Rob&Pame

Just now, Crazy Cat said:

Shhhhhh!!!!!   Don't give them any ideas....😃

😂 Haha They've thought of it already, without a doubt. We're not getting a vaccine so weighing options. We have 2 years and 3 months left on my wife's green card.

How about for green card renewal?

Thank you!

Hi! Does anyone know if applicants for citizenship will be required to have the Covid 19 vaccine?

I just read the form. Part 5, Question 2 asks:

Since you became a permanent resident of the US, have you ever filed a Federal income tax return as a nonresident or failed to file a Federal income tax return because you considered yourself to be a nonresident? (If yes, give details on a separate sheet of paper).

Last year we did live in Costa Rica and when I did our taxes we were exempt from health care because we were non-residents.

The instructions for the form I-131 state: "If you file a nonresident alien tax return or do not file a tax return, you may be regarded as having abandoned residence in the United States and as having lost your permanent resident status under the INA. As a consequence, you may be ineligible for a visa or other document for which permanent resident aliens are eligible.

You may also be inadmissible to the United States if you seek admission as a returning resident, and you may become ineligible for adjustment of status as a permanent resident, or naturalization on the basis of your original entry."

I'm starting to think we should not apply for a re-entry permit at all and it sounds like now she might not even be eligible to become a citizen at all?

If we apply for a re-entry permit, will they review our tax return from 2014?

What if she absolutely can't stay here at this time?

What is OP? Can you direct me to the thread?

OK. We made it back into the US. The official reminded her that she needs to live in the US to maintain her residence and that she should be careful or she will get flagged and need to go before a judge.

Do they track in the system how long she is out of the country?

We have now decided that we want to move back to the US. My wife was planning to go back to Costa Rica for a few months to wrap up some things. We are afraid she won't be able to get back into the US if she does that. How can we prevent that at this point?

Her card expires 12/17/23.

Hi everyone,

My wife came to the US on 6/18/11. We were married on 6/25/11. She received her green card in November 2011.

In April 2014, we decided to move to her home country of Costa Rica. At that time we thought it would be permanent and did not think we would return to the US. It was not important to us to maintain the residency at this time.

We left in April 2014, came back to the US for 3 weeks in September 2014, then just re-entered the US on June 30, 2015. When we entered on 6/30, the official reminded my wife that she needed to live here in order to maintain residency and that she should be careful or the system would flag her and she'd have to go before an immigration judge.

Technically she has abandoned her residency because we left the US with the intent to live in Costa Rica. Our intent is to stay here in the US to live now. I start work on August 3 but my wife was planning to go back to Costa Rica next week to wrap up some things there and then return to the US. We are afraid now that if she leaves then she will not be able to come back.

What steps can we take to be sure she will be able to re-enter the US? Do we need to abandon the green card and start the process over? Can she come back on a tourist visa and then re-apply for residency?

Thanks,

Rob

I suggest, that if you will be living in Costa Rica that she go to a US embassy there and turn in her green card. She fills out a form and she should get a copy of that so she can use it as evidence that she no longer has immigrant intent to he USA when applying for a visitor visa.

Can she give up the green card during her appointment for the visa? Or should we do that before she has her appointment/interview?

Thanks for the input everybody. Global Entry would be great but it requires an interview and biometrics appointment. We're not living in the US anymore so that wouldn't work. We weren't able to set up a re-entry permit before we left the US.

I guess the smartest thing to do is just give up the green card and get the visa. We can always reapply for residency in the future if we want to move back to the US.

I wouldn't care about giving it up if it hadn't cost so much time and money to get it!

What's the worse case scenario? We get to Miami and they find out we are no longer living in the US? She's allowed to continue to our final destination of Boston and then could have to go in front of a judge? Then she could be deported?

Thanks for your input!

We are planning on staying in Costa Rica. We no longer have a residence in the US.

If she is forced to give it up on this trip that would mean no entry into the US, right? She'd be stopped at immigration and have to go back to CR?

Hi,

My wife is Costa Rican and got her green card in 2011. We lived in the Boston area until April 2014 when we moved to Costa Rica. In September, we went back to the US for a visit and she entered with her green card without any problems or questions.

We are flying back to the US on Jun 30. At that point she will have been out of the US for 9 months. I'm wondering if she will be okay to go back with her green card or if we should expect trouble. Would we need to give up her green card and get her a tourist visa instead?

Anyone have any insight on this?

Thanks!!

Rob

Thanks for all the input people!

Thanks for the advice. We are not planning on returning any time soon though. We've already sold our house. It seems the best route is to file a I-407 and turn in the green card after we are out of the country.

We are moving because of the pregnancy and are leaving before he is born. The ticket is bought. I already gave notice at my job. It would have been ideal to wait until November to apply for citizenship but our circumstances don't allow for it.

Given that info, I'm wondering if there's anything we need to be doing NOW to prevent issues in the future if we want to come back to the US on vacation or even to live. If we just leave, does that hurt her chances of getting a tourist visa or establishing residence again in the future?

My son will be a citizen wherever he is born.

Thanks!

Hi everyone,

My wife is from Costa Rica. She entered the US on a K1 visa almost 3 years ago. Conditions on her green card were removed last October. We have now decided to move back together as a family (we have one son and another on the way) to Costa Rica to be near my in-laws. I understand that this means she will lose her permanent resident status. I'm wondering if there's anything we need to be doing NOW to prevent issues in the future if we want to come back to the US on vacation or even to live. If we just leave, does that hurt her chances of getting a tourist visa or establishing residence again in the future?

Thanks,

Rob

California Service Center (8 applicants)

Looks like my NOA1 date dropped off...

California Service Center (8 applicants)

California Service Center (9 applicants)

We filed in November and had visa in hand June 7...about 7 months. It's a ridiculously long process and it seems like you will never get to the end of it while you are waiting! But you'll get through it and it will all be worth it!

Finally got my I-751 mailed. What a hassle! So thankful to have VisaJourney!

California Service Center (5 applicants)