the period covered by the application. The notice of approval, Form N-472, shall identify the family members so covered.
(iii) An applicant whose Form N-470 application under Section 316(b) of the Act has been approved, but who voluntarily claims nonresident alien status to qualify for special exemptions from income tax liability, raises a rebuttable presumption that the applicant has relinquished a claim of having retained lawful permanent resident status while abroad. The applicant's family members who were covered under Section 316(b) of the Act and who were listed on the applicant's Form N-472 will also be subject to the rebuttable presumption that they have relinquished their claims to lawful permanent resident status.
(2) Preservation of residence under Section 317 of the Act. An application for the residence and physical presence benefits of Section 317 of the Act to cover any absences from the United States, whether before or after December 24, 1952, shall be submitted to the Service on Form N-470 with the required fee, in accordance with the form's instructions. The application may be filed either before or after the applicant's absence from the United States or the performance of the functions or services described in Section 317 of the Act.
(3) Approval, denial, and appeal. The applicant under paragraphs (d)(1) or (d)(2) of this section shall be notified of the Service's disposition of the application on Form N-472. If the application is denied, the Service shall specify the reasons for the denial, and shall inform the applicant of the right to appeal in accordance with the provisions of part 103 of this chapter.
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My wife's visa was valid for 6 months from the date of the interview not 6 months from the medical. The PI is one place where the visa's expiration is tied to the medical due to the health issues within that country. Being from a first world country, the visa MAY be valid for 6 months from the date it was issued.
As for being able to come using the VWP and not activating the immigration visa is anybody's guess. It really depend on who you get when you enter. For example, my wife entered on her K-1. She received her C and has travelled outside the US a few times. On her last trip with the 10-year GC the CBP puts a line thru her K-1 and writes CWOP on it. Why? She had already used the visa and showed him a GC to re-enter the US. What I am trying to show is some CBP do not look thru your passport and some go page by page. You SHOULD be able to enter using the VWP as long as your ESTA is still valid. Chances of them denying you entry are slim as you will abide by the VWP rules so you do not jeopardize your IR-1 visa, but the CBP could be a jerk and give you a very short stay. I have found the CBP to be gruff, short, not very friendly, but over-all they are professional and abide by the immigration law's of the US.
Dave
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dear members
if my b1b2 visa (5 years) valid till September 2016 can i renew it or embassy will reject
As long as you have used the visa as it was intended--I. e. visiting the US and leaving before your I-94 expired, and not spending more time in the US than out of the US--then your chances of getting a new tourist visa are quite good. You will not know until apply.
Dave
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Hi Everyone,
Me and my wife, (she entered here last year and we got married in September with the Fiance/K-1 Visa ) needs to go back to Japan to visit family for an emergency as a member is in the hospital.
I will be traveling with her as well for about 3 weeks and will then need to return to work. She would like to stay at least 4-5 months. Her Advanced Parole Card expires 12/29/2016. Do you think we will run into any problems Green Card wise for the I-485 that's still pending or Immigration in general? She would like to obviously stay as long as she can given the situation!
Thank you!
The only issue you will have is if she is scheduled for an interview for the AOS while overseas. You will then have to decided if she should come back to the US or reschedule the interview. She needs to observe the rules for a LPR and the amount of time they can spend outside the US, especially since she came over and then left so soon after getting married. She may want to show proof of the family member being in the hospital. I would not stay longer than 180 days to avoid any undue scrutiny upon re-entry. She can remain outside the US for up to one year without a re-entry permit, but I would highly advise against being outside the US for longer than 180 days.
Dave
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When we photocopie the birth certificate..... it copies with Void printed all over it ........
Is this acceptable ? Or do we need to send original ???
You are running into the security feature of the BC. They do not want you to pay for only one official copy and then copy it several times. They want money. Order several more copies to have on hand. Do not send in the copy of the official copy
Dave
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I have the same question but my wife and I are planning to travel in Asia for 3 months this coming April to visit her family. Will it hurt us? Her GC expired 12/27/15. My wife received I-797 notice of action prior to her biometrics which stated: Your conditional resident status is extended for a period of one year. During the one year extension you are authorized employment and travel. It's been 3 months USCIS received Form CRI since Oct. 2, 2015. My biggest concern are the interview. What if the USCIS assign for interview date while we're in vacation?
