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re-entry to US after being abroad

re-entry to US after being abroad

Old Oct 13th 2002, 6:35 pm
  #1  
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Unhappy re-entry to US after being abroad

We could use some "experienced advice" -
A Long long time ago... my UK spouse and I did the whole fiance visa thing. Did it all the right way, no cheating, spent months apart, etc. Got visa, got married, got greencard. So far so good. For various reasons we both went back to UK to stay for awhile (years) Made several trips back to US, but because we were ignorant, never filed that "if you're going to be gone longer than 1 year" form. Still, spouse admitted each time on green card (thru the blue line)
Have maintained legit contacts and intent always to return to US. Filed taxes, etc. Last June rang embassy in london, explained situation and intent to return finally to US for good. Was told that since it was less than 1 year since our last departure, did not need any new Visa apps. Sounded odd, but lady reassured us. Ive already returned, now spouse is ready to return with 2 US passport-holding, citizen-by-birth kids. Don't want any hassle at ariport with 2 tired kids, 2 stressed dogs, lots of luggage- ARE WE OK?
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Old Oct 13th 2002, 10:42 pm
  #2  
mjones
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Default Re: re-entry to US after being abroad

No guarantees. The INS is not obligated by the word of the Consulate.
Please help us. What do you mean by "various reasons" for going back the the UK?
Also, what do you have to show "legit contacts and intent always to return to
US"?
Wow, two foreign born US Citizen kids. As a family unit, looking like you are
moving back to the US may prompt questions about "why did you move away?"
When is your family due to arrive?
MIke

On Sun, 13 Oct 2002 18:35:01 +0000, usmum wrote:

    >We could use some "experienced advice" -
    >A Long long time ago... my UK spouse and I did the whole fiance visa
    >thing. Did it all the right way, no cheating, spent months apart, etc.
    >Got visa, got married, got greencard. So far so good. For various
    >reasons we both went back to UK to stay for awhile (years) Made several
    >trips back to US, but because we were ignorant, never filed that "if
    >you're going to be gone longer than 1 year" form. Still, spouse admitted
    >each time on green card (thru the blue line)
    >Have maintained legit contacts and intent always to return to US. Filed
    >taxes, etc. Last June rang embassy in london, explained situation and
    >intent to return finally to US for good. Was told that since it was less
    >than 1 year since our last departure, did not need any new Visa apps.
    >Sounded odd, but lady reassured us. Ive already returned, now spouse is
    >ready to return with 2 US passport-holding, citizen-by-birth kids.
    >Don't want any hassle at ariport with 2 tired kids, 2 stressed dogs,
    >lots of luggage- ARE WE OK?
 
Old Oct 13th 2002, 11:08 pm
  #3  
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Default Re: re-entry to US after being abroad

Originally posted by mjones:
No guarantees. The INS is not obligated by the word of the Consulate.
Please help us. What do you mean by "various reasons" for going back the the UK?
Also, what do you have to show "legit contacts and intent always to return to
US"?
Wow, two foreign born US Citizen kids. As a family unit, looking like you are
moving back to the US may prompt questions about "why did you move away?"
When is your family due to arrive?
MIke

On Sun, 13 Oct 2002 18:35:01 +0000, usmum wrote:

    >We could use some "experienced advice" -
    >A Long long time ago... my UK spouse and I did the whole fiance visa
    >thing. Did it all the right way, no cheating, spent months apart, etc.
    >Got visa, got married, got greencard. So far so good. For various
    >reasons we both went back to UK to stay for awhile (years) Made several
    >trips back to US, but because we were ignorant, never filed that "if
    >you're going to be gone longer than 1 year" form. Still, spouse admitted
    >each time on green card (thru the blue line)
    >Have maintained legit contacts and intent always to return to US. Filed
    >taxes, etc. Last June rang embassy in london, explained situation and
    >intent to return finally to US for good. Was told that since it was less
    >than 1 year since our last departure, did not need any new Visa apps.
    >Sounded odd, but lady reassured us. Ive already returned, now spouse is
    >ready to return with 2 US passport-holding, citizen-by-birth kids.
    >Don't want any hassle at ariport with 2 tired kids, 2 stressed dogs,
    >lots of luggage- ARE WE OK?
Hi:

Playing with fire here. If you don't consult with an experienced lawyer on this one, just one peice of advice: do NOT enter through LA.
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Old Oct 13th 2002, 11:29 pm
  #4  
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Default Re: re-entry to US after being abroad

Hi! Must keep this short - site keeps locking up when I try to post reply - went back to give kids idyllic cross-culture experience that is bonus of being part of 2 cultures. Wanted to spend time with elderly grandparents, go to village school, play with lots of cousins, see cows and sheep besides in picture book!

