shirleyb

I am a US citizen and my husband has his US green card. He is currently on assignment in the UK on a contract job. We have been out of the US for almost 11 months. We are planning to return in two weeks' time for a short visit and then head back to UK again for another 6 months while he finishes out his contract. After that, we will be back living in the US permanently.

I know he is allowed to be out of the country for less than 1 year without any problems. I currently have a UK spouse visa and my son has both British and US passports so we won't have any problems.

When we return at the end of his contract, do you forsee any problems when we go through US immigration? We have filed our US taxes, currently paying our US mortgage, and kept our US bank accounts active to show proof we are not abandoning our house in the States.

Question 1: Do you think there will be a problem if he doesn't get a reentry permit?

Question 2: We already have a return leg from UK to US that we will be flying back on but we were contemplating about buying a new roundtrip ticket from UK to US because we need to come back here for another 6 months. Will this cause problems with abandonment when we enter into the US if the roundtrip ticket shows that we will be headed back to UK?

Thanks.

crg

"I know he is allowed to be out of the country for less than 1 year without any problems. "

That's a myth.

Question 1: Do you think there will be a problem if he doesn't get a reentry permit?"

Not in your case based on what you're saying about the mortgage, taxes etc.

"Question 2: We already have a return leg from UK to US that we will be flying back on but we were contemplating about buying a new roundtrip ticket from UK to US because we need to come back here for another 6 months. Will this cause problems with abandonment when we enter into the US if the roundtrip ticket shows that we will be headed back to UK?"

It could cause concern, but there is no specific regulation about the ticket aspect. The decision will be based on the totality of circumstances. It all depends on what they think about the other evidence that you have.

ian-mstm

I agree, it's a myth. She probably meant to say that she knows that his green card is a valid reentry document for up to one year - which, as we all know, is a *lot* different than coming back "without any problems".

Ian

shirleyb

I know it's a myth too because it really depends on the immigration officer that will be grilling us when we arrive :-). I somehow suspect there might be a problem because the officer might ask us why he didn't naturalize or get a reentry permit and then proceed with questioning why we were gone for almost a year and what are plans are going to be. I guess all we can do is have all the supporting docs with us when we travel to the U.S.

Is there any reason why they would not allow my husband entry to the US when we arrive in May if we tell them we are planning to be in the UK for another 6 months? We wouldn't need a reentry permit for the extra 6 months stay in the UK, is this correct?

crg

Unless he signs a Form I-407 (do not do this in your case) or is a suspected terrorist, they have to let him in. Even if they think he has abandoned his LPR status they will let him in long enough to see the Immigration Judge.

A reentry permit is to be away from an established residence for more than one year, but less than two. It's a common misconception that someone can move out lock, stock, and barrel and that a reentry permit will protect their LPR status. Even some of the border officers will mistakenly recommend the reentry permit to someone who has moved out of the US.

You're temporarily away from an established residence for work purpose. You did not plan to abandon your residence when you left, that's why you still have the home in the US. If you can establish that fact to them with the tax, home, mortgage, work information, they should not set you up to see a judge.

The fact that he is still married to a USC would make a notice to appear a waste of time anyway in this case because he still qualified to apply for the status again even if they took it. Also, being away one year is not the most egregious case.

ian-mstm

If you can at all avoid it, I wouldn't even mention returning to the UK. You are not obligated to volunteer information not specifically asked for.


All else being equal, yes.

Ian