GC/ Re entry question again

[vandeluca]

I was wondering-if one applies for the RE permit with the GC..and in the end we found out maybe we should return it due to having to be out more than thought/expected or not meeting requirements, that will not be a problem.

The main problem is we have a terminally ill parent (FIL) abroad and we don't know how long it could be, but not doing well at all now but could bounce back 'somewhat'. We are thinking it may be important to spend more time with him overseas.... However, if I send our child to school abroad during this time, I don't want to keep moving her around up and down either. To me blocks of time in a school are somewhat important to make friends. But also, she has a medical condition that is normally controlled but can become life threatening or needing more care, making us sort of just need to go to the US fairly quickly...I am a USC..

What I want to know, hypothetically, if one (spouse) gives up a greencard on their own, say in December, and then for reason like medical treatment we really needed to come back in say June, to reside once again, we can apply again for the GC. Would they potentially give us a hassle due to the time being so quick/short between giving back and reapplying? I know it sounds crazy but hypothetical but honestly the past few years of our lives have been this ridiculous in other ways that nothing surprises me. Just thinking ahead in case.

Spouse has CDN citizenship as well, so normally does not need a visa to come to US anyway...but I wonder if that whole scenario would annoy them (back and forth and reapplying so quickly). IT almost sound unbelievable but who knows...

And JAck..lol..no this is not my plan..I am just thinking out everything....even my worst case scenario which would be this...

 

[namecheckvictim]

If you don't end up staying for a long period, a mere issuance of RP will not effect the Nat'z period. It only breaks if you stay for long periods and obviously at that point a RP is needed to reenter the Country, so rather than turning the GC in and then reapplying going the RP route is better.

 

[Jackolantern]

Give up the green card for such a short absence? Do you enjoy spending money on immigration services? The reentry permit costs $385, but all the fees for the green card add up to nearly $2000, not to mention the extra hassles of the green card process. Have your spouse apply for the reentry permit, and RELAX!

 

[vandeluca]

Jack/etc..No I absolutely hated the thought of applying again for a GC...my spouse not being able to travel basically during that waiting period for the GC was tough esp for him with an ill parent.. NOT to mention the money for round #2...

I guess what I was referring to...is...suppose this 'exercise' took more than the 2 years. His father has really surprised us by withholding this long (thankfully)..In fact 5 years cancer survivor. However, he is rediagsnosed w something else and not able/too thin to get treatment, unlike the first time. Inevitably, we will have a loss at some point. Who knows, could be months or years, but he does weigh less than 100lbs now..

My thinking in this question was....fine, we go and be with him the last times...But if I wanted my daughter to just finish school there say for another 1-2 years after this chapter closes, rather than just 'let's just pick up and go' and start her again new, I wanted continuity somewhere..... I guess really the max time we will be allowed out is 4 years of back and forth w/o hassle if 2 RE permits..(potentially she would have 5 years left from today). Again, we will never stay for more than 6 months..but it will be travel back and forth as much as possible inc child's breaks from school...and then some. Continous residence will never be broken...

And actually we may not even HAVE to apply for RE permit until the pattern is longer of being out more than in...

What it comes down to..I Guess I was trying to make it all work...Gc, then eventual citizenship if he wants it and having our situation, inc being out of US at times, all work in our favour.....like everyone else here.