GC Returning to US

H

harsha_c

Registered Users (C)
All,

I have been away from US on and off during 2007 for studies and 2008 - 2009 working overseas. I took reentry permit for last two years and did not face many questions. Now I came back to US in april and established my residency again and stayed 3 1/2 months. But I had to come home on urgent trip to attend to my father who has had a accident and was in critical condition. I am returning after 2 1/2 months and was wondering if I will face any issues at the immigration. I am getting a letter/discharge summary from the hospital as proof. I will also bring my bank statements, credit card statements etc showing my ties.

thanks
Harsha
 
Also would my stay overseas have any bearing on my I130 application (F2A category) I plan to apply for my wife? Do I need to wait longer to demonstrate I have established my permanent residency again...
 
You probably won't have any issue at the port of entry, but if they give you trouble just tell them you had a reentry permit for the long absence between 2007 to 2009 (bring the expired permit if you have it).

As long as your GC has not been canceled, your absences won't affect the I-130, provided that the absences don't interfere with other aspects of the process such as having US income for the I-864.
 
Jackolantern

While I have been overseas, I have filed my tax returns and used the foreign income exclusion provision.. So my gross income shows up in I130 as 0. Would it be sufficient if I put my tax returns and also show a bank balance of 3 times poverty limit (around 55k) and have a solid co sponsor.. I can also put my tax returns for the past years where I had sufficient US income and paid taxes here....Please let me know if this is sufficient.

thanks
 
Foreign income cannot be used for the Affidavit of Support unless it is passive income (e.g. interest, dividends, royalties).
 
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