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Staying out of the USA more than 6 months - advice needed!

Staying out of the USA more than 6 months - advice needed!

Old Dec 24th 2010, 10:20 pm
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Post Staying out of the USA more than 6 months - advice needed!

Hello!

My daughter and I went to visit family back in July - we were meant to stay two months, but as the leave date approached, several family crises kicked up and we decided we'd better stay a bit longer. Unfortunately our initial airline carrier, Icelandair, no longer flies a winter schedule to the USA, so we weren't able to re-book our return flights... We weren't even able to get a refund on the airport taxes (at the very least - the lady on the phone was ever so apologetic) so that meant we then had to save for a new ticket.

Now, I am a mom of a nearly one year old adorable daughter and I freelance. Neither I nor my family are in the least bit wealthy, so getting the seemingly enormous amount of money needed for a ticket back to the US has been difficult! Even with her on my lap it seems to be well over $1000 for a one way ticket. Blah!

Anyway, we want to try to buy tickets and finally fly back early in the new year. We'll have been out of the US for six months come January 24th (or so) though and I am slightly worried that immigration will have a cow when we get back. The very last thing I want to do is travel for a day with a one year old and then have to be interrogated on my re-entry.

I guess I am looking for personal experiences: should I try to make it back urgently before the 6 months are up, or is it not that big a deal if I overshoot and stay 'til early Feb? My sister is due with a baby niece on January 25th and naturally I'd love to meet her before we return, though of course if that's not possible we'll have to try to get back for a short trip in the summer somehow.

We have strong ties in the US - it's our home. We've been staying with my parents here (one or the other: they live in Scotland and England respectively) and I own a car in the US which I make monthly payments on, plus insurance and a cell phone that I still keep active, etc. My first daughter is buried there as well, so of course we're really anxious to return.

Opinions, please, if you would be so kind - I don't want to be accused of anything when we get back. We just want to go home really, and are just not the kind of people who have credit cards they can throw a plane ticket fare on, you know?

Thanks for reading this LONG post and for any insight in advance!
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Old Dec 24th 2010, 10:26 pm
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Default Re: Staying out of the USA more than 6 months - advice needed!

I'd try and get back before the 6 months are up if I were you.

Don't bother looking for a one-way ticket -- they're usually more expensive than a return. Just chuck the return half.
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Old Dec 24th 2010, 10:31 pm
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Default Re: Staying out of the USA more than 6 months - advice needed!

Originally Posted by fatbrit
I'd try and get back before the 6 months are up if I were you.

Don't bother looking for a one-way ticket -- they're usually more expensive than a return. Just chuck the return half.
I saw that they were more expensive - I hope they wouldn't question me as to why I bought a return. Ah well, I suppose if it did come down to that I could simply offer to cancel the return part in their presence!
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Old Dec 24th 2010, 10:35 pm
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Default Re: Staying out of the USA more than 6 months - advice needed!

Originally Posted by JayBowyer
I saw that they were more expensive - I hope they wouldn't question me as to why I bought a return. Ah well, I suppose if it did come down to that I could simply offer to cancel the return part in their presence!
If a CBP officer asks you, tell him or her because it was cheaper.
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Old Dec 24th 2010, 10:36 pm
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Default Re: Staying out of the USA more than 6 months - advice needed!

Originally Posted by fatbrit
If a CBP officer asks you, tell him or her because it was cheaper.
Lol - yep! Well it does seem to be! I simply can't afford to throw money around on tickets - wish I could, but unfortunately that's not possible. I don't have any credit cards and don't plan on getting any, so I have to live within my means lol!
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Old Dec 24th 2010, 11:25 pm
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Default Re: Staying out of the USA more than 6 months - advice needed!

I think Iceland Air has a winter schedule that flies from Iceland to the USA. Perhaps you could book a flight on a plane from Reykjavik to the USA, using your previous ticket not as a 'refund' but as a 'credit' for the new flight. Then you would just have to save (or credit card) a ticket from the UK to Reykavik.
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Old Dec 24th 2010, 11:33 pm
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Default Re: Staying out of the USA more than 6 months - advice needed!

Originally Posted by penguinsix
I think Iceland Air has a winter schedule that flies from Iceland to the USA. Perhaps you could book a flight on a plane from Reykjavik to the USA, using your previous ticket not as a 'refund' but as a 'credit' for the new flight. Then you would just have to save (or credit card) a ticket from the UK to Reykavik.
Lol - Icelandair don't fly to Minneapolis at all in the winter. I wish they did - I actually took them to MSP in January of 2004. But alas, no more. They scrapped their winter schedule a couple of years ago apparently, and now fly only between April and October...
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Old Dec 24th 2010, 11:34 pm
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Default Re: Staying out of the USA more than 6 months - advice needed!

