Returning to US after 8 month stay abroad

A

areppucci

New Member
Hello Forum!

1. My wife arrived on a K1 Visa in Feb. 2005. We got married that month and sent in our applications for her I-485 and I-131 (Advanced Parole).

2. With the I-131, my wife stated in the letter that she wanted an AP to accompany her husband while he works overseas in her home country for 8 months. In addition, she wrote that her grandmother had been sick and was recovering from cancer. Her AP was accepted and she recieved an AP that was valis for one year with multiple entries.

3. We left the US on her AP while her I-485 was being processed and made sure that a relative would get our mail at our home address in America.

4. Our relative informed us that my wife received her Permenant Resident Card (CF-1) in the mail on 12/03/2005, as we are out of the country.

5. We will be flying home to the US in May (before AP expires)-although I know the AP is invalid now anyway. As proof my wife had no intention of abandoning residency we have my wifes Green Card in our hands because our relatives visited us. We also have her AP, proof of my employment ending, as well as a copy of our 2005 tax returns, which as a direct result shows proof of residency.

6. My question has to do with our return ticket home. I have read in many discussion groups online that one who is a Permenant Resident should not return on a ticket that expires outside the US. In other words, if outside the country one should purchase a one way flight. Not round trip. However, one ways are a fortune. Is this spending necessary? The amount of money a one way costs above a round trip is approx. 2,000USD. I know that officers must do their job, but if explained wouldn't they understand considering all the facts-unless they are in bussiness with the airlines...kidding. I know that nobody can give me a 100% answer but does anyone have any advice?

Sincerely,
Anthony
 
If you are re-entering with the physical green card, you may not be subjected to much questioning. You might be asked how long you were away, which you can answer truthfully - apparently you have the facts and the supporting documentation. You will most likely not be asked to produce your airline ticket. Even if you are, your explanation is truthful and plausible - you had a return ticket because it was cheaper to purchase than a one way. Even a POE officer can understand that people want to save money.

FYI, the last time I entered through SFO (last month) on my GC, I was not even asked how long I was away. Just got a stamp in the passport, and a welcome home. It all depends on the officer.
 
areppucci said:
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5. We will be flying home to the US in May (before AP expires)-although I know the AP is invalid now anyway. As proof my wife had no intention of abandoning residency we have my wifes Green Card in our hands because our relatives visited us. We also have her AP, proof of my employment ending, as well as a copy of our 2005 tax returns, which as a direct result shows proof of residency.
Click to expand...

Even though AP is invalid, keep it handy at POE (don't show unless required or asked) to show that she did not abandon her I-485 application.


areppucci said:
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6. My question has to do with our return ticket home. I have read in many discussion groups online that one who is a Permenant Resident should not return on a ticket that expires outside the US. In other words, if outside the country one should purchase a one way flight. Not round trip. However, one ways are a fortune. Is this spending necessary?
Click to expand...

No, it's not necessary and it's not an requirement. It can give some hint to POE officer about person's intent. However, if you other documents handy and your explanation of long absence is convincing to POE officer, round-trip ticket is not a factor.
 
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