I'm looking for advice on my current situation.
I am a GC holder since June 04, my wife also gained her green card as part of the same employment based process. In Jan 10 My wife became a naturalized citizen.
Here's where things get tricky.
I think I have may misunderstood the GC rules (or at least been overly optimistic in my interpretation) for re-admittance. In October last year we left to live in Spain for a while. My wife is working in a European team for an Large American company but is still contracted/employed through the San Francisco office, I have not worked while in Spain.
We returned to the US for 10 days in April, to get 2010 taxes filed, and some social visits with friends, then returned to Spain.
I have just noticed the Border guard at SFO wrote '5mos' on my 'ARC/class until' stamp for the march 31st arrival (last entry). I read in other threads this increases the chance for extra scrutiny.
My plan was to return to the US before Fri Oct 7th (180days since last departure) with my wife ,she would be staying for a week, myself likely a month or two to get a Re-entry permit application initiated past fingerprinting.
I am not so much concerned with continuous residence for naturalization, but am concerned that I may have issues returning.
some relevant info...
Married to naturalized US Citizen
No physical residence in the states (we were renting prior to leaving) however all bank and saving accounts remained, I have maintained - a mail address via a service, a US telephone number, a US health insurance, a storage unit for property/belongings. (all requiring considerable expense to maintain my US presence)
No employment while abroad (for me).
total time out of US is less than 1 year in two trips of both (just) less than 6months.
If i didn't return now (and try for a RP) , and instead waited until my wife returns permanently in about 1 year would an SB-1 application be all that is needed to return at that point?, or would the only option be to reapply for status perhaps as a spouse of a US citizen.
If I do go back and get pulled aside for extra inspection (as my passport '5mos' may indicate is likely) what supporting documentation should I have to minimize the chance of a refusal of entry.
thanks.
I am a GC holder since June 04, my wife also gained her green card as part of the same employment based process. In Jan 10 My wife became a naturalized citizen.
Here's where things get tricky.
I think I have may misunderstood the GC rules (or at least been overly optimistic in my interpretation) for re-admittance. In October last year we left to live in Spain for a while. My wife is working in a European team for an Large American company but is still contracted/employed through the San Francisco office, I have not worked while in Spain.
We returned to the US for 10 days in April, to get 2010 taxes filed, and some social visits with friends, then returned to Spain.
I have just noticed the Border guard at SFO wrote '5mos' on my 'ARC/class until' stamp for the march 31st arrival (last entry). I read in other threads this increases the chance for extra scrutiny.
My plan was to return to the US before Fri Oct 7th (180days since last departure) with my wife ,she would be staying for a week, myself likely a month or two to get a Re-entry permit application initiated past fingerprinting.
I am not so much concerned with continuous residence for naturalization, but am concerned that I may have issues returning.
some relevant info...
Married to naturalized US Citizen
No physical residence in the states (we were renting prior to leaving) however all bank and saving accounts remained, I have maintained - a mail address via a service, a US telephone number, a US health insurance, a storage unit for property/belongings. (all requiring considerable expense to maintain my US presence)
No employment while abroad (for me).
total time out of US is less than 1 year in two trips of both (just) less than 6months.
If i didn't return now (and try for a RP) , and instead waited until my wife returns permanently in about 1 year would an SB-1 application be all that is needed to return at that point?, or would the only option be to reapply for status perhaps as a spouse of a US citizen.
If I do go back and get pulled aside for extra inspection (as my passport '5mos' may indicate is likely) what supporting documentation should I have to minimize the chance of a refusal of entry.
thanks.