Have someone you trust check you mail while you are gone. If you have an interview scheduled you will either need to return to the US for the interview or follow the instructions to reschedule the interview. Just take the original I-797 along with the expired GC so she can re-enter the US.
enjoy your trip,
Dave
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About 3 weeks ago, I was scheduled to depart from the US because I only had a few days left in my tourist visa before it expires. I lived in San Francisco then I received news from my relative in Florida, there was an emergency and they needed my assistance, my aunt slipped in the bathroom and hurt her back so bad she couldn't walk or move. So I ended up caring for her because her kid was too young and she doesn't know what to do, my visa and i94 has expired 2 and a half weeks ago. I wish to travel back to san francisco to continue packing my stuff and go home to our country. Will I have any problem or will i be detained at the airport? What if i explain my case just so i could get the rest of my stuff and go home.
I read that TSA doesn't check immigration status but will I be stopped at FLL or SFO when I fly back?
First, the TSA is not a LEO and cannot arrest you, they must call over the local police. Second, TSA has nothing to do with immigration. Their function is to check you government issued ID against your boarding pass. Then they are to prevent you from taking anything hazardous onto the airplane. They tend to fail at this when tested, but you still must take your shoes off and remove your belt. All GW did was take the private security that the airports used and made it a federal agency, TSA, under the newly created DHS. Now that the I-94 is electronic, it will be harder for them just randomly look thru your passport to know if you are an over-stay or not. Especially since you have not over-stayed for too long.
Now if you were to drive I-10 in NM, AZ, or CA, you would have a better chance of a CBP black SUV pulling you over to check your papers than you will in an airport at FLL or SFO. Just hand them your passport and boarding pass with the passport open to the bio page. I have travelled using my passport a lot and I have never seen the TSA flip thu the passport nor has my wife.
Dave
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I am preparing for N400 interview. I applied under the 5 yr rule, received GC in 1998, divorce in 2002.
Since leaving my home country I have had 3 passports (one after the other after they expired). The problem is that when the first one expired I returned that to their passport office and got a new one there since I was visiting home and it was just easy to go and apply. I believe they wanted the expired passport.
As such I do not have that passport. I do have my current passport and the one that expired before this one.
Will I need all 3 passports for the n400 interview? A little worried since it would be very difficult if not impossible to get that old one which expired and was returned to my home country's office.
.To my mind why would they care about any of your foreign passports? A passport is a form of government issued ID and is used for travelling internationally. So once you become a USC you apply for a US passport and travel using that. The only reason to request your foreign passport is to see the visa you entered the US on. If you do not have that passport, you just tell them the same thing you did here and why that passport is unavailable. You cannot give them something you do not have. Especially since it was approximately 18 years ago.
Dave
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Hi,
I have an advanced parole card that expires 15th may 2016, I am taking a trip out of the country from April 6th-april 13th, someone just told me I need my advanced parole card to have at least 6 months before it exists to be able to get back into the country with it , is this true ? I'm kinda freaking out
They are confusing the fact that most COUNTRIES require at least 6 months validity on your passport before they will admit you to their country with an AP or GC or visa for that matter. As long as your AP card is still unexpired you can travel up to the day it expires. This is used for re-entering the US and is treated just like a visa. Relax. Who knows your GC may arrive before your trip and that will make things even easier.
Dave
- ChasUno and Unidentified
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2
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Hi guys, quick question that I couldn't find a satisfactory answer to in uscis.gov's documentation:
I've been a Permanent Resident since 1993, and during that time I was never abroad for more than than 6 months. Until 2013, that is, during which time I attended school abroad for just under 1 year. I've been back in the states since 2014 and now I'm wanting to apply for naturalization.
The law states that I must have maintained "5 years as a Permanent Resident without leaving the United States for trips of 6 months or more."