Originally Posted by JayBowyer
Lol - Icelandair don't fly to Minneapolis at all in the winter. I wish they did - I actually took them to MSP in January of 2004. But alas, no more. They scrapped their winter schedule a couple of years ago apparently, and now fly only between April and October...
Also, I have a feeling Icelandair are the only airline carrier that fly to Iceland... I may be wrong there, but I do believe I am correct (surprised me too...)!
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Old Dec 25th 2010, 3:37 am
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Default Re: Staying out of the USA more than 6 months - advice needed!

Originally Posted by fatbrit
I'd try and get back before the 6 months are up if I were you.

Don't bother looking for a one-way ticket -- they're usually more expensive than a return. Just chuck the return half.
On the basis of your post I vote with Fatbrit.
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Old Dec 25th 2010, 3:58 am
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Default Re: Staying out of the USA more than 6 months - advice needed!

Originally Posted by JayBowyer
Lol - Icelandair don't fly to Minneapolis at all in the winter. I wish they did - I actually took them to MSP in January of 2004. But alas, no more. They scrapped their winter schedule a couple of years ago apparently, and now fly only between April and October...
There still might be an option. The only reason I ask is that I just went to the Iceland air website about a minute ago and said "Reykjavik to Minneapolis Saturday, January 01, 2011" and they had flights on the following days:

Jan 1, 2, 3
Jan 5, 6, 7

I checked a return for later in the month and they said there were flights every day in the last two weeks of the month. It might not be on Iceland Air 'metal' but on a partner carrier. You'll be flying on say a Delta plane that is code-shared as an Iceland air, or connecting through NY or Boston via another airline.

http://www.icelandair.us/

These are flights from Reykjavik and not from the UK, so you still would have to get to Iceland first, but it might be an option. I'm not sure but are there some Ryanair / cheapo flights to Iceland available? I think Iceland Express services Gatwick.

Getting a refund is like pulling teeth, but I've had pretty good luck getting a 'flight credit' for unused tickets. Not sure if that would help.

Option 2 is to take your ticket as a 'credit' and just 'top up' by returning to say JFK or Boston for a weekend, then back to London until you are done with your stuff. You will not have been outside the US > 6 months technically. There are many green card holders here in Asia who "top up" with vacations to Guam or Hawaii every few months.

Last edited by penguinsix; Dec 25th 2010 at 4:13 am.
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Old Dec 25th 2010, 4:12 am
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Default Re: Staying out of the USA more than 6 months - advice needed!

Anyway, back to your original point, I don't think you'll have that much of a problem, especially if you have a paper trail that shows a) you have continued to maintain an intent to remain in the USA by paying bills, etc and b) your time overseas was delayed due to a medical/family emergency.

The more paper you have the better your situation. If you can print out some copies of bills or statements or any notes from the hospital in the UK it will go a long way to satisfying the burden of proof requirement.

And of course, the main caveat. You may have an immigration officer who says "how long have you been away" and you say "seven months" and he says "welcome home". Or you may get one who says "head to room 4 with the Taliban-looking guys and wait 6 hours for an investigator". I'm afraid it's all a bit random.
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Old Dec 25th 2010, 12:13 pm
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Default Re: Staying out of the USA more than 6 months - advice needed!

I think you will be fine as well. As long as you have ties to the US and are not out of the US for a year or more, it should be okay.

There is always the issue of an agent seeing abandonment, but if you can prove that you didn't then go for it. But do know it will mess about with your time clock for naturalization a bit.
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Old Dec 25th 2010, 1:37 pm
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Default Re: Staying out of the USA more than 6 months - advice needed!

As long as you have strong US ties, you can be out for up to a year.

The six month time frame doesn't have much to do with suspected abandonment cases.

For example, of an LPR didn't have US ties, but crossed the border into the US for Sunday brunch each week, they could still be sent to a judge for abandonment even though they were always out less than six months.
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Old Dec 26th 2010, 12:23 pm
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Default Re: Staying out of the USA more than 6 months - advice needed!

Right. There was also the example posted a while back where an LPR took a one day trip to Canada to activate a Canadian resident visa. He was ultimately found to have abandoned his US residency.

Abandonment is a complex issue. It's not black and white.
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