wife of us citizen, reentry question

R

remolacha

New Member
I applied for a green card in from Spain and was granted it in August 2004 based on my marriage to my American husband. We moved to the US then but for personal reasons returned to Spain in December 2004. Since then we have returned annually for 3-6 weeks during the summer plus a few other short tips, always making sure that my absence never reached one year. The first time I entered I was given a hard time by a customs agent, who said I was risking my green card by living outside the US. Since then I have entered 10 times without trouble. The entire time we have jointly filed US taxes and maintained a joint US bank account. Now my husband and I have been hired to work in the US again and we would like to return in July with our two (US citizen) daughters. I am worried that I may be refused entry for abandonment of residency. We will enter on one-way tickets with job contracts and proof that our daughters are registered to attend a US school. Should I reapply for a green card, although mine is still technically valid (it expires in sept 2014)?

Any advice much appreciated!

best
Helena
 
Good that you have maintained 'ties' with US by paying tax,bank a/c etc.How long since your last visit to US?May be like the first time you may just have a lot of answering to do at POE!
 
Unless you've become a US citizen or at least are in the process of becoming one by the time your green card expires, you'll need to apply for renewal of the green card within the 6 month period before it expires.

You won't be refused entry if you've been outside the US for less than a year on the current trip. If they want to cancel your green card for abandonment, they'll order you to see an immigration judge and you'll have the chance to present your evidence and explain yourself.
 
You must log in or register to reply here.
Top