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Possible loss of Greencard. Help me decide what to do.

D

donnib

Registered Users (C)
Hi,
Ok so here it goes :

Situation
I am Danish/Romanian citizen and i hold a Greencard (won in Lottery). I work and stay in DK. My wife is Romanian citizen and holds also a Greencard. Our Greencard was issued in 2008. Since my wife needed to finish her university degree we stayed in Denmark, she has a PR in DK. Since we got the Greencard we have been to the US in total 1,5 month in total, once in 2008 and then in 2009. We have not passed the 1 year limit so we have not asked for Re-Entry permit.

What's is going to happen
Now we are going back to catch up with friends and go on Vacation with them. I do not have intention to stay more than 3 weeks, i have a return ticket to DK.

My concern is this:
  1. What happens if US says that they will cancel our Greencard on point of entry ? I have Danish passport so i have no problems travelling to US on Vacation (DK i part of Visa Waiver programe) but my wife is Romanian and she does not have a Visa, only the greencard.
  2. If we get our Greencard taken can we enter to finish our business (close creditcard account and what else we need to cancel) before she needs to request for a Non-Immigrant Visa ? If so how long ?
  3. Won't a request for a Non-Immigrant visa cancel the Greencard right away ?

I need to know whether i should apply for a Non-Immigrant visa for her now before leaving for US and let the embassy know that she does not want to keep her Greencard anymore. Problem is that we have booked a vacation from US and i do not want to loose the money and i want to be on the safe side what regards the entry.

I am also unsure whether i should cancel mine at the same time when i cancel hers. I could try my luck and see if i get it taken away and if not then i might be able to request for my wife again after a while otherwise we have to play the Greencard lottery again i guess ???

I know that by working in DK we already lost the greencard but unfortunately it's hard to find job in US at the moment and since i have the only income then i kept this one. The idea was to move to the US but without job it's difficult so we made a decission to wait a while and see how the economic situation is going to go. For your info my parents are situated here if that helps anything.

I really hope that someone can take time to help me out.

Thanx in advance,
donnib
 
1. What happens if US says that they will cancel our Greencard on point of entry ? I have Danish passport so i have no problems travelling to US on Vacation (DK i part of Visa Waiver programe) but my wife is Romanian and she does not have a Visa, only the greencard.
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You might have problems as well. If you have an immigrant intent (and you clearly do, because you have a GC), they might not admit you on visa waiver

2. If we get our Greencard taken can we enter to finish our business (close creditcard account and what else we need to cancel) before she needs to request for a Non-Immigrant Visa ? If so how long ?
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If you abandon your GC's, it's gonna be fine. You need to fill in I-407 form.

3. Won't a request for a Non-Immigrant visa cancel the Greencard right away ?
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No.
 
raevsky said:
You might have problems as well. If you have an immigrant intent (and you clearly do, because you have a GC), they might not admit you on visa waiver

If you abandon your GC's, it's gonna be fine. You need to fill in I-407 form.

No.
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Thank you for taking time to reply.

I am still unsure what it's going to happen when i get there. If they want to cancel the GC will they permit me entry so i can close and clean out my things or i need to return back right away ?
 
i dont think ur having the kind situation ur imagining, thats like worst case scenario. as long as u return to america within a year of ur departure (as u dont have a REP), ur safe, you could just say that u had personal things to take care of wherever u were. Working abroad is considerd abandoning ur residency when its in the statutory period (of contnuou residence for 5 years prior to filing N400) . i would say ur just worrying too much, be prepared to answer the question, of why u were away for long periods. applying for the waiver-non immigrant visa is a whole different ballgame
 
Yes, I don't think they will necessarily take away your GC. Your roundtrip ticket might be an issue, but you can explain to them that you're only wrapping things up in Europe. Then, apply for a Re-Entry Permit when you come to the US. Do you have any intention of moving here? If you don't, then maybe you SHOULD give up your GC officially and have your wife apply for a B1B2 visa.
 
solid_traveling said:
i dont think ur having the kind situation ur imagining, thats like worst case scenario. as long as u return to america within a year of ur departure (as u dont have a REP), ur safe, you could just say that u had personal things to take care of wherever u were. Working abroad is considerd abandoning ur residency when its in the statutory period (of contnuou residence for 5 years prior to filing N400) . i would say ur just worrying too much, be prepared to answer the question, of why u were away for long periods. applying for the waiver-non immigrant visa is a whole different ballgame
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I do imagine the worse case scenario because i need to know what's the worse that can happen. What is REP ? So i telling them about the work is not a good idea i see.
 
cafeconleche said:
Yes, I don't think they will necessarily take away your GC. Your roundtrip ticket might be an issue, but you can explain to them that you're only wrapping things up in Europe. Then, apply for a Re-Entry Permit when you come to the US. Do you have any intention of moving here? If you don't, then maybe you SHOULD give up your GC officially and have your wife apply for a B1B2 visa.
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I do have a property which i do want to sell u but it's hard to get a seller for this. Is that something that i can tell them about or is that considered something that it's abandoning my residence status ? My intention has always been to move but the problems have been my wife not finished with school, find a buyer for property and be able to find jobs so yes my intention is real but i am trapped in the financial crisis so it's hard to take a decision right now.

