Maintaining residency plus a young child with no status

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Lalala2701

Registered Users (C)
Hi

I am a GC holder since 2008 and I have been going back in and out of the country ever since, traveling once or twice a year, haven't stayed in the US longer than a month.
I have lived there in the past for many years, and I am litteraly dedicating every waken hour to figure out a plan on how to go back and live there full time. I have a young child now so that's what's temporarily holding me back.last time i was there i was asked some questions about my constent stay out of the country, and eventually the officier wrote in my passport that I was out for 6 months and then later he wrote on a different stamp that I was out for 7 months. I'm really scared. My bank accounts and credit cards are only in the US and I do anything in my power to make this happen soon but right now it's difficult for me with a young child.

1. What can I do to maintain residency even if the actual relocation is taking a little longer then I expected?

2.Do u think if the officer wrote this in my passport it means he also made some notification in the system?

3. My child's father is neither a US citizen nor a GC holder. My child holds a tourist Visa. I know that if I apply for him it will take the application about 5 years to process which is crazy. Are they likely to give me a hard time at the POE if he enters on a tourist visa?what else do they expect me to do? to leave my 2.5 years old child away for me for 5 years until his application processes?


Any response would be greatly appreciated please help!!!! thnx!!!
 
#1. you could have filed for a re-entry permit which gives you permission to live abroad for 2 years. you can file it when you are in US, so doing it from abroad will not work. you can still do it on your next visit.
#2. if the officer wrote something in passport, it is very likely he wrote something in computer too. you have higher odds of being questioned when you return after another long trip. at some time you might be asked to make a call whether you want to keep your GC or not.
 
Lalala2701 said:
Hi

I am a GC holder since 2008 and I have been going back in and out of the country ever since, traveling once or twice a year, haven't stayed in the US longer than a month.
I have lived there in the past for many years, and I am litteraly dedicating every waken hour to figure out a plan on how to go back and live there full time. I have a young child now so that's what's temporarily holding me back.last time i was there i was asked some questions about my constent stay out of the country, and eventually the officier wrote in my passport that I was out for 6 months and then later he wrote on a different stamp that I was out for 7 months. I'm really scared. My bank accounts and credit cards are only in the US and I do anything in my power to make this happen soon but right now it's difficult for me with a young child.

1. What can I do to maintain residency even if the actual relocation is taking a little longer then I expected?

2.Do u think if the officer wrote this in my passport it means he also made some notification in the system?

3. My child's father is neither a US citizen nor a GC holder. My child holds a tourist Visa. I know that if I apply for him it will take the application about 5 years to process which is crazy. Are they likely to give me a hard time at the POE if he enters on a tourist visa?what else do they expect me to do? to leave my 2.5 years old child away for me for 5 years until his application processes?


Any response would be greatly appreciated please help!!!! thnx!!!
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How come you got a greencard but your child did not? What type of immigrant classification is on your greencard? Did you have your child abroad AFTER you got as greencard? Something starnge is happening in this case. You need to provide more details.
 
Yes I had my child after I had my gc issued and i have been to the us without him since he was born therefor he isnt eligible for a transportation letter
 
Lalala2701 said:
Yes I had my child after I had my gc issued and i have been to the us without him since he was born therefor he isnt eligible for a transportation letter
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How did you get your LPR status? When did you file the I-130? If you are married to the father and file for both, you only need one I-130 for both. The way you are traveling abroad, the F2A visas would be issued before you could apply for naturalization.
 
I'm currently seperated and I got my status from my american husband who isnt the father (yea, i know)
F2a visa takes between 3 to 5 years do they expect me to stay in the us without my child for this long? or can i enter him on a tourist visa and file when he arrives
 
Lalala2701 said:
I'm currently seperated and I got my status from my american husband who isnt the father (yea, i know)
F2a visa takes between 3 to 5 years do they expect me to stay in the us without my child for this long? or can i enter him on a tourist visa and file when he arrives
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Since you got your status via a spouse, you cannot even file an I-130 for a new spouse for 5 years anyway. IF you had a child by another man while married to your greencard spouse your greencard is likely to be revoked.
 
BigJoe5 said:
IF you had a child by another man while married to your greencard spouse your greencard is likely to be revoked.
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Depends on when that child was conceived and born. I doubt they would attempt to revoke the green card if the child was born after removal of conditions.

But if she ever tries to sponsor the real father of the child, her green card will almost surely be revoked because doing that will very closely fit the classic chain-marriage fraud scenario.
 
No I dont intent to file for the child's father. I only intend to file for my child, and I don't see how they would expect me to stay away from my son for the few years it takes for his application to be processed, unless I can get him in on a tourist visa and file while both of us r in the us is that possible?
 
I only intend to file for my child, and I don't see how they would expect me to stay away from my son for the few years it takes for his application to be processed, unless I can get him in on a tourist visa and file while both of us r in the us is that possible?
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Not possible if you're not a US citizen. And if you're a US citizen they won't approve his tourist visa in the first place, but the wait time for a green card would be greatly reduced. But you're not spending enough time inside the US to accumulate the physical presence and continuous residence to qualify for citizenship.

Does your son already have a tourist visa?
 
Hi
After I'm back in the US it will be for good, but it will still take me about 5 years to qualify for natrulazation. the child does have a tourist visa
 
I'm surprised they would approve a tourist visa for your child, given that that you have a green card.

But still that doesn't mean they'll actually allow the child to enter the US with the visa.
 
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