quick visit to perserve gc over 1 year?

[Alanalan11]

i actually got advice from the consulate in chiang mai thailand that my wife, a gc holder for about 20 years, but due to be with me in Thailand for 14 months,

Make a QUICK VISIT to the u.s. to stay under the 1 year mark.

Can this visit be just a FEW HOURS in the airport and turn around and come back?

We are already in Thailand and I need to be here another year, and we did not file a re-entry permit.

we have a us house, bills, accounts and us taxes filed continuously and lots of other ties including our two very young u.s. children who would be returning with her the second time (i am u.s. too). we honestly have no intention of relinqushing residency.

my other question is, if I do the alternative and file I-130, can we do that in Thailand when she is still a LPR of the U.S.? If we wait until the year is up, that might not leave us enough time to file I-130 before we have to go back for the kids school year.

 

[ananga73]

It may or may not work depending on the entry official she meets. This is akin to gaming the system. Even though you have no intention of relinquishing residency, the official cannot see into your head and will make his/her decision based on data and paperwork.

i actually got advice from the consulate in chiang mai thailand that my wife, a gc holder for about 20 years, but due to be with me in Thailand for 14 months,

Make a QUICK VISIT to the u.s. to stay under the 1 year mark.

Can this visit be just a FEW HOURS in the airport and turn around and come back?

We are already in Thailand and I need to be here another year, and we did not file a re-entry permit.

we have a us house, bills, accounts and us taxes filed continuously and lots of other ties including our two very young u.s. children who would be returning with her the second time (i am u.s. too). we honestly have no intention of relinqushing residency.

my other question is, if I do the alternative and file I-130, can we do that in Thailand when she is still a LPR of the U.S.? If we wait until the year is up, that might not leave us enough time to file I-130 before we have to go back for the kids school year.

 

[Jackolantern]

i actually got advice from the consulate in chiang mai thailand that my wife, a gc holder for about 20 years, but due to be with me in Thailand for 14 months,

Make a QUICK VISIT to the u.s. to stay under the 1 year mark.

Can this visit be just a FEW HOURS in the airport and turn around and come back?

We are already in Thailand and I need to be here another year, and we did not file a re-entry permit.

we have a us house, bills, accounts and us taxes filed continuously and lots of other ties including our two very young u.s. children who would be returning with her the second time (i am u.s. too). we honestly have no intention of relinqushing residency.

A few-hour visit may be treated as nonexistent. She should stay for at least 24 hours. The longer the better. In addition, she should go to the US at least twice in that 14-month span, in order to ensure no individual absence from the US is over 6 months.

Note that it is not necessary to go to the mainland US. She can go to Guam, which is much closer to Thailand than mainland US.

my other question is, if I do the alternative and file I-130, can we do that in Thailand when she is still a LPR of the U.S.? If we wait until the year is up, that might not leave us enough time to file I-130 before we have to go back for the kids school year.

Do you mean I-131 to get a reentry permit? Because I-130 is to get a green card, and your wife already has a green card, and apparently you are a US citizen (you wrote "i am u.s. too" ... you didn't use the word "citizen" but I figure you meant US citizen).

 

[ThePandya]

The biggest problem with what you are trying to do will be whenever your wife will apply for naturalization. Officers will see the she was not interested in staying within US whatsoever. Also why not to come to us for few weeks in a year just like having vacation??

i actually got advice from the consulate in chiang mai thailand that my wife, a gc holder for about 20 years, but due to be with me in Thailand for 14 months,

Make a QUICK VISIT to the u.s. to stay under the 1 year mark.

Can this visit be just a FEW HOURS in the airport and turn around and come back?

We are already in Thailand and I need to be here another year, and we did not file a re-entry permit.

we have a us house, bills, accounts and us taxes filed continuously and lots of other ties including our two very young u.s. children who would be returning with her the second time (i am u.s. too). we honestly have no intention of relinqushing residency.

my other question is, if I do the alternative and file I-130, can we do that in Thailand when she is still a LPR of the U.S.? If we wait until the year is up, that might not leave us enough time to file I-130 before we have to go back for the kids school year.

 

[Jackolantern]

The biggest problem with what you are trying to do will be whenever your wife will apply for naturalization.

Given that she's held a GC for 20 years, she probably isn't interested in naturalization anytime soon, if ever.

 

[Alanalan11]

Thanks!

I thought it would be stays of over 1 year she would have to avoid. Now it's 6 months? How come it says 1 year on the uscis website?

