HELP NEEDED. How long before my residency is abandoned?

[englishrose04]

I need advice...
I am a legal permanent resident of the US but yet to receive my greencard.
My case has been really messed up... I got approved for my greencard over 2 years ago but never received it. Ive been to the INS multiple times trying to get this situation resolved. The last time I went was in March when they told me my greencard had been sent to the wrong place and they were in the process of getting it sent back to the INS office to get it sent off to the Greencard processing place and that I would receive it in a few days. I received notification of it being sent back to the INS and sent off again but I am yet to receive my greencard. I have the stamp on my passport so that I can travel and work in the Us
I came back to England in May, I've been here for just under 5 months and was planning on staying until January, hoping I would have received my greencard, which I havent. I am going back to America in November before the 6 months is up, But I was planning on coming back to England until January and then residing back in the Us permanently as I am only in the Uk temporarily. I am going to book an info pass appointment in November when I am back in the Us but i was wanting some advice beforehand so I can know what to expect. Am I going to be able to come back to the uk? Will I have to file for a re-entry permit, and if so how long does it take to get one?
My boyfriend lives in England which is why I am here at the moment. We are hoping that once my situation is resolved that he will be able to move tothe us but what are his options? Will he able to come on a fiance visa since I will just be a greencard holder? Or would I have to be a citizen? What other options are there for him to be able to move to the us?
I am scared of losing my permanent residency.
please help.
thanks in advance

 

[namedude]

The way things work your future husband or wife might not be able to even visit you in the US because they might have immigration intent. Having immigration intent on tourist visa or VWP or F-1 is not allowed. However your future spouse will have to wait for GC for many years - like 5 years. It is part of family reunification program initiated by govt agencies. Lots of people support such a program because it adds to the pain of being an immigrant.

However what you can try doing is visiting your spouse for brief periods on a different continent. However if you move in with your spouse permanently your GC will be lost. This is also part of family reunification program.

You can try it differently. Some people got F-1 for fiancee, hided this fact when applying for visa and they got away. But so do millions of people who cross the border to the US. So the choice is kind of yours if you want to execute fully the family reunification program. Some call it a divorce maker but a lot are happy with it because you don't have to see your spouse too often.

After you get citizenship they get you off this program and you can bring your spouse in without a problem.

I think you can get a reentry permit to be out of the US for 2 years. I would be careful with long absences from the US though because they can screw up your citizenship application. You have to live in the US at all times in order to qualify for citizenship. It is all groovy.

Best wishes.

Disclaimer
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I am not a lawyer and don't treat this as advice. It is not reliable.

 

[Jackolantern]

We are hoping that once my situation is resolved that he will be able to move tothe us but what are his options? Will he able to come on a fiance visa since I will just be a greencard holder? Or would I have to be a citizen? What other options are there for him to be able to move to the us?

If he has the qualifications and can get a company to hire him, one option is an H-1B visa (but those will only be available again in October 2008, and must be applied for in April 2008), unless he can get an exemption (i.e. be hired by a university or college or nonprofit research or government research organization). The H-1B would allow him to live and work in the US and pursue a green card either sponsored by you or his employer.

Or, he could get an F-1 and study at a US university, but if you get married before becoming a citizen his status would be in jeopardy, because F-1 does not allow immigrant intent, and being married to a green card holder is considered evidence of immigrant intent.

You also need to be careful about your trips overseas and how you speak about your relationship, because being married or engaged to somebody living overseas is considered evidence of intention to abandon your permanent residence if combined with long overseas trips.

Also note that all this time you are spending outside the US is delaying your eligibility for citizenship. At some point you may decide that the green card and citizenship is not worth it, if it means you have to stay apart from who you want to marry.

 

[namedude]

My advice is to be proud that you can participate in a unique family reunification program or "Divorce Maker". It is a unique experience in life and you will have it with you for the rest of your life. You will be greateful that you went through it. Try to be happy when going through this unique experience.