What Do I Tell Us Immigration!?

[thamilto]

What should my Thai wife should say to US immigration if they ask her why she spends 95% of her time in Thailand and only has had short visits to the US in the last 3 years? We are planning on moving to the US (next year) we just didn't have our migration timed right, and got the green card early (we had to go to the US to decide it was the right place for us, arrange for work there, find a house, finish our jobs/education in Thailand etc.). Our two year old daughter is a US citizen, as am I, and I don't want to be in LOS the rest of my life because my wife got kicked out of the US. We've never been out of the US for more than 9 months at a time, but we only go there for a couple of weeks when we do go. Other posters have made it clear that any time over 6 months out of the country on a green card is a valid reason for revoking residency. So far I've thought of telling immigration that:

a)I have been conducting PhD research in Thailand (true)

b)My wife has been studying for her Masters in Thailand (true)

c)My wife's mother has been deathly ill (untrue and extreme, but possible to have a doctor write a letter)

Any advice would be really appreciated. I don't want to have to go to a lawyer over a fairly simple question like this. Please help.

[autonomous_unit]

I think the best advice is to always be honest with them.

From reports I've heard, they usually give you some warning on arrival, such as "you'd better stay in the US longer on this entry, or surrender your permit abroad the next time you leave". Worst case, you would have to surrender the permit and reapply later (losing some application fees and hassle). Apparently it looks better on your records to have surrendered the permit voluntarily than to ignore warnings and have it seized on a later entry attempt. Has she had any comments or warnings on previous entries to the US? How long has it been since her last entry?

If you know you will be in Thailand for quite a while longer (years), you might just want to surrender it at the UCSIS office in Bangkok, and apply for a 10 year B visa for her short trips, so you are on good terms and can reapply for residency later when your relocation plans are more certain...

I think the worst thing you could do is get caught in some silly lie, and then actually endanger your future immigration options.

[harrry]

Never ever lie to Big Brother it isn't worth it.

[daxbr]

I respectfully disagree with poster above.

You tell them nothing that they already know. Volunteer no information. Get reeentry permit that allows you to stay away for up to 2 years. This should be sufficient for entry. If they ask additional questions, you politely answer but say as little as possible. All your statements will be noted in their database and can be used against you later. You always state your principal residence is in the US.

They are to entrap and complicate your life.

[daxbr]

I respectfully disagree with poster above.

You tell them nothing that they already know. Volunteer no information. Get reeentry permit that allows you to stay away for up to 2 years. This should be sufficient for entry. If they ask additional questions, you politely answer but say as little as possible. All your statements will be noted in their database and can be used against you later. You always state your principal residence is in the US.

They are to entrap and complicate your life.

[BigSnake]

I think the best advice is to always be honest with them.

From reports I've heard, they usually give you some warning on arrival, such as "you'd better stay in the US longer on this entry, or surrender your permit abroad the next time you leave". Worst case, you would have to surrender the permit and reapply later (losing some application fees and hassle). Apparently it looks better on your records to have surrendered the permit voluntarily than to ignore warnings and have it seized on a later entry attempt. Has she had any comments or warnings on previous entries to the US? How long has it been since her last entry?

If you know you will be in Thailand for quite a while longer (years), you might just want to surrender it at the UCSIS office in Bangkok, and apply for a 10 year B visa for her short trips, so you are on good terms and can reapply for residency later when your relocation plans are more certain...

I think the worst thing you could do is get caught in some silly lie, and then actually endanger your future immigration options.

Just tell the truth and let the chips fall as they will as the saying goes, for if you tell one lie you need two more to cover it, so forth and on.

[BigSnake]

I think the best advice is to always be honest with them.

From reports I've heard, they usually give you some warning on arrival, such as "you'd better stay in the US longer on this entry, or surrender your permit abroad the next time you leave". Worst case, you would have to surrender the permit and reapply later (losing some application fees and hassle). Apparently it looks better on your records to have surrendered the permit voluntarily than to ignore warnings and have it seized on a later entry attempt. Has she had any comments or warnings on previous entries to the US? How long has it been since her last entry?

If you know you will be in Thailand for quite a while longer (years), you might just want to surrender it at the UCSIS office in Bangkok, and apply for a 10 year B visa for her short trips, so you are on good terms and can reapply for residency later when your relocation plans are more certain...

I think the worst thing you could do is get caught in some silly lie, and then actually endanger your future immigration options.

Just tell the truth and let the chips fall as they will as the saying goes, for if you tell one lie you need two more to cover it, so forth and on.

[BigSnake]

I think the best advice is to always be honest with them.

From reports I've heard, they usually give you some warning on arrival, such as "you'd better stay in the US longer on this entry, or surrender your permit abroad the next time you leave". Worst case, you would have to surrender the permit and reapply later (losing some application fees and hassle). Apparently it looks better on your records to have surrendered the permit voluntarily than to ignore warnings and have it seized on a later entry attempt. Has she had any comments or warnings on previous entries to the US? How long has it been since her last entry?

If you know you will be in Thailand for quite a while longer (years), you might just want to surrender it at the UCSIS office in Bangkok, and apply for a 10 year B visa for her short trips, so you are on good terms and can reapply for residency later when your relocation plans are more certain...

I think the worst thing you could do is get caught in some silly lie, and then actually endanger your future immigration options.

Just tell the truth and let the chips fall as they will as the saying goes, for if you tell one lie you need two more to cover it, so forth and on.

[Sheryl]

severeal duplicate postings have been deleted.

OP: under no circumstances lie, it is the worst thing you can possibly do (and the "sick mother"line is one of the oldest in the books).

Your options are to either just answer questions and volunteer no extra info or else explain the whole thing, truthfully.

