abandonment?
May 5th 2002, 10:40 pm
#1
Guest
Posts: n/a
abandonment?
Hello. My wife and I(from Thailand) got married about 2 years ago on the k1. We just
filed the I-751 and got the '1 year extension' to the greencard letter from the INS.
We just came to the US for a family visit(1 week) and had to go to secondary
inspection in LAX. My wife has been out of the US for 10 months. The INS officer told
us to be careful about staying outside the US for extended periods, and said he would
put a note in our file for all the INS POE's to see that said she was outside the US
for 10 months, and also under her entry stamp he wrote 'out 10 months'. He was very
rude, and said things like 'We give green cards out, and take them away just as
easy'. etc.
I am working for a large US company on assignment in Japan. I want to keep working
here but do not want to screw up her greencard. What can we do to avoid abandonment?
We are already filing taxes in the US. Will a rentry permit help?
Any real experience in this would be useful? Also, if she is found to have
'abandonment', does this prevent her from later getting a green card via direct
filing with an overseas consulate? Thanks
filed the I-751 and got the '1 year extension' to the greencard letter from the INS.
We just came to the US for a family visit(1 week) and had to go to secondary
inspection in LAX. My wife has been out of the US for 10 months. The INS officer told
us to be careful about staying outside the US for extended periods, and said he would
put a note in our file for all the INS POE's to see that said she was outside the US
for 10 months, and also under her entry stamp he wrote 'out 10 months'. He was very
rude, and said things like 'We give green cards out, and take them away just as
easy'. etc.
I am working for a large US company on assignment in Japan. I want to keep working
here but do not want to screw up her greencard. What can we do to avoid abandonment?
We are already filing taxes in the US. Will a rentry permit help?
Any real experience in this would be useful? Also, if she is found to have
'abandonment', does this prevent her from later getting a green card via direct
filing with an overseas consulate? Thanks
May 5th 2002, 10:40 pm
#2
Guest
Posts: n/a
Re: abandonment?
A reentry permit may not be sufficient if she has no residence in the US Before your
assignment to Japan, you should have looked into getting her expedited
naturalization. This has to be applied for from the US and is for spouses of citizens
who are assigned overseas by their employers. If she loses PR status, it should not
hurt her in the future if she tried to get PR status again. However, being from
Thailand, losing PR status may make it difficult for her to enter on B-2 status.
Mike M wrote:
>
> Hello. My wife and I(from Thailand) got married about 2 years ago on the k1. We
> just filed the I-751 and got the '1 year extension' to the greencard letter from
> the INS.
>
> We just came to the US for a family visit(1 week) and had to go to secondary
> inspection in LAX. My wife has been out of the US for 10 months. The INS officer
> told us to be careful about staying outside the US for extended periods, and said
> he would put a note in our file for all the INS POE's to see that said she was
> outside the US for 10 months, and also under her entry stamp he wrote 'out 10
> months'. He was very rude, and said things like 'We give green cards out, and take
> them away just as easy'. etc.
>
> I am working for a large US company on assignment in Japan. I want to keep working
> here but do not want to screw up her greencard. What can we do to avoid
> abandonment? We are already filing taxes in the US. Will a rentry permit help?
>
> Any real experience in this would be useful? Also, if she is found to have
> 'abandonment', does this prevent her from later getting a green card via direct
> filing with an overseas consulate? Thanks
assignment to Japan, you should have looked into getting her expedited
naturalization. This has to be applied for from the US and is for spouses of citizens
who are assigned overseas by their employers. If she loses PR status, it should not
hurt her in the future if she tried to get PR status again. However, being from
Thailand, losing PR status may make it difficult for her to enter on B-2 status.
Mike M wrote:
>
> Hello. My wife and I(from Thailand) got married about 2 years ago on the k1. We
> just filed the I-751 and got the '1 year extension' to the greencard letter from
> the INS.
>
> We just came to the US for a family visit(1 week) and had to go to secondary
> inspection in LAX. My wife has been out of the US for 10 months. The INS officer
> told us to be careful about staying outside the US for extended periods, and said
> he would put a note in our file for all the INS POE's to see that said she was
> outside the US for 10 months, and also under her entry stamp he wrote 'out 10
> months'. He was very rude, and said things like 'We give green cards out, and take
> them away just as easy'. etc.