If, as someone suggested, the problem will come down to data and documents, certainly we have a lot of documents as I mentioned. So, it is really risky what we are doing?

If I-131 is a re-entry permit, it's too late for that, as I understand it, since we are already in Thailand now. But yes I was thinking we could relinquish the card and re-apply with i-130, except I dont know how we do that from overseas, timing wise. Its not an option we want to take very much, hence the visit thing.

Citizenship would be nice, but it's hardly our biggest problem so far. I assume her 14 month stay already restarts the clock regardless of what we do.

I don't see how 20 years of residency interrupted by 14 months abroad and then continuing back with mortgage, job in the u.s., u.s. citizen husband, and u.s. citizen children returning to school, would look on the face of it to be no interest in residing in the u.s.

However, that's not the question. The question is just how to stay 14 months here instead of 11.99 months. Any suggestions? We can't afford two trips or even afford places for her to stay or ground transportation in the u.s. We're renting out our u.s. house out now, far from the airport.

 

[Jackolantern]

Thanks!

I thought it would be stays of over 1 year she would have to avoid. Now it's 6 months? How come it says 1 year on the uscis website?

An absence of 1 year is the hard-line that makes it nearly impossible to retain the green card without a reentry permit or SB-1 visa.

But an absence of over 6 months puts the green card holder into the "seeking admission" category which invites extra scrutiny and hassle at the port of entry. So it's better to keep the absences under 6 months.

I don't see how 20 years of residency interrupted by 14 months abroad and then continuing back with mortgage, job in the u.s., u.s. citizen husband, and u.s. citizen children returning to school, would look on the face of it to be no interest in residing in the u.s.

The problem is that during those 14 months, she has a husband and children outside the US. And apparently she is also working outside the US? They are concerned about her ties to the US during the long absences, not just her intent upon returning to the US, and having immediate family outside the US and working outside the US are negative factors. Still, it does appear that she would prevail once all the evidence is presented to an immigration judge ... but do you want to go through a court battle to maintain her green card? Or go through the expense and separation of redoing the whole green card process?

However, that's not the question. The question is just how to stay 14 months here instead of 11.99 months. Any suggestions? We can't afford two trips or even afford places for her to stay or ground transportation in the u.s.

Have her take two weekend trips to Guam, to keep each stretch away from the US under to under 6 months.

 

[BigJoe5]

i actually got advice from the consulate in chiang mai thailand that my wife, a gc holder for about 20 years, but due to be with me in Thailand for 14 months,

Make a QUICK VISIT to the u.s. to stay under the 1 year mark.

Can this visit be just a FEW HOURS in the airport and turn around and come back?

We are already in Thailand and I need to be here another year, and we did not file a re-entry permit.

we have a us house, bills, accounts and us taxes filed continuously and lots of other ties including our two very young u.s. children who would be returning with her the second time (i am u.s. too). we honestly have no intention of relinqushing residency.

my other question is, if I do the alternative and file I-130, can we do that in Thailand when she is still a LPR of the U.S.? If we wait until the year is up, that might not leave us enough time to file I-130 before we have to go back for the kids school year.

IF SHE is interested in naturalizing, THEN depending on YOUR employment situation INA 319(b) may be an option. Read about that.

As for the Re-entry permit, she can still apply BUT must return to the U.S. to do it. SHE must remain in the U.S. long enough for the I-131 to be received by USCIS. She mat then depart BUT she would have to return in order to get the biometrics (fingerprints, photos, and signature) at an ASC. She could get a PO Box in Guam for that stuff (see if there is a private company that can monitor mail and alert her when something arrives).

USCIS has recently changed I-130 processing for folks overseas. The Interim Memo is currently posted and they are accepting comments. Check the Outreach tab on www.uscis.gov

 

[Alanalan11]

Thanks.
Seems wierd to me, but the fact that it seems wierd does not seem wierd. That's government!

So, two trips to guam, where she has no business going to, is not a problem but one visit to her actual home in the u.s. is a problem?(also read somewhere that it's not recommended to go through POE that are resorts).

Can't swing the two guam visits moneywise. I can for various reasons swing one visit to the U.S. next month (not worth time explaining), followed by 11 months in Thailand before the return.

As I understand what you are saying, this is extremely risky?

So, here is my plan: After 2.5 months in Thailand now, she makes one visit to the U.S. and goes home, stays there one week and also takes care of renewing her CA vocational nurses license. Comes back to Thailand and stays 11 months (not employed, but how do you prove you were not working?), then flys back with her two 7-year old U.S. citizen children, but without me, her u.s. citizen husband, and will have mortage, tax, bank account docs etc.

