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Complicated case.

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Old Mar 22nd 2004, 8:13 pm
  #1  
Isabel Zandarin
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Default Complicated case.

Hi Everyone!

I have a friend from Ukrania who is being married to an USC for 3
years. She already has the famous brown envelope. The problem is that
my Friend who lives in France with her American husband is going to
the USA to live with her in-laws and wait for her green card. A lawyer
in Virginia has baddly advised them. All she needed was a B-1 turist
visa. This woman lawyer wanted money and advised them to get all the
paper work done as they were going to move back to the USA from
France. Now My friend and her hubby are going to the USA to meet her
in-laws. She does not know about all the trouble she can gat into. I
think she has to stay in the USA. Her husband will stay with her until
she gets her Green C. I suggested that she needs to stay and work in
the USA. She just wanted to wait for her GC and then leave the USA,
coming back to France where she lives.

Any HELP is highly appreciated... I hope I was brief but accurate.
Maybe not...

Isabel
 
Old Mar 23rd 2004, 3:30 am
  #2  
Mtravelkay
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Default Re: Complicated case.

Isabel Zandarin wrote:

    > Hi Everyone!
    >
    > I have a friend from Ukrania who is being married to an USC for 3
    > years. She already has the famous brown envelope. The problem is that
    > my Friend who lives in France with her American husband is going to
    > the USA to live with her in-laws and wait for her green card. A lawyer
    > in Virginia has baddly advised them. All she needed was a B-1 turist
    > visa.

This is confusing. She said she has the "famous brown envelope" and then
you say all she needed was a B-1? BTW, B-2 is the tourist visa. B-1 is
the Businees Visa. If she wants a green card, then she needs an
immigration visa.


This woman lawyer wanted money and advised them to get all the
    > paper work done as they were going to move back to the USA from
    > France.

Ok, it sounds like the lawyer was correct..

Now My friend and her hubby are going to the USA to meet her
    > in-laws. She does not know about all the trouble she can gat into. I
    > think she has to stay in the USA. Her husband will stay with her until
    > she gets her Green C. I suggested that she needs to stay and work in
    > the USA. She just wanted to wait for her GC and then leave the USA,
    > coming back to France where she lives.

In order to keep the green card, she is expected to live in the US.
 
Old Mar 24th 2004, 4:05 am
  #3  
Isabel Zandarin
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Posts: n/a
Default Re: Complicated case.

She plans to live in The USA (after she gets her GC) for about 4
months. And then she wants to live in France. I think she'll lose her
GC. The biggest problem is that her hubby does not want to deal with
all this. He has a good job in France, I think he has no intentions of
living in the US (near future) My friend is very stressed out about
this. She says that once she is in American soil she'll live with her
in-lwas. I don't know much about this. If someone can answer me about
this I will appreciate. I know there are Green Card holders living
outside of the US. And go back before the first year of foreing
residency is reach.

Any in put is highly appreciated.

ISabel








mtravelkay <[email protected]> wrote in message news:<[email protected] om>...
    > Isabel Zandarin wrote:
    >
    > > Hi Everyone!
    > >
    > > I have a friend from Ukrania who is being married to an USC for 3
    > > years. She already has the famous brown envelope. The problem is that
    > > my Friend who lives in France with her American husband is going to
    > > the USA to live with her in-laws and wait for her green card. A lawyer
    > > in Virginia has baddly advised them. All she needed was a B-1 turist
    > > visa.
    >
    > This is confusing. She said she has the "famous brown envelope" and then
    > you say all she needed was a B-1? BTW, B-2 is the tourist visa. B-1 is
    > the Businees Visa. If she wants a green card, then she needs an
    > immigration visa.
    >
    >
    > This woman lawyer wanted money and advised them to get all the
    > > paper work done as they were going to move back to the USA from
    > > France.
    >
    > Ok, it sounds like the lawyer was correct..
    >
    > Now My friend and her hubby are going to the USA to meet her
    > > in-laws. She does not know about all the trouble she can gat into. I
    > > think she has to stay in the USA. Her husband will stay with her until
    > > she gets her Green C. I suggested that she needs to stay and work in
    > > the USA. She just wanted to wait for her GC and then leave the USA,
    > > coming back to France where she lives.
    >
    > In order to keep the green card, she is expected to live in the US.
 
Old Mar 24th 2004, 8:07 am
  #4  
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Default Re: Complicated case.

Originally posted by Isabel Zandarin
And then she wants to live in France….

I think she'll lose her GC….

I know there are Green Card holders living outside of the US. And go back before the first year of foreing residency is reach.
I don't know what you mean by, "foreing residency is reach", however I believe you are touching on the issue of "abandonment". Greencards are generally given for someone to live and work in the U.S., not to live and work abroad with an easy way back into the U.S., perhaps sometime in the future, when the mood strikes them.

It is a common misconception that all one needs to do is return to the U.S. once a year for a few days in order to keep one's greencard. Sure, one might get away with that a time or two, but eventually actions will speak louder than words, and the danger is that the USCIS will determine that one abandoned their permanent (or conditional) resident status.

But losing one's greencard (LPR or CLPR status) might not be that big of a deal. If she's still married to her U.S. hubby, perhaps they can simply petition again for an IV for her at a time when they do decide to move back to the U.S. on a permanent basis.

Have her talk to an experienced immigration attorney to have a proper evaluation made about the risk of abandonment (the attorney will need to examine a few facts first, such as the work hubby will be doing abroad, ties remaining in the U.S., ties abroad, how long will she be gone from the U.S., any early event triggering her return to U.S., etc.).

Last edited by Matthew Udall; Mar 24th 2004 at 8:11 am.
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