>
> I am working for a large US company on assignment in Japan. I want to keep working
> here but do not want to screw up her greencard. What can we do to avoid
> abandonment? We are already filing taxes in the US. Will a rentry permit help?
>
> Any real experience in this would be useful? Also, if she is found to have
> 'abandonment', does this prevent her from later getting a green card via direct
> filing with an overseas consulate? Thanks
May 6th 2002, 12:40 am
#3
Concierge
Joined: Apr 2001
Posts: 46,402
Re: abandonment?
Perhaps I am wrong, but I thought that if the USC spouse was working outside of the country and the foreign spouse with PR status obtained a re-entry permit, there is no abandonment of status. This is based on the fact that a spouse normally will follow a spouse when they are assigned to work outside of the US.
Check with an AILA attorney. The examiner was rude, yes, but within the boundaries when you consider that if she were out of the country for a year without the re-entry permit, her status might well have been considered abandoned.
Rita
Check with an AILA attorney. The examiner was rude, yes, but within the boundaries when you consider that if she were out of the country for a year without the re-entry permit, her status might well have been considered abandoned.
Rita
May 6th 2002, 2:10 am
#4
Guest
Posts: n/a
Re: abandonment?
Rete wrote:
>
> Perhaps I am wrong, but I thought that if the USC spouse was working outside of the
> country and the foreign spouse with PR status obtained a re-entry permit, there is
> no abandonment of status. This is based on the fact that a spouse normally will
> follow a spouse when they are assigned to work outside of the US.
It sounds like they don't have a residence in the US. Simply filing a tax return is
not enough. Additionally a reentry permit is supposed to be applied for BEFORE you
leave the US.
>
> Check with an AILA attorney. The examiner was rude, yes, but within the boundaries
> when you consider that if she were out of the country for a year without the
> re-entry permit, her status might well have been considered abandoned.
You can be considered to abandoned your status in less than a year. 6 months is
usually the "safe" period.
>
> Perhaps I am wrong, but I thought that if the USC spouse was working outside of the
> country and the foreign spouse with PR status obtained a re-entry permit, there is
> no abandonment of status. This is based on the fact that a spouse normally will
> follow a spouse when they are assigned to work outside of the US.
It sounds like they don't have a residence in the US. Simply filing a tax return is
not enough. Additionally a reentry permit is supposed to be applied for BEFORE you
leave the US.
>
> Check with an AILA attorney. The examiner was rude, yes, but within the boundaries
> when you consider that if she were out of the country for a year without the
> re-entry permit, her status might well have been considered abandoned.
You can be considered to abandoned your status in less than a year. 6 months is
usually the "safe" period.
May 6th 2002, 9:10 am
#5
Guest
Posts: n/a
Re: abandonment?
Mike M wrote:
> Hello. My wife and I(from Thailand) got married about 2 years ago on the k1. We
> just filed the I-751 and got the '1 year extension' to the greencard letter from
> the INS.
>
> We just came to the US for a family visit(1 week) and had to go to secondary
> inspection in LAX. My wife has been out of the US for 10 months. The INS officer
> told us to be careful about staying outside the US for extended periods, and said
> he would put a note in our file for all the INS POE's to see that said she was
> outside the US for 10 months, and also under her entry stamp he wrote 'out 10
> months'. He was very rude, and said things like 'We give green cards out, and take
> them away just as easy'. etc.
>
> I am working for a large US company on assignment in Japan. I want to keep working
> here but do not want to screw up her greencard. What can we do to avoid
> abandonment? We are already filing taxes in the US. Will a rentry permit help?
>
> Any real experience in this would be useful? Also, if she is found to have
> 'abandonment', does this prevent her from later getting a green card via direct
> filing with an overseas consulate? Thanks
Abandonment would not prevent her from getting a spouse visa, if you later applied in
Japan. If she is not living in the US (ie, does not have a US address), then she can
truly lose the green card. The card is for **residents of the US**. If you are going
to be in Japan for a while before returning to the US to live, suggest you merely
file for an I-130 for her at the consulate in Tokyo about six months before you
anticipate coming back to the US, and when she enters the US on that visa, she will
be UNconditional resident. (due to being married over two years). Bear in mind, in
order to get that visa, she will have to have all pertinent police records, including
her country of origin and Japan. Also, I do not know what requirements (if any) she
may have from Japan in order to stay in Japan with you, until that time.
Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
> Hello. My wife and I(from Thailand) got married about 2 years ago on the k1. We
> just filed the I-751 and got the '1 year extension' to the greencard letter from
> the INS.
>
> We just came to the US for a family visit(1 week) and had to go to secondary
> inspection in LAX. My wife has been out of the US for 10 months. The INS officer
> told us to be careful about staying outside the US for extended periods, and said
> he would put a note in our file for all the INS POE's to see that said she was
> outside the US for 10 months, and also under her entry stamp he wrote 'out 10
> months'. He was very rude, and said things like 'We give green cards out, and take
> them away just as easy'. etc.
>
> I am working for a large US company on assignment in Japan. I want to keep working
> here but do not want to screw up her greencard. What can we do to avoid
> abandonment? We are already filing taxes in the US. Will a rentry permit help?
>
> Any real experience in this would be useful? Also, if she is found to have
> 'abandonment', does this prevent her from later getting a green card via direct
> filing with an overseas consulate? Thanks
Abandonment would not prevent her from getting a spouse visa, if you later applied in
Japan. If she is not living in the US (ie, does not have a US address), then she can
truly lose the green card. The card is for **residents of the US**. If you are going
to be in Japan for a while before returning to the US to live, suggest you merely
file for an I-130 for her at the consulate in Tokyo about six months before you
anticipate coming back to the US, and when she enters the US on that visa, she will
be UNconditional resident. (due to being married over two years). Bear in mind, in
order to get that visa, she will have to have all pertinent police records, including
her country of origin and Japan. Also, I do not know what requirements (if any) she
may have from Japan in order to stay in Japan with you, until that time.
Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
May 6th 2002, 12:40 pm
#6
Guest
Posts: n/a
Re: abandonment?
Ok, thanks. So I guess the worst that could happen if the INS determines 'abandonment
of status' is we would have to file directly at the overseas consulate and start this
over again. I assume she will not be 'banned' from the US for 2 or 5 years or
anything like this if the INS finds her to have abanded her status.
mrtravel <[email protected]> wrote in message
news:<[email protected]>...
> Rete wrote:
> >
> > Perhaps I am wrong, but I thought that if the USC spouse was working outside of
> > the country and the foreign spouse with PR status obtained a re-entry permit,
> > there is no abandonment of status. This is based on the fact that a spouse
> > normally will follow a spouse when they are assigned to work outside of the US.
>
> It sounds like they don't have a residence in the US. Simply filing a tax return is
> not enough. Additionally a reentry permit is supposed to be applied for BEFORE you
> leave the US.
>
> >
> > Check with an AILA attorney. The examiner was rude, yes, but within the
> > boundaries when you consider that if she were out of the country for a year
> > without the re-entry permit, her status might well have been considered
> > abandoned.
>
> You can be considered to abandoned your status in less than a year. 6 months is
> usually the "safe" period.
of status' is we would have to file directly at the overseas consulate and start this
over again. I assume she will not be 'banned' from the US for 2 or 5 years or
anything like this if the INS finds her to have abanded her status.
mrtravel <[email protected]> wrote in message
news:<[email protected]>...
> Rete wrote:
> >
> > Perhaps I am wrong, but I thought that if the USC spouse was working outside of
> > the country and the foreign spouse with PR status obtained a re-entry permit,
> > there is no abandonment of status. This is based on the fact that a spouse
> > normally will follow a spouse when they are assigned to work outside of the US.
>
> It sounds like they don't have a residence in the US. Simply filing a tax return is
> not enough. Additionally a reentry permit is supposed to be applied for BEFORE you
> leave the US.
>
> >
> > Check with an AILA attorney. The examiner was rude, yes, but within the
> > boundaries when you consider that if she were out of the country for a year
> > without the re-entry permit, her status might well have been considered
> > abandoned.
>
> You can be considered to abandoned your status in less than a year. 6 months is
> usually the "safe" period.
May 6th 2002, 12:40 pm
#7
Guest
Posts: n/a
Re: abandonment?