I don't know whether this refers to the 5 years immediately preceding my application for naturalization, or if my earlier 20-year streak will satisfy this requirement. If it's the former, I'm afraid that I no longer satisfy the Continuous Residence and Physical Presence Requirements to become naturalized.
Can anyone clarify for me how this affects my eligibility?
Thank you!
It all revolves around "continuous residence" and how the USCIS defines that. Typically any absence from the US greater than 6 months disrupts your continuous residency. In you case, you will have to prove that while away from the US to attend college that you maintained your residence within the US. If you fail to do that to the USCIS' satisfaction, you will be on the 364 days rule which states that all the previous time spent in the US counts 364 days towards your residency requirement. This means that you get credit for 1 day less than a year towards the 5 years as a LPR requirement before you can file for naturalization.
Based on your time line, you will be eligible for naturalization in 2018 or 4 years plus 1 day after returning to the US in 2014. The only way to shorten that is to prove that you maintained your residence in the US while attending school--this is not going to be easy.
Dave
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.......u will recieve your visa after processing within 1 month through courier.
It appears he was clear that after processing--i.e. administrative processing or more security checks--you will receive your approved visa. Now if something should happen to come up during the additional processing that will change, but to his mind you just have to wait for them to complete the additional checks and you will receive your visa. On the good side, he kept your passport. They need that in order to put the visa in it. All signs appear to show that you will be approved, but you have to go thru AP.
Dave
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Hopefully long before the 1 year expiration of the stamp in his passport, he will receive the GC and check to be sure it is an IR1 category and valid for 10 years. The CBP person assumes it is an CR1 unless you can show them a Marriage Certificate and they accept the Marriage Certificate as valid. CBP does not issue the GC, the USCIS does and I sure hope the can read the date on your Marriage Certificate and the date of entry and do the math correctly to see you were married for mare than 2 years and thus qualify for the 10 year GC.
He will not need another stamp as long as he receives the GC.
Dave
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Thanks!!! I have another concern though. I did not know that I must file AOS 2 weeks after my I-94 is valid (at the latest). My I-94 was only valid Dec 19, 2015, and I will only be applying AOS this January. Am I in trouble? :-(
You misread that poster's comment. In order to get a SSN based on a K-1 visa, the I-94 must have at least 2 weeks validity before the SSA will issue you a SSN. You can file the AOS at anytime. The only requirement you have as a K-1 visa holder is to get married before the I-94 expires. One you do that you have fulfilled the requirements of the K-1 visa. The sooner you file the I-485 (and the I-131 and I-765 for travel (Advance parole--AP) and working (employment authorization document--EAD) while waiting for the green card (GC) the sooner you can begin your life in the US.
Dave
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.....ask yourselves this question: in the past five years, how many of you have shelled out thousands of dollars for airfare, for food and entertainment, for some random distant relative or 'friend' so he or she could visit you for 2 weeks? I doubt even one person out there in VJ land has ever done this....now, maybe for a fiancé.....but a 'family friend' or 'cousin?'....no way, at least, not on planet earth.
I derived immense enjoyment figuring out who was trying to fool and who wasn't...it was like a game, but I had the advantage....and some of the stories told to me were beyond belief....
I must be strange or maybe stupid
, but I paid the airfare and all expenses for a women to visit me from Kazakhstan, twice. The first time was a gamble, but the second time was for a girlfriend. I had met her in person a couple of years before, so I knew her and had an idea of what I was getting into. So I guess she would not really be considered random, but it was a calculated risk that I am happy to say has paid off quite well as we have been married for the past 5 years.Dave
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Good evening. I have currently gotten a conditional/temporary green card and planning to go abroad (Russia) ASAP to visit my family. Are there any other documents except my Russian passport and a temp green card I need to reenter the US border on my way back? I read before that I need a travel permit or smth like that. Is that true???
Thank you i advance and appreciate your assistance on this matter.
