GC Holder of a US citizen spouse returning after 5 years

[weverifyit]

I am a US citizen and I left the USA about five years ago to work overseas for a US MNC, with my Green Card holder wife.

We own a house, bank accounts etc: in USA, always filed taxes, but both of us did not visit USA for the last 5 years. We never intended to give up our residence in USA.

Now, I got a job back in USA and we are returning to USA next month.

Here are my questions :

a) The airline will obviously not know all this and hopefully let us board. The date on my wife's GC has also expired but I got a transportation letter from the local US consulate which takes care of the GC expired date and which will enable us to still travel.

b) What is the worst that could happen at the port of entry?

c) Can my wife be deported back by the next return flight?

d) Can she be detained etc:

e) What is our best option to enter USA hassle free?

Thanks

 

[Jackolantern]

a) The airline will let her travel to the US with the transportation letter, but to increase her chances of getting through the port of entry she should get a Returning Resident Visa. When giving the transportation letter, did the US consulate know she was away from the US for 5 years? Even if her card had not expired, it ceased to be valid for reentry after an absence of over a year.

b) and c) Sent back on the next flight

d) Yes

e) You should not expect hassle-free. What you can do is set yourself up to successfully break through the hassle:

- Make sure that you the US citizen will travel back with her and go to the immigration counter together.
- If you have another flight after initially landing in the US, make there is at least a 3-hour wait, because she probably will get sent to the secondary inspection room for interviewing and paperwork which could take a couple hours.
- Bring proof of your ties to the US ... tax returns, documents for your US house, etc.
- Bring proof that you are married to her
- Bring proof that you worked for a US corporation while away

If the worst-case scenario happens and she is deported for abandoning US residence, you can reapply for her GC immediately and she should be able to come back inside the US within 6-12 months (assuming she hasn't committed any crimes or picked up a disqualifying diseases).