Mike M wrote:
> Ok, thanks. So I guess the worst that could happen if the INS determines
> 'abandonment of status' is we would have to file directly at the overseas consulate
> and start this over again. I assume she will not be 'banned' from the US for 2 or 5
> years or anything like this if the INS finds her to have abanded her status.
>
Abandonment of her status is not a cause for future rejections, presuming that she
was not out of status for a period over 179 days while in the US. Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
> Ok, thanks. So I guess the worst that could happen if the INS determines
> 'abandonment of status' is we would have to file directly at the overseas consulate
> and start this over again. I assume she will not be 'banned' from the US for 2 or 5
> years or anything like this if the INS finds her to have abanded her status.
>
Abandonment of her status is not a cause for future rejections, presuming that she
was not out of status for a period over 179 days while in the US. Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
May 6th 2002, 4:10 pm
#8
Guest
Posts: n/a
Re: abandonment?
Mike M wrote:
> Ok, thanks. So I guess the worst that could happen if the INS determines
> 'abandonment of status' is we would have to file directly at the overseas consulate
> and start this over again.
Of course you would want to know they consider it abandoned ahead of time. You don't
want to fly into the US and find out at the POE that she needs a B2 to get in.
> Ok, thanks. So I guess the worst that could happen if the INS determines
> 'abandonment of status' is we would have to file directly at the overseas consulate
> and start this over again.
Of course you would want to know they consider it abandoned ahead of time. You don't
want to fly into the US and find out at the POE that she needs a B2 to get in.
May 6th 2002, 5:29 pm
#9
Concierge
Joined: Apr 2001
Posts: 46,402
Re: abandonment?
There is something really really wrong here. On the other NGs re US Immigration, people post that their mothers, fathers, wives, etc. have been out of the country for 11 months and have re-entered the US on a re-enty permit without their green card being abandoned.
In fact in my previous law firm, one of the attorneys had to go to bat for a friend of hers who left the US (PR Status) to attend a funeral in Israel. She remained outside of the US for 13 months. She had not applied for a re-entry permit either here or at the US Consulate. Ninette did prevail in having the NYC INS issue a re-entry permit for this woman to return to the US and retain her PR status. BTW she had given up her apartment the third month after being outside of the US.
I would really like to see the take on this by a legitimate immigration attorney. It can clearly be argued that she has not abandoned her status by joining her husband who is employed overseas, by a US Company no less. If their intention is clearly to return to the US at the end of his contract, then what has she abandoned?
Rita
In fact in my previous law firm, one of the attorneys had to go to bat for a friend of hers who left the US (PR Status) to attend a funeral in Israel. She remained outside of the US for 13 months. She had not applied for a re-entry permit either here or at the US Consulate. Ninette did prevail in having the NYC INS issue a re-entry permit for this woman to return to the US and retain her PR status. BTW she had given up her apartment the third month after being outside of the US.
I would really like to see the take on this by a legitimate immigration attorney. It can clearly be argued that she has not abandoned her status by joining her husband who is employed overseas, by a US Company no less. If their intention is clearly to return to the US at the end of his contract, then what has she abandoned?
Rita
May 7th 2002, 12:40 am
#10
Guest
Posts: n/a
Re: abandonment?
I agree something is wrong. If my wife stayed in the US while I was in Japan, then
the INS might think we are committing marriage fraud when filing the I-751. So what
am I supposed to do. Anyway, I am going to talk to an attorney
Rete <[email protected]> wrote in message
news:<[email protected]>...
> There is something really really wrong here. On the other NGs re US Immigration,
> people post that their mothers, fathers, wives, etc. have been out of the country
> for 11 months and have re-entered the US on a re-enty permit without their green
> card being abandoned.
>
> In fact in my previous law firm, one of the attorneys had to go to bat for a friend
> of hers who left the US (PR Status) to attend a funeral in Israel. She remained
> outside of the US for 13 months. She had not applied for a re-entry permit either
> here or at the US Consulate. Ninette did prevail in having the NYC INS issue a
> re-entry permit for this woman to return to the US and retain her PR status. BTW
> she had given up her apartment the third month after being outside of the US.
>
> I would really like to see the take on this by a legitimate immigration attorney.
> It can clearly be argued that she has not abandoned her status by joining her
> husband who is employed overseas, by a US Company no less. If their intention is
> clearly to return to the US at the end of his contract, then what has she
> abandoned?