First, you are a LPR with al the rights and responsibilities that entails. Second, there is nothing temporary about your GC. The only difference between the 2 year GC and a 10 year GC is that you have been married to a USC for less than 2 year and must file the I-751 to remove the conditions on your GC within the 90 days before you GC expires as your LPR status does expire when the GC expires whereas the LPR status of a non-conditional :LPR does not expire.
You can travel using your Russian passport and use the GC to re-enter the US. You are bound by the rules the USCIS has set out for maintaining your LPR status just like anybody with a GC. Trips of less than 6 months are typical and standard fair when returning. Trip of more than 6 months but less than 1 year can get more scrutiny upon re-entry as can several short trips that add up to more time outside the US than inside the US. Also, trips greater than 6 months reset your continuous residency for citizenship. Any trip greater than 1 year but less than 2 years requires a re-entry permit to be applied for before you leave the US. Also remember that as a LPR you are now required to file a tax return on world wide income as one of the requirements for maintaining your LPR status.
So enjoy your trip.
Dave
- JayJayH, PRC Rabbit, Cheezees and 1 other
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hello How do You make an infopass appointment to get the I-551 stamp in the passport. My gc extension is about to expire in the end of the month. what options should I choose on the infopass website? and whatever I chose the response is that there is no openings for an infopass for that type of case. what to do?
If you want to become a citizen, you can now file the N-400 and that will force them to work on the ROC. You can also use the NOA from the N-400 as proof of your status, but you still should get the stamp at some point. You are well within the 90 day window of having been married to a USC for 3 years and a LPR for 3 years if your extension letter expires at the end of January.
Dave
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I could delay this, worst case scenario. Stay in the US for two more months, apply, go to biometrics, then depart.
It is my wedding I was talking about, sorry for not making it clear.
Then we want to try have a baby, and since we have health problems, doctor advised to try in vitro fertilization. It is free overseas since she has got good insurance. In the US it costs a fortune, we can not afford it, and anyway she doesn't have a green card yet to spend that much time in the US. The whole procedure takes time, a lot of tests are needed before the procedure. It might even not be successful the first time, so we might have to try multiple times.
So I might have to stay overseas for a while the next couple of years.
Should I apply for the reentry permit?
I am afraid not to lose my plane ticket, delay the whole thing, pay lot of money for ticket and rep, and then be denied rep, or, if accepted, denied admission upon my arrival to the US, even with a REP?
Thank you for your replies, please continue posting, I really don't know what to do.
I will try to see an immigration attorney tomorrow
Here is my take on your situation--please remember that it is the CBP person you get upon re-entering the US that matters, not what those here on VJ say.
You have spent a lot of time outside the US already. By your own admission you have a couple of trips greater than 6 months and had no problems, but now you were out less than 6 months and the CBP has warned you to get a REP before your next travel. So how long have you had your GC? So how much time have you spent in the US since you received your GC? How much time have you spent outside the US? I bet the amount out is greater than the amount in. The CBP must think you are not living in the US and are actually vesting the US just to keep the GC. Trips of less than 6 months do not get looked at too much. Trips between 6 months and a year can cause extra scrutiny as can several shorter trips and especially when the amount of time outside the US is greater than the amount inside the US in any 365 day period. Trips greater than 1 year and up to 2 years REQUIRES a re-entry permit. A REP does not guarantee you re-entry to the US, but it helps to show that you went to the trouble to try to maintain your LPR status.
So you have a few options here. 1) remain in the US for more than 6 months and then travel. That trip should be less than 6 months in length--the shorter the better; 2) go ahead and leave the US when you have planned without REP and see what happens upon re-entering the US. I would take along evidence that you are maintain ties and actually living in the US; 3) wait and apply for a REP, do the biometrics and have the REP sent to the Embassy in the country you will be visiting.
I suggest you go over to the USCIS website and look up maintaining you LPR status to see what the rules are. The burden of proof of whether you have abandoned your LPR status is on the USCIS when you appear before a IJ, but you do need to show that you have followed all the rules about filing taxes, and maintaining a residence in the US and that you do intend to return to the US after a TEMPORARY stay outside the US. One thing to be careful of is if you use services like health care over seas, it must be something that any non-resident of that country can qualify for. If you are getting resident benefits for that country, that is like 4 nails in your coffin as proof you have abandoned your LPR status.