What might happen at the airport? For instance, could it really be possible that they might take her children away at the airport? (I know my kids-- they would freak out, scream, and be traumatized and hard to deal with). What will they do with the children? Who will take care of them? Would they send her back to Thailand? At whose expense (we don't have credit cards, and don't have the money to buy another ticket)? And if they send the kids back with her, with what Thai visa are they supposed to enter the country? They are u.s. citizens and not thai citizens. They do have elderly, infirm grandparents on the opposite coast of the u.s., is that where they would send the kids?

I am kind of wondering about what might be possible, and also kind of hoping that the worst case scenario is so absurd that they would not go for it. Also, I am just picturing that absurd situation, kids being carted away to who knows where, and my wife claiming that she looked it up on the uscis website and it says you cant stay out for more than a year, and she did what it said. (this, other, more expert info is not there on the website, unless you dig deep. it just says one year and nothing else when you just go there casually looking for the travel rules).

Of course, this is all coming from relative ignorance, hence the asking for your help.

thanks again!

 

[ThePandya]

Your question above, I'll not comment for now as I'll let experts speak. However, I would suggest that if your long term plan to be outside US(which it seems like) then put some funding together have your wife visit US on regular basis maintaining her (problem free) GC status and let her become US citizen as soon as possible that is 3 years. After that get dual citizenship of US and Thailand(if possible). Another option is surrender her GC and get visitors VISA. Once you guys decide to come back just few months before file for her GC again giving all the reasons you gave for her GC not being in problem after remaining outside US for 14 months!! These are easiest option if you give up idea of maintaining your wife's GC by just 1 visit for few days and make it complicated!!

Thanks.
Seems wierd to me, but the fact that it seems wierd does not seem wierd. That's government!

So, two trips to guam, where she has no business going to, is not a problem but one visit to her actual home in the u.s. is a problem?(also read somewhere that it's not recommended to go through POE that are resorts).

Can't swing the two guam visits moneywise. I can for various reasons swing one visit to the U.S. next month (not worth time explaining), followed by 11 months in Thailand before the return.

As I understand what you are saying, this is extremely risky?

So, here is my plan: After 2.5 months in Thailand now, she makes one visit to the U.S. and goes home, stays there one week and also takes care of renewing her CA vocational nurses license. Comes back to Thailand and stays 11 months (not employed, but how do you prove you were not working?), then flys back with her two 7-year old U.S. citizens, but without me, her u.s. citizen husband, and will have mortage, tax, bank account docs etc.

What might happen at the airport? Could it really be possible that they might take her children away at the airport. What will they do with the children? Who will take care of them? Would they send her back to Thailand? At whose expense (we don't have credit cards, and don't have the money to buy another ticket)? And if they send the kids back with her, with what Thai visa are they supposed to enter the country? They are u.s. citizens and not thai citizens. They do have elderly, infirm grandparents on the opposite coast of the u.s., is that where they would send the kids?

I am kind of wondering about what might be possible, and also kind of hoping that the worst case scenario is so absurd that they would not go for it.

Of course, this is all coming from relative ignorance, hence the asking for your help.

thanks again!

 

[Alanalan11]

just to be clear: we live in the u.s. and intend to always live in the u.s.
also, we cannot afford our life in the u.s. if my gc wife does not work legally.
if i could go back in time i would get citizenship for her, or a re-entry permit.
right now its just how to handle the fact that we need to be here 14 months because of my job, for a one-time only thing. she has no job in thailand but i do need her to watch the kids while i work, take them to school, and also take care of all things thai, as well as just be together.

thanks!

 

[Jackolantern]

What might happen at the airport? For instance, could it really be possible that they might take her children away at the airport? (I know my kids-- they would freak out, scream, and be traumatized and hard to deal with). What will they do with the children? Who will take care of them? Would they send her back to Thailand?

Assuming she has no criminal record and she returns after an absence of less than 1 year, they're not going to take away the kids or arrest her at the airport or send her back to Thailand. If the immigration officer wants to initiate revocation of the green card, what they'll do is order her to see an immigration judge. Then she and the kids will get to leave the airport and she'll wait for her court date when she can present her case to the judge.

