Out of the country after RP expires

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Wonkimus

New Member
Hi, my wife is a permanent resident, she got the green card through marriage to a US citizen (me.) She got it in 2000 and we lived in the US until January 2007 when we moved outside the US for my job. My wife did get a re-entry permit (expires April 2009 and she has not been back to the US since.) We have filed US taxes each year.

The thing is, at this time we have no immediate plans to return to the US to live, but it's always possible that we will do so in the future. We WILL be going back for the holidays this year but only for ten days, and I don't think trying to get another re-entry permit is worth is--there's the cost, and I don't think we'll have enough time with the new biometrics requirement anyway. That plus it's not likely we will go back within another 2 years.

What should we do? Is there a such thing as a "returning resident visa?" Looks like it's the SB-1...is this what we need? Thing is we will likely want to go back intermittently for family visits, but how would this work with an expired GC? Does she need to give it up (form I-407) to avoid trouble?

But if she gives up the status, then she'd have to start everything from scratch again once we do decide to return, and the requirements for PR are stricter than they were when we originally applied back in 2000--for example now it looks like you have to prove you have a job in the US, which is impossible since I am not living in the US now!

We have a small baby now (he already has his US passport) and I'm basically terrified they will try to separate my family. If anyone has any advice, I'd really appreciate it! Thanks!
 
Last edited by a moderator:
Wonkimus said:
Hi, my wife is a permanent resident, she got the green card through marriage to a US citizen (me.) She got it in 2000 and we lived in the US until January 2007 when we moved outside the US for my job. My wife did get a re-entry permit (expires April 2009 and she has not been back to the US since.) We have filed US taxes each year.

The thing is, at this time we have no immediate plans to return to the US to live, but it's always possible that we will do so in the future. We WILL be going back for the holidays this year but only for ten days, and I don't think trying to get another re-entry permit is worth is--there's the cost, and I don't think we'll have enough time with the new biometrics requirement anyway. That plus it's not likely we will go back within another 2 years.

What should we do? Is there a such thing as a "returning resident visa?" Looks like it's the SB-1...is this what we need? Thing is we will likely want to go back intermittently for family visits, but how would this work with an expired GC? Does she need to give it up (form I-407) to avoid trouble?

But if she gives up the status, then she'd have to start everything from scratch again once we do decide to return, and the requirements for PR are stricter than they were when we originally applied back in 2000--for example now it looks like you have to prove you have a job in the US, which is impossible since I am not living in the US now!

We have a small baby now (he already has his US passport) and I'm basically terrified they will try to separate my family. If anyone has any advice, I'd really appreciate it! Thanks!
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SB-1 visa if she stayed overseas for more than one year and less than 2 years withut permit.
If she stayed more than 2 years with or without permit, this means she is no GC holder anymore and you can apply for her again from scratch
Paying taxes, have house in US, have bank account in US, have USC kids or spouse .........................................etc are not replacement or excuse from the stay requirement in US for permanentresident card holders
By not allowing one to reenter the US without valid documents, even if he/she is a spouse to USC has nothing to do with family separation or re-union.
 
Thanks, it looks like she will have to do the I-407 (bye bye GC) thing after her RP is expired for future visits to the US, then we'll re-apply for the permanent residence once we decide to return for good.

Will we have trouble because she had a GC in the past and then abandoned her status? I was looking at the requirements and now it seems to say you have to prove you have a job in the US to be a sponsor...not sure how that could work since I am not in the US! (I work for US company though.) It's likely I'd just quit the job here and then move, that's what we did in 2000 when all you had to do is show your taxes. If that's the case we'd have to find another sponsor, my parents aren't planning to retire for about another decade... By "separate the family" I mean I'm scared they won't approve a new GC.

Edit: Just checked the "domicile" requirements for the affidavit of support. It says I can automatically be considered domiciled in the US if I am working for a US firm or are just living abroad temporarily. I could have sworn I saw something a few months ago that said for the Affadavit of Support you were supposed to provide a letter from your US employer to prove you have income in the US! Maybe I'm just being paranoid...
 
Last edited by a moderator:
Wonkimus said:
Thanks, it looks like she will have to do the I-407 (bye bye GC) thing after her RP is expired for future visits to the US, then we'll re-apply for the permanent residence once we decide to return for good.

Will we have trouble because she had a GC in the past and then abandoned her status? I was looking at the requirements and now it seems to say you have to prove you have a job in the US to be a sponsor...not sure how that could work since I am not in the US! (I work for US company though.) It's likely I'd just quit the job here and then move, that's what we did in 2000 when all you had to do is show your taxes. If that's the case we'd have to find another sponsor, my parents aren't planning to retire for about another decade... By "separate the family" I mean I'm scared they won't approve a new GC.

Edit: Just checked the "domicile" requirements for the affidavit of support. It says I can automatically be considered domiciled in the US if I am working for a US firm or are just living abroad temporarily. I could have sworn I saw something a few months ago that said for the Affadavit of Support you were supposed to provide a letter from your US employer to prove you have income in the US! Maybe I'm just being paranoid...
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There are jobs overseas which will be considered as if you are working in US like embassies, consulates and other jobs which is qualified by certain way or another. It is not just for example McDonald or bank with similar name to another one in the states. You can check with your place if it is qualified or not, then you can fill those forms and follow the instructions. If you are UCS, you can sponsor her under family based many times if she loose her GC because of any reason. This family based does not need you to have job in states, just your USC is more than enough. It will take about one year or so to finish the consulate adjustment for the new application. Just one year before you decide to return back apply again. Those who lost their GCs because of overstay their time overseas; employment of family based can reapply again since there is no fraud or criminal history which will prevent them from re-applying if their situation improved and could fit again under any category like your case.
 
mmed said:
There are jobs overseas which will be considered as if you are working in US like embassies, consulates and other jobs which is qualified by certain way or another. It is not just for example McDonald or bank with similar name to another one in the states. You can check with your place if it is qualified or not, then you can fill those forms and follow the instructions. If you are UCS, you can sponsor her under family based many times if she loose her GC because of any reason. This family based does not need you to have job in states, just your USC is more than enough. It will take about one year or so to finish the consulate adjustment for the new application. Just one year before you decide to return back apply again. Those who lost their GCs because of overstay their time overseas; employment of family based can reapply again since there is no fraud or criminal history which will prevent them from re-applying if their situation improved and could fit again under any category like your case.
Click to expand...

Thanks again. I figured out where I read the "job in the states," it was on form I-134, which is not the correct form anyway. Don't worry, we aren't going to try any fraud or anything else illegal!

Not really sure when we'd plan on going back for good anyway, but I remember the process being time-consuming the first time we did it. We are in Japan, by the way and the Mrs is a Japanese citizen. That's why she never got US citizenship, because Japan does not allow dual citizenship.

I guess the only real issue would be the affidavit of support...for example if I suddenly got laid off here and we decide it would be better to go back to the USA, that could be an issue...?
 
When you move back to the US, you will have a job then, right? Redo her green card once you've moved back to the US. Yes, it will mean being separated for about a year while wading through that process, but that's how US immigration works.

Or you can use assets instead of employment income to qualify financially and sponsor her, if your liquid and near-liquid assets are 625% of the poverty line (i.e. 5 years of 25% above the poverty line for annual income of your household size).
 
when we moved outside the US for my job
Click to expand...
What is your new job? Is it for US government abroad?
Is it for US company abroad?
Does she work?
Is it for US government?
Is it for US company abroad?
 
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