So the questions for you are, 1) do you want to be a LPR of the US?; 2) are you willing to do what it takes to remain a LPR of the US?; 3) are you willing to risk your LPR status for your current plans? 4) are you willing to start your journey all over knowing that it is time consuming and expensive?: 5) can you start your journey over--what happens if you loose your GC? Do you have the means and ties to the US to re-apply? It sounds like you have a GC but your future wife does not. SO how would you apply for another GC? You loose your GC, you may not be living in the US anytime in the near future--something to really consider. You might want to be sure you keep your LPR status and then begin the rest of your plans.
To be honest with you. It sounds like you have not lived in the US and you are not planning to do so in the near future. The more of your story I hear, the more I think your chances of keeping your GC should you leave the US again is getting less and less. You need to stay in the US for more than 6 months before your next trip. I would not even risk getting a REP right now. Postpone the wedding until you have spent 7 months in the US, take your trip to get married and return to the US after about 3 weeks outside the US. That to my mind would be the safer choice for keeping your GC.
Life is full of choices and you have to weigh what is important to you and your future wife and future family. Your immigration situation right now is full of unknowns. It comes down to how much risk you are willing to accept and go from there. You have our opinions and some people's experiences, but it boils down to your situation and the fact that you have been warned and your file has been flagged.
As I said before, choose wisely,
Dave
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Nobody can say "if he leaves without a Re-Entry Permit, he can't get back in". He is a permanent resident. Permanent residents are supposed to be able to leave and enter the US.
A Re-Entry Permit's purpose is to allow entry after an absence of more than 1 year, because the green card itself is already valid for entries after an absence of less than 1 year.
By the time of his biometrics, it would have been less than 1 year after he left, so his green card itself is valid for entry.
Of course, it's always possible for him to lose permanent residence by reason of failure to maintain residence. That is true regardless of whether he has a Re-entry Permit or not.
You are correct except for the fact that the OP has been warned by CBP that he needs a re-entry permit the next time he leaves the US--especially after not remaining in the US for a significant period of time. His file has been marked as possible abuse of his LPR status as he has spent more time outside the US than inside. The probability that he will end up in front of an IJ should he leave the US for this wedding and try to re-enter is getting close to 1.0--defiantly greater than 0.5.
IMHO, to leave the US with or without a re-entry permit is putting the OP's GC at great risk. I would only leave the US for a family emergency.
Dave
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The W-4 is about how much your employer withholds from your pay. You can claim single even if married. You can claim less deductions than you are allowed. For example you can claim 0 instead of 1 or 2. You can claim more than you are allowed, however; should you owe a large sum of taxes, you will be subject to an under withholding penalty. So it is best to get the withholding number correct. What you put on the W-4 is determined if you want a large refund each year or if you want to either owe a small amount or get a small refund, but have more money in each paycheck.
Claiming single causes your employer to with hold more than if you claim married. Typically a married couple claims married and 2 deductions. I claimed single and 1 for a couple of years after getting married so that I had more with held from each pay check, but I had specific reasons for doing this.
You can also file your tax return as married filed jointly and claim your spouse as a resident for tax purposes--you will not be able to use a tax preparation software, but will have to file a paper return with the declaration statement signed by you and your spouse. I suggest you go to the IRS website and begin preparing for all the options you have available for completing your tax return.
Dave
Last Names Differ on the Passport and GC.
in General Immigration-Related Discussion
Posted
^^^^------Just to add to this. You will use your GC to return to the US and will have to prove to the airlines that you are the same person. It is recommended to carry Certified copy of you Marriage Certificate to show that your maiden name in your passport and the married name on your GC are in fact the same person. Most issue when traveling internationally with different names is with the airlines. It is also recommended to use a well know airline. The few hundred dollars you save may cost you more in time and aggravation.
Dave