Re-entry permit

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bkarth

Registered Users (C)
I am a Green Card holder and I am getting married in Jan 2004, I know I can't bring my wife for 5 to 6 years to the country. The option I left with is work outside of US and still try to maintain my green card. Can I do that? How long I need to stay in US to maintain my Green card? How about applying for a Re-entry permit? How long INS will give the re-entry permit for? Please if any off you know answer to any please let me know.

Thanks a lot,
Karth
 
I am in the same situation like yours ( may be several others). Iam looking at avenues to bring my fiancee over to US, but nothing worked out for me so far unfortunately.

However, regarding your question about re-entry permit:

You can apply for re-entry permit before you leave US. Make sure that the timestamp is before u depart USA. It takes like 3-4 months may be to get the permit. But you need not be in US while the permit is getting processed. The important thing is the application has to be sent before you depart US.

The re-entry permit is given for a max period of 2 years. If you give genuine reason , they can give you the max period of 2 years.

-Rajesh
 
Re-entry permit and Marriage after GC

Hey guys -
What is a re-entry permit? I have got my GC approval and I went to the local INS office and got it stamped which says that it is a proof for my legal residence and work authorization. Now my question is do I need to apply for re-entry permit again? I guess all three of us are in the same boat struggling with the same issue marrying outside USA and bringing spouse to USA. The most outrageous and natorious law on the earth. Funny thing is whereever you go, you see slogans and writings about family values all over the place and the fact is... US governement is seperating couples because of this freeking law. As one of you, I have to go to a different country and get married there. Then I have to bring my wife here. I will try my best to find a way to do that Otherwise, I have to leave USA and work in my country for some time and come back.

Let me know guys, do I still need to get a re-entry permit?

Thanking you. :confused:
 
Re: Re-entry permit and Marriage after GC

If you are planning to stay outside US for more than 1 year, a re-entry permit is required to re-enter. Otherwise BCIS will presume that you abandoned your residence in US and refuse to admit you.
A re-entry permit allows you to stay outside US for upto 2 years without jeopardizing your green card status.

To get a re-entry permit you need to file I-131 with BCIS and pay the required fees ( $100 I think).
 
waiting4gc2002,
I donno which Country u are from...but yes i definitely understand ur pain. I have been trying since last one year to get my fiancee over here....but nothing worked for me.
By the way, regarding the re-entry permit: My suggestion is that u get one even if u plannig to leave US for more than 6 months.Thats in case u plan to go for citizenship in the future. Your absence for more than 6 mnths from US will be questioned during ur citizenship interview. In one case, a person's application for citizenship was denied since she was outside of US for 10 mnths.

Good Luck.

Btw if u come across some means on how to get ur wife to US, do share it with me. If i find some avenues...will let u know too.

-Rajesh
 
Do you guys know where and how to appy for Re-entry permit (I-131) to the local INS??

This is the reply from my lawyer about how to bring my wife to US after filing I-130.

If you file an I-130 petition for your wife, then she cannot come to
the US as a nonimmigrant visitor, student etc, as she has indicated her intention to immigrate by your filing the I-130 petition on her behalf.

But If she is qualified and has a company who has filed and has received an approval of an H-1B petition on your wife's behalf, she may be able to come to the US on an H-1B visa because under the law a nonimmigrant in H-1B visa status may have "dual intent," that is, she may also have the intention to immigrate to the US.

This is the reply I got from my Lawyer. But the problem H1B can be rejected either by INS or while she goes for stamping to the local embassy. So we are screwed, If I don't find an workable option I will move out of US.
 
Originally posted by bkarth
Do you guys know where and how to appy for Re-entry permit (I-131) to the local INS??

This is the reply from my lawyer about how to bring my wife to US after filing I-130.

If you file an I-130 petition for your wife, then she cannot come to
the US as a nonimmigrant visitor, student etc, as she has indicated her intention to immigrate by your filing the I-130 petition on her behalf.

But If she is qualified and has a company who has filed and has received an approval of an H-1B petition on your wife's behalf, she may be able to come to the US on an H-1B visa because under the law a nonimmigrant in H-1B visa status may have "dual intent," that is, she may also have the intention to immigrate to the US.

This is the reply I got from my Lawyer. But the problem H1B can be rejected either by INS or while she goes for stamping to the local embassy. So we are screwed, If I don't find an workable option I will move out of US.
Click to expand...