Contacts - professional, financial, personal. Always paid joint taxes. Frequent (1 yr-18 mos) trips home.

Both kids are US born, not foreign born.

We've always played by all the rules. Would have filed forms correctly if I had known about them before we left. Am still willing to file whatever forms we need, but family is travelling soon (next month) and I need them here - don't want them to arrive and be told spouse can't enter because of some missing form. It would be devastating to whole family! Any advice appreciated!
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Old Oct 14th 2002, 3:33 am
  #5  
mjones
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Default Re: re-entry to US after being abroad

Hi,
I asked the questions cause I could not say "this is cool or this is not".
Your spouse coming in to the US on the greencard and being allowed in is one
thing. This thing about the spouse and two kids "moving back to the US" (my
phrase, not yours) may well raise a flag, "Why did you move from the US?".

Your spouse and kids are probably going to be carrying a BUNCH of evidence on
their person (or in lugage) that they have been resident *outside* the US, like
foreign identification, foreign credit cards, UK drivers license, yet have no
evidence of ties to the US, like US based identification or credit cards,
letters addressed to you at a US address, bank statements sent to a US address,
etc. The fact that your spouse did actually abandon US residence is pretty much
going to be established by the fact that your spouse is coming to the US with
everything that demonstrates a change of residency "back" to the US.

You reasons for moving to the UK are not much to help you. I was hoping you
would say you moved to the UK cause you (the US citizen) had to work there.
Having two US passport carrying kids may help your spouse get past the POE if
the inspector is blind or having a good day. They may breeze thru.

Geez, no matter what I try to think of, you have a problem. I think you (I
almost hate to say it) need to talk to an immigration attorney about this. Your
have two problems, first, figuring out what to say and how to say it when
entering at the POE, and the second long term consideration is what may happen
when your spouse applies for naturalization.
Mike

On Sun, 13 Oct 2002 23:29:52 +0000, usmum wrote:

    >Hi! Must keep this short - site keeps locking up when I try to post
    >reply - went back to give kids idyllic cross-culture experience that is
    >bonus of being part of 2 cultures. Wanted to spend time with elderly
    >grandparents, go to village school, play with lots of cousins, see cows
    >and sheep besides in picture book!
    >Contacts - professional, financial, personal. Always paid joint taxes.
    >Frequent (1 yr-18 mos) trips home.
    >Both kids are US born, not foreign born.
    >We've always played by all the rules. Would have filed forms correctly
    >if I had known about them before we left. Am still willing to file
    >whatever forms we need, but family is travelling soon (next month) and I
    >need them here - don't want them to arrive and be told spouse can't
    >enter because of some missing form. It would be devastating to whole
    >family! Any advice appreciated!
 
Old Oct 14th 2002, 9:18 am
  #6  
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Unhappy Re: re-entry to US after being abroad

Thanks, Mike!

I can equip spouse with evidence to bring with him - tax returns, us bank book, address & photos of new house here, us credit cards. And I see your point - it looks like we're "moving", well... 'cause we are. But we think of it as "moving back home" ...

I suppose my big concern is getting family home - I'm willing to file more forms, pay whatever fee, etc once we all get back home. After all, if there WAS a form to file, we blew it when we didn't, (even innocently) But I do not want tragedy at airport, with kids upset, me upset, spouse upset, and entry refused. Do you think they would do that?
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Old Oct 14th 2002, 3:39 pm
  #7  
Paulgani
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Default Re: re-entry to US after being abroad

Assuming that your wife has evidence with her that she was gone for less
than a year on her most recent departure, and she can also present, if
asked, U.S. filed tax returns, bank statements, and other evidence of
maintaining residence in the U.S., it is unlikely she will have a problem at
the POE.

However, you indicated that she had (previously) departed the U.S. for > 1
year without filing for a reentry permit, and she had subsequently used her
green card to enter the U.S. This is a big concern. The INS may determine
that she had previously abandoned her PR. At the very least, she used an
invalid document (her green card) to enter the U.S.