>
> Rita
the INS might think we are committing marriage fraud when filing the I-751. So what
am I supposed to do. Anyway, I am going to talk to an attorney
Rete <[email protected]> wrote in message
news:<[email protected]>...
> There is something really really wrong here. On the other NGs re US Immigration,
> people post that their mothers, fathers, wives, etc. have been out of the country
> for 11 months and have re-entered the US on a re-enty permit without their green
> card being abandoned.
>
> In fact in my previous law firm, one of the attorneys had to go to bat for a friend
> of hers who left the US (PR Status) to attend a funeral in Israel. She remained
> outside of the US for 13 months. She had not applied for a re-entry permit either
> here or at the US Consulate. Ninette did prevail in having the NYC INS issue a
> re-entry permit for this woman to return to the US and retain her PR status. BTW
> she had given up her apartment the third month after being outside of the US.
>
> I would really like to see the take on this by a legitimate immigration attorney.
> It can clearly be argued that she has not abandoned her status by joining her
> husband who is employed overseas, by a US Company no less. If their intention is
> clearly to return to the US at the end of his contract, then what has she
> abandoned?
>
> Rita
May 7th 2002, 1:10 am
#11
Guest
Posts: n/a
Re: abandonment?
Mike M wrote:
>
> I agree something is wrong. If my wife stayed in the US while I was in Japan, then
> the INS might think we are committing marriage fraud when filing the I-751. So what
> am I supposed to do. Anyway, I am going to talk to an attorney
Your wife wouldn't need to stay in the US. She might have been able to get expedited
naturalization based on your need to work out of the US.
>
> I agree something is wrong. If my wife stayed in the US while I was in Japan, then
> the INS might think we are committing marriage fraud when filing the I-751. So what
> am I supposed to do. Anyway, I am going to talk to an attorney
Your wife wouldn't need to stay in the US. She might have been able to get expedited
naturalization based on your need to work out of the US.
May 7th 2002, 11:40 am
#12
Guest
Posts: n/a
Re: abandonment?
Michael Voight <[email protected]> wrote in message
news:<[email protected]>...
> Mike M wrote:
> >
> > I agree something is wrong. If my wife stayed in the US while I was in Japan,
> > then the INS might think we are committing marriage fraud when filing the I-751.
> > So what am I supposed to do. Anyway, I am going to talk to an attorney
>
> Your wife wouldn't need to stay in the US. She might have been able to get
> expedited naturalization based on your need to work out of the US.
What makes you think it is too late now?
news:<[email protected]>...
> Mike M wrote:
> >
> > I agree something is wrong. If my wife stayed in the US while I was in Japan,
> > then the INS might think we are committing marriage fraud when filing the I-751.
> > So what am I supposed to do. Anyway, I am going to talk to an attorney
>
> Your wife wouldn't need to stay in the US. She might have been able to get
> expedited naturalization based on your need to work out of the US.
What makes you think it is too late now?
May 7th 2002, 6:10 pm
#13
Guest
Posts: n/a
Re: abandonment?
Mike M wrote:
>
> Michael Voight <[email protected]> wrote in message
> news:<[email protected]>...
> > Mike M wrote:
> > >
> > > I agree something is wrong. If my wife stayed in the US while I was in Japan,
> > > then the INS might think we are committing marriage fraud when filing the
> > > I-751. So what am I supposed to do. Anyway, I am going to talk to an attorney
> >
> > Your wife wouldn't need to stay in the US. She might have been able to get
> > expedited naturalization based on your need to work out of the US.
>
> What makes you think it is too late now?
I didn't say it was too late, I don't know. The information I had indicate d that it
was to be filed while she was still in the US.
>
> Michael Voight <[email protected]> wrote in message
> news:<[email protected]>...
> > Mike M wrote:
> > >
> > > I agree something is wrong. If my wife stayed in the US while I was in Japan,
> > > then the INS might think we are committing marriage fraud when filing the
> > > I-751. So what am I supposed to do. Anyway, I am going to talk to an attorney
> >
> > Your wife wouldn't need to stay in the US. She might have been able to get
> > expedited naturalization based on your need to work out of the US.
>
> What makes you think it is too late now?
I didn't say it was too late, I don't know. The information I had indicate d that it
was to be filed while she was still in the US.
