Blobstopher

Hello all,

I've hit a major snag in my plans and need some advice.

I'm told that all military applications for foreign born recruits must go through an extended security check. This could take a year or more but may be as little as 3-6 months. My plans are completely thrown, as I am the sole source of income for my family at the moment and I was planning on a 2-3 month transition period as opposed to an open ended one!

Questions:

1. Am I correct in understanding that I can apply on an I-131 from inside the US to obtain permission to remain outside of the US for up to 2 years and re-enter on my green card?

2. Are there any additional forms other than the I-131 Application for Travel that I need to look at?

3. How long does it typically take for an I-131 to be approved or denied?

4. Can I apply for the I-131 as soon as I enter the US as an immigrant?

5. If approved, can I re-enter the US and leave again and still use the full 2 year term on my re-entry permit or do I have to apply for an I-131 each time I re-enter the US?

6. I'm aware of the domicile requirements for re-entry to disprove intent to abandon residence. Will obtain bank account, drivers licence, and credit card to assist with this. Not sure if I can afford to buy a car at this stage and renting is definitely out while I'm maintaining our lives in the UK. Is there anything else I can do?

Thanks in advance to all.

Noorah101

I'm not sure I understand your scenario. You will be entering the USA using an Immigrant Visa (based on marriage to a USC?)? If so, you will become a US PR upon entry.

If you plan to be outside the USA for up to 2 years continuously, you can use form I-131 to apply for a re- entry permit. Not many people on here apply for those, but if it's anything like the AP (same form), it might take 3 or 4 months to get in hand. But you don't need that to leave the USA, only to return, so your spouse could send it to you overseas when it arrives.

Yes, you will need to make sure you establish ties to the USA. There are never any guarantees, though...even with ties and s re-entry permit, you could be deemed as having abandoned your PR status if you are out too long. The good news is you would still be allowed in to go in front of an immigration judge who would make that final determination.

My question to you would be....why can't you stay in the USA? Why do you have to leave for so long (2+ years)?

Are you entering on a CR-1 or IR-1? If CR-1, you will have to remove conditions in a little under 2 years, and that can't be done from overseas.

Rene

Noorah101

"...while maintaining our lives in the UK"?

You won't be maintaining the whole family in the UK, as they would stay in the USA, no? If you all move back to the UK as a family, that certainly sounds like you aren't making the USA your home!

Rene

Noorah101

Yes, you can file the I-131 as soon as you arrive in the USA. You will need to stay in the USA long enough to get the associated biometrics done, probably 2 to 4 weeks. Make sure you have a stable US mailing address for USCIS to send the permit to.

Rene

Blobstopher

Hi Rene and thanks for your help.

I'm entering on IR-1. Married to USC. We both live in the UK.

I have two young children and it's not going to be easy to move without a source of income. My plan from get go was to have enough money on hand for my family to get settled (and wife to find a job) in the 2-3 months it takes me to complete basic. After that, and even during training, I would have income to support the family.

I need to find a way of passing my security checks while supporting the family. Easier from the UK than from the US. The added difficulty is that I cannot apply and go through the security checks without a green card so I've had to start the process regardless. In my defence, this security check for foreign born recruits only came into force 2 months ago according to my recruiter.

On that note, I understand that the I-131 can be delivered to an embassy abroad but the application must originate from the US. Are you familiar with this?

I'm determined to see this through. I just need to find a better way to do it to avoid disrupting my wife and & kids lives too much.

Blobstopher

This would be a big snag that I haven't really considered. I've been running on the assumption that once I stand in front of the immigration officer the 2nd time I would have my orders to attend basic. I was hoping that this coupled with the requirements for security checks at application (at least in my mind!) would justify the 1 year or more absence.

What are your thoughts? I feel like I've unintentionally entered a very vast grey area that can only be tested in practice at this point.

S Folinsky

You may want to consult with an immigration attorney. That said, most immigration attorneys are NOT well versed on the law of abandonment. You should inquire if the attorney has ever actually tried an abandonment case. They are not all that common in the scheme of things.

The two mother cases on abandonment are Matter of Kane and Matter of Huang. I advise attorneys with abandonment issues to read those cases at least three times.

BTW, the attorney most knowledgeable about the interface between immigration and military is Margaret Stock in Anchorage Alaska. She does charge consultation. She does give a degree of professional courtesy to other lawyers.

Good luck.

Noorah101

This might be a silly question, but can't you find some kind of work in the USA while waiting for the security check to clear so you can attend basic? Even if it's not an ideal job, it would be better than risking PR abandonment. It would only be temporary until you can start basic.

Once you are a PR, you need to be able to prove the USA is your permanent home. Hard to do when the whole family is living back in the UK, and you have no property or job in the USA.

I guess I have heard the Permit can be sent to an embassy. But that again just proves you don't have a US address.

I agree that you are looking at a huge grey area. Best to avoid it.

Rene

Blobstopher

I can look for work there but its not an ideal plan. I've left it as a last resort for the time being.

Agreed that the risk should be minimised to the extent possible. I need to ponder on this some more.

Blobstopher

Thank you for this, much appreciated. I'm going to study these cases and see what I can find. Cursory glance suggests that there may be a solution to my problem.

I'll get in touch with Ms. Stock if I run into problems, again thank you for the guidance.

Twinkle0927

You will be a green card holder the minute you arrive. Whilst you won’t gave the actual plastic card in your hand, you will have the legal status if permanent resident. It’s like taking a driving test - the minute the examiner tells you that you’ve passed, you’re a licensed driver. Even though the actual picture card takes a week or two to arrive.

I don’t see why you can’t take a job at Walmart or something just to put food on the table while you wait. Also, why not start applying for jobs behind you arrive (your wife also)? I applied for my job whilst still in the U.K., was interviewed by Skype and started work less than 2 weeks after arrival. You don’t need to be physically in the country to look for and apply for a job.

Blobstopher

Thanks for the advice. We've both prepared CV's, we're just hoping that we can find an easier solution so as not to move the kids around too much. It's not the best time in our lives to be doing this but it's certainly easier today than it will be a few years down the line.

Pulaski

You're planning to enlist in the US military and you are worried about moving your children around too much?

Noorah101

The kids won't be moving around. Ideally, the rest of the family would stay in the USA while you return to the UK to wrap things up.

Rene