When she's going back to the US after those 11 months, make sure to allow for at least a couple hours gap for the connecting flight if the first port of entry isn't the final destination. That's because if the immigration officer at the counter has an issue with her absences, they'll probably send your wife to the secondary inspection room so another officer can discuss her situation in more detail before deciding whether to order her to see the judge or let her go through free and clear. That could take a couple hours if there are other people lined up in the room.

As far as working is concerned, she can't directly prove that she's not working, but what she can prove is that while abroad she had enough financial support to sustain herself without working, whether that is savings, a working spouse, a pension or whatever.

And it's unwise to plan for an 11 month absence, as that doesn't give much breathing room if something happens to delay her return like an injury or illness, or flight disruptions due to a volcano or tsunami or something, or your changing work commitments.

 

[Alanalan11]

thanks a lot! i did think about the close call thing, delay, etc.

So, i have found someone to take my wife in at the u.s. for her quick trip. What is the minimum she can stay? 48 hours ok? 24? 3 days? 7 days would be hardship but doable.

although it's not important, i still am curious about the guam thing: that isn't suspicious, the closest place to thailand just hopped to for no apparent reason?

Also one important question, supposing the officials take her aside and decide the case needs to go to court (unlikely, i think), do they take her greencard right then, without a trial, or is it taken on "judgement day"?

My reason for asking: it would be a huge problem if she lost her ability to work in the u.s., or drive her car in CA(there's an anti-alien license law in CA) for more than a few weeks, waiting for court date, etc.

Thanks again for clearing this all up. The information the gov itself puts out is not enough.

 

[TheRealCanadian]

just to be clear: we live in the u.s. and intend to always live in the u.s.
right now its just how to handle the fact that we need to be here 14 months because of my job, for a one-time only thing.

Why are you screwing around with technicalities like 24 hour trips to the US, when a re-entry permit is the ideal solution?

 

[Alanalan11]

have to be in the u.s. to file a re-entry permit, before your trip.
we are in thailand now, and I had a change of plans and situation. staying for longer than anticipated.
too late for re-entry permit. trying to stay focused on reality, on the actual problem we face right now, not could've and should've

 

[Jackolantern]

we are in thailand now, and I had a change of plans and situation. staying for longer than anticipated.

Which is why it's important to not go close to the limit with an 11 month absence, because another unanticipated event could extend her stay in Thailand. One trip this month or next month staying for a week as you mentioned above to renew her work license and take care of other errands, and then plan for a weekend trip to Guam around 5 months later. Better to spend money on a trip to Guam than to spend much more in a court battle.

Also one important question, supposing the officials take her aside and decide the case needs to go to court (unlikely, i think), do they take her greencard right then, without a trial, or is it taken on "judgement day"?

My reason for asking: it would be a huge problem if she lost her ability to work in the u.s., or drive her car in CA(there's an anti-alien license law in CA) for more than a few weeks, waiting for court date, etc.

If they order her to see an immigration judge, they could physically take away the green card (but only the judge can revoke it).

Does she have a Social Security card without the employment restriction wording on it? If not, she should visit a SS office on her next trip to the US to apply for one. With that unrestricted SS card combined with a driver's license or state ID, she can work without showing the green card. See form I-9 and the list B + list C requirements.

And if her driver's license expires within the next 12 months, she should apply for a renewal when she's in CA again (unless they allow applying for renewal online or mail, which would make applying in person unnecessary).

 

[Alanalan11]

thanks.
actually now that you answer, that all seems logical and i could have figured it out myself: the dmv is not going to know what happens, and her employer is not going to know either. and anyways i guess it doesn't matter because they cant revoke it immediately.

i am actually scared of the trip to guam: what if they take the green card there? she can't claim she has any business whatsoever in guam except getting stamped.

besides the fact that we don't have the extra money. it's not a choice between spending little now or more later. the money does not exist. so it's kind of just rolling the dice now, and maybe begging people for money later (my wife is in court, my kids may lose their mother, please give...)

the other option is I'm thinking of just biting the bullet and staying here with the kids by myself and having her fly back after 11 months, one continuous trip, and just waiting in the u.s. for us for 3 months.

fortunately or unfortunately, this forum is the basis on which i'll make that decision.

thanks for you help!

 

[Jackolantern]

Here's another tip: She should not fly back to the US with a return ticket that ends up outside the US. Either it should be a one-way, or a return ticket with the return leg going to the US. They don't routinely ask for ticket details at the immigration counter, but if she is sent to the secondary room after a long absence it is very likely to be brought up, and it definitely will come into play if she goes to court.