Actually, H1 or L1 are the best options to come and live with the spouse in the US and H1 or L1 cannot be rejected solely because of immigrant intent.
 
nkm-oct23 is right. Absence of any passage for extension of V visa provisions, the only alternatives are the H-1/L-1 visas which do not require non-immigrant intent ( your lawyer is incorrect in stating that your spouse will be rejected for H-1/L-1 visa). However, the consulate will reject most other common visas such as F-1 or B-1 which do require non-immigrant intent.
 
Originally posted by rhegde
I am in the same situation like yours ( may be several others). Iam looking at avenues to bring my fiancee over to US, but nothing worked out for me so far unfortunately.

However, regarding your question about re-entry permit:

You can apply for re-entry permit before you leave US. Make sure that the timestamp is before u depart USA. It takes like 3-4 months may be to get the permit. But you need not be in US while the permit is getting processed. The important thing is the application has to be sent before you depart US.

The re-entry permit is given for a max period of 2 years. If you give genuine reason , they can give you the max period of 2 years.

-Rajesh
Click to expand...
It takes a year to process the re-entry permit not 3-4 months
 
Wow, ONE YEAR! that is really long time to process just I-131, Re-entry permit.

How long do I need to be in US to maintain my Green Card in a year? Can I stay outside of US for 4 to 5 months and stay here for few months?

After I file I-130 for my wife, can she come here on Student Visa? My Fiance has only few years of experience, whats going on right now with all H1 and L1 visa I am not she will get H1B.

Does anyone knows any chages has been made to V visa requirements? I know I have too may questions here, I guess If you get your Green Card before your marriage it really screws your life pretty bad. :(
 
How long do I need to be in US to maintain my Green Card in a year? Can I stay outside of US for 4 to 5 months and stay here for few months?
YOU NEED TO MAKE USA YOUR PERMANENT RESIDENCE. You also need to demonstrate that you have not abandoned US as your residence. Staying out for 4-5 months and returning just for a few months will not fly with BCIS and you can be denied entry.

After I file I-130 for my wife, can she come here on Student Visa? My Fiance has only few years of experience, whats going on right now with all H1 and L1 visa I am not she will get H1B.
No. I-130 filing indicates that she intends to immigrate. Intending immigrants do not qualify for F1 visa. Only qualifying visas are H1 and L1.

Does anyone knows any chages has been made to V visa requirements? I know I have too may questions here, I guess If you get your Green Card before your marriage it really screws your life pretty bad.
V visa is for spouse of an LPR who is the principal beneficiary of a family-based petition (Form I-130) which was filed prior to December 21, 2000, and has been pending for at least three years.
 
Green Card Options for your Wife.

Originally posted by rhegde
waiting4gc2002,
I donno which Country u are from...but yes i definitely understand ur pain. I have been trying since last one year to get my fiancee over here....but nothing worked for me.
By the way, regarding the re-entry permit: My suggestion is that u get one even if u plannig to leave US for more than 6 months.Thats in case u plan to go for citizenship in the future. Your absence for more than 6 mnths from US will be questioned during ur citizenship interview. In one case, a person's application for citizenship was denied since she was outside of US for 10 mnths.

Good Luck.

Btw if u come across some means on how to get ur wife to US, do share it with me. If i find some avenues...will let u know too.

-Rajesh
Click to expand...

Hi Rajesh,

I spoke to my Lawyer and she told me, There are two ways I can bring my wife into this country

1. L1
2. H1B

I asked her can we file H1B after filing I-130 for my wife.

Please read her response .. Did you find any otherway to bring her into this country?

Karthik:

Someone who is in H-1B nonimmigrant visa status is allowed to have
"dual intent," that is the intention to become a US permanent resident. So
if you file an I-130 petition for your wife and then an H-1B petition
is approved on her behalf, the filing of the I-130 petition should not
bar H-1B visa issuance by the US Consulate.

Regards,

Janet

Let me know.

Thanks a lot,
Karthik
 
Is re-entry permit a multiple entry document ? If it is valid for 2 years can I come back after 1 year go out again and then come back before the end of 2nd year or will I have to file another re-entry permit ?
 
Re: Green Card Options for your Wife.

A problem with re-entry permit is that the period you live outside does not count towards meeting the citizenship criteria of physical presence of 2.5 years within USA.
 
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