Now, of course, the big question is: how is the INS going to find out?

First, they could find out at the POE. If for any reason, the INS Inspector
is suspicious, they could investigate, right then and there, her entire
departure/entry history. Chances are, the evidence is right in her passport
(i.e. entry/exit stamps).

Second, if she were to file for U.S. citizenship, she would have to list her
departure/entry history on the N-400 form.

Now, what might happen if the INS finds out? Well, she could get deported,
and banned from the U.S., although that's a worse case scenario.

What's the "proper" thing to do? Probably it is to assume she abandoned her
GC, and file an I-130 so she can get a new one. Of course, it could take a
year for her to get a new immigrant visa. However, I'm concerned that the
Consulate may research her departure/entry history, and find out that she
illegally entered the U.S. using her green card. That may entail a reason
for denying a new immigrant visa - I'm not certain.

Alternatively, she could just try to enter on her GC. She'll most likely
get in w/o any problems. However, she'll never be able to apply for U.S.
citizenship, unless she lies about her departure/entry history on the N-400
(NOT recommended!)

As you can see, very complicated issues abound. It is critical to procure
the advice of an immigration attorney who specializes in abandoning PR
issues.

Paulgani

"usmum" wrote in message
news:[email protected]
.com
...
    > We could use some "experienced advice" -
    > A Long long time ago... my UK spouse and I did the whole fiance visa
    > thing. Did it all the right way, no cheating, spent months apart, etc.
    > Got visa, got married, got greencard. So far so good. For various
    > reasons we both went back to UK to stay for awhile (years) Made several
    > trips back to US, but because we were ignorant, never filed that "if
    > you're going to be gone longer than 1 year" form. Still, spouse admitted
    > each time on green card (thru the blue line)
    > Have maintained legit contacts and intent always to return to US. Filed
    > taxes, etc. Last June rang embassy in london, explained situation and
    > intent to return finally to US for good. Was told that since it was less
    > than 1 year since our last departure, did not need any new Visa apps.
    > Sounded odd, but lady reassured us. Ive already returned, now spouse is
    > ready to return with 2 US passport-holding, citizen-by-birth kids.
    > Don't want any hassle at ariport with 2 tired kids, 2 stressed dogs,
    > lots of luggage- ARE WE OK?
    > --
    > Posted via http://britishexpats.com
 
Old Oct 14th 2002, 9:08 pm
  #8  
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Joined: Oct 2002
Posts: 10
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Default Re: re-entry to US after being abroad

[QUOTE][SIZE=1]Originally posted by Paulgani:
Assuming that your wife has evidence with her that she was gone for less
than a year on her most recent departure, and she can also present, if
asked, U.S. filed tax returns, bank statements, and other evidence of
maintaining residence in the U.S., it is unlikely she will have a problem at
the POE.

However, you indicated that she had (previously) departed the U.S. for > 1
year without filing for a reentry permit, and she had subsequently used her
green card to enter the U.S. This is a big concern. The INS may determine
that she had previously abandoned her PR. At the very least, she used an
invalid document (her green card) to enter the U.S.

Now, of course, the big question is: how is the INS going to find out?

First, they could find out at the POE. If for any reason, the INS Inspector
is suspicious, they could investigate, right then and there, her entire
departure/entry history. Chances are, the evidence is right in her passport
(i.e. entry/exit stamps).

Second, if she were to file for U.S. citizenship, she would have to list her
departure/entry history on the N-400 form.

Now, what might happen if the INS finds out? Well, she could get deported,
and banned from the U.S., although that's a worse case scenario.

What's the "proper" thing to do? Probably it is to assume she abandoned her
GC, and file an I-130 so she can get a new one. Of course, it could take a
year for her to get a new immigrant visa. However, I'm concerned that the
Consulate may research her departure/entry history, and find out that she
illegally entered the U.S. using her green card. That may entail a reason
for denying a new immigrant visa - I'm not certain.

Alternatively, she could just try to enter on her GC. She'll most likely
get in w/o any problems. However, she'll never be able to apply for U.S.
citizenship, unless she lies about her departure/entry history on the N-400
(NOT recommended!)

As you can see, very complicated issues abound. It is critical to procure
the advice of an immigration attorney who specializes in abandoning PR
issues.

Paulgani

Thanks for the good info Paul. I appreciate it!!
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