What matters for me right now is to be able to enter US next time. After that i think it's a good idea to submit a request for Re-Entry permit so i have some air and can take a decision what to do.
 
When will your wife finish? The RP will let you stay out for another 1-2 years, provided you are allowed into the country without problems. But, unless they question why you were out for so long, do not volunteer any information. If they do ask, you can tell them that you are temporarily abroad so your wife can finish, and that you will move back immediately. The fact that you have property waiting for you is a good thing, and DON'T tell them you want to sell it. Do you also have a US driver licence? See if you can get one. Bank accounts? The more ties you have to the country, the better. Apply for a credit card. Do as much as you can.
 
REP=ReEntry permit, As long as u have plans to move to america in the future its in best interest to maintain the status rather than to start all over, let me explain, if you were doing schooling abroad its a gr8 reason showing why u were away, when u have the college information to prove that (in the interview for naturalization), but when u say ur spouse was aborad and doing college there, and u wanted to be with her, that would at certain situations work in ur disdvantage, as it kind of cements the fact that u did abandon ur residency, the best thing is arrive, and secure ur REP. u could say that u were away trying to sell ur property but dudeto the economic condition, (whcih all the american corps are responsible for) it didnt go as expected and take u longer amount of time...u got a wonderful answer ryt there... gc ... keep ur coool... keep us posted of how it goes .....
 
cafeconleche said:
When will your wife finish? The RP will let you stay out for another 1-2 years, provided you are allowed into the country without problems. But, unless they question why you were out for so long, do not volunteer any information. If they do ask, you can tell them that you are temporarily abroad so your wife can finish, and that you will move back immediately. The fact that you have property waiting for you is a good thing, and DON'T tell them you want to sell it. Do you also have a US driver licence? See if you can get one. Bank accounts? The more ties you have to the country, the better. Apply for a credit card. Do as much as you can.
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She just finished school for a month ago. I don't know if "take care of my parents" works since they stay here in DK and her parents are in Romania and we actually been both places this year. I am in progress in getting a US Driver license actually i have scheduled a road test in the period i am in US so that might help the situation ? I do also have a bank account and also a credit card. More ideas ?

Maybe i did not explain my self clearly but the property i am talking about is in DK and not in the US so would you still recommend not telling them about it ?
 
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Yes the school thing is working against me since as you said it proves that i might not have given up my residency here.
 
Did you ever declare taxes in the USA? The US can state you had no intent and didn't show any interest to stay as a perminent resident and have abandoned that status....it is up to the person interviewing you at the POE...You can be lucky or not....maybe avoid Newark aiport...
 
bmx88 said:
Let me understand this correctly -
you are moving from denmark to the usa ????-dude are you crazy???
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Sorry, but I hate these nonsensical replies asking why people want to move to the US from another developed, Western country (or anywhere else, for that matter). Let people decide that for themselves. It's not always about social security, health care and what more.
 
her studies seem to be a valid reason for being in DK.
Go in and ask for a Reentry Permit and explain how now that she finally finished you can prepare for the "big move" and need some time for that so that way you have 1 or 2 years more to move.
In case that you are already convinced 100% that you do not want to move to the US, you could let the GC go, but that way there's no way back.

E59th agree!
 
E59th said:
Sorry, but I hate these nonsensical replies asking why people want to move to the US from another developed, Western country (or anywhere else, for that matter). Let people decide that for themselves. It's not always about social security, health care and what more.
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yeah its not about hose things or even money .. I wonder what happened with that dude who was making 300 000 dollars per year in Europe but ''his dream was to live in America '' no matter about the money - maybe he is finished with his therapy at local mental institution.

anyhow.... if you come over for the money - WELL DUDE THE MONEY IS GONE and ITS NOT COMMING BACK FOR LOOOOOOOOOOOOOOOOOOONG TIME
anything else here PRETTY MUCH SUX
 
Please give me some good advise, I'm really confused now

Hey guys.

I'd like to know how do you know if the green card is activated successfully. The situation I'm having is complicated. First of all I'd like to keep the story short. My luggage was lost in the Airport, and it's still in London now. I'm in the US now. For some reasons I didn't give the first page, the first page that stick to the envelop because I thought it's in my luggage. Then I gave the officer all the documents except the first page that was stick on the envelop and she said it's fine, then she told me I need to take a photo in Room 1 near Mcdonald at the airport in the Chicago, but when I arrived there, I was told by the officer that no photo needs to be taken. I couldn't go back to ask the officer what's going wrong because I was told no picture is needed.

I'd like to know:

1). How to know when you have activated the green card successfully?

2). What can I do in my situation to ensure the green card is activated?

3). Did you need to take the photo at the airport, I was told to sign some documents and my passport has been signed, and then that's it.

4). Please advise me, any useful information to give me I'd really appreciate.

Please contact me at kheong20 yahoo email (@yahoo.com) and I'd appreciate thanks

TK
 
1) they stamp your passport (it's actually an endorsement) and take your yellow packet away from you
2) if you don't get a welcome letter and a GC in the mail within a couple of months, call USCIS
3) no
 
How long does it takes for them to mail the green card in the normal situation? And If I don't get the mail I should contact USCIS? Do you have their email or contact number? Does KCC helps in this situation too? I emailed them and they said they can't help.

Thanks!
 
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