If you know for a fact that there is a limitation on how many months one can be out of the country on a green card an d cannot stay within that limit then, personally, I'd follow atonomous'advice, and if you are unsure of the rules then personally I'd go to the Embassy here and ask.

If you don't want to fdo that, fine, can play it as daxbr suggested.

But do not under any circumstances lie, if they catch you in a lie (and they have quite a sixth sense for it) it will be forever held against you.

[thamilto]

Thanks for all your advice. It's been nine months since we were last State side. I haven’t been warned before, luckly, so that's why I want to be careful not to tell them something that will really scrw things up. If they ask, I guess I’ll tell them she has been studying in Thailand and bring her transcripts and tuition bills to verify that fact. I was just hoping someone knew if studying abroad was a valid reason to be out of the country, or if that answer was just a quick way to get her green card taken away.

[Hawaiian]

Agree with previous posters. DO NOT LIE! A reentry permit is required for any stay out of the U.S. for more than 365 days and up to 2 years. Suggest you visit the USCIS website to confirm.

[PeaceBlondie]

Between Sheryl and I, we may have deleted both double posts. Sorry. The advice given here is generally good.

[Whitey]

Just a quick question for the OP, have you been keeping up on your US taxes. Your wife is required to pay taxes on her worldwide income now that she has a greencard....sure it can be excluded, but you need to make sure the forms are filed timely.

9 months should be ok, but I would go back before much longer because the 1 year mark can be an automatic loss of green card status. If you are looking for a quick getaway to reset the clock, a trip to Guam or Saipan is certainly an option.

FYI, time spent on Saipan is retroactively counting for time spent in the US for permanent residence purposes.

[dishrace]

Agree with previous posters. DO NOT LIE! A reentry permit is required for any stay out of the U.S. for more than 365 days and up to 2 years. Suggest you visit the USCIS website to confirm.

Rules state if you are going to be out of the USA and are hold a Green Card with a Legal Perminant Resident status you should submit an I-131 form to the USCIS 60 days before departing and they will give yo a permit to re-enter allowing you to keep the green card and LPR visa status...or so they say

[Scubadude770]

Agree with previous posters. DO NOT LIE! A reentry permit is required for any stay out of the U.S. for more than 365 days and up to 2 years. Suggest you visit the USCIS website to confirm.

You must apply for the reentry permit in the USA. I am currently working through a situation where an entry permit was not applied for and am being told that my wife will be allowed back int the USA and will be ok but next trip out should apply for reentry else possible cancellation

My wife and I spend most of our time in Thailand and it will not affect her US residency as long as we get the reentry permit next time..... hoping to have her USA passport soon so no more worries about these kind of things in the future.

Good luck to the op and I do believe the truthful reasons you stated will be valid enough. Just get the reentry permit next time before you leave the USA

[KozureOkami]

None of these reasons will be accepted. It is true that if you are out for more than 6 months you will have issues and actually will be reapplying for admission at the border. If you knew you were going to be out you should have gone to Immigration and got a Reentry Permit. When you apply now you will certainly go to Secondary and possibly have her green card removed or have to go before the Immigration Judge. Good luck. Some people believe you can stay out for one year on the Green Card but that is not the case. The 6 months is the figure and the inspector is going to be looking at things like taxes, jobs, and other solid indications of intent.

[DrDave]

You must apply for the reentry permit in the USA. I am currently working through a situation where an entry permit was not applied for and am being told that my wife will be allowed back int the USA and will be ok but next trip out should apply for reentry else possible cancellation

My wife and I spend most of our time in Thailand and it will not affect her US residency as long as we get the reentry permit next time..... hoping to have her USA passport soon so no more worries about these kind of things in the future.

Good luck to the op and I do believe the truthful reasons you stated will be valid enough. Just get the reentry permit next time before you leave the USA

I'm assuming that your wife is pursuing US citizenship ("hoping to have her USA passport soon..."). How is it that she'll be able to apply for citizenship if she's out of the country for such an extended period of time? In our case, my wife must be physically present in the US for 7 months in each of the 3 years immediately prior to making an application for citizenship, which implies that she can be away no more than 5 months each year. I don't remember the details, but I know that there's a threshold defined on the USCIS website, that if a permanent resident is out of the country for more than a certain amount of time in a single instance, all accumulated time in the US is lost, and the eligibility clock for citizenship resets.

[thaihome]

[...I'm assuming that your wife is pursuing US citizenship ("hoping to have her USA passport soon..."). How is it that she'll be able to apply for citizenship if she's out of the country for such an extended period of time? In our case, my wife must be physically present in the US for 7 months in each of the 3 years immediately prior to making an application for citizenship, which implies that she can be away no more than 5 months each year. I don't remember the details, but I know that there's a threshold defined on the USCIS website, that if a permanent resident is out of the country for more than a certain amount of time in a single instance, all accumulated time in the US is lost, and the eligibility clock for citizenship resets.

There are ways around the resident requirments::

There are also exceptions for lawful permanent residents married to U.S. citizens stationed or employed abroad. Some lawful permanent residents may not have to comply with the residence or physical presence requirements when the U.S. citizen spouse is employed by one of the following:

the U.S. Government (including the U.S. Armed Forces);

American research institutes recognized by the Attorney General;

recognized U.S. religious organizations;

U.S. research institutions;

an American firm engaged in the development of foreign trade and commerce of the United States; or

certain public international organizations involving the United States.

I have two friends that work for an American company overseas, and both have wives (one is Thai, one Chinese) that have gotten US citizenship while living overseas. They did have to take the test in the US (it is not given outside the US).

Both did hire immigration lawyers to help with the application. The Thai wife went to US on spousal visa and got uncondtional green card on arrival (they had been married for several years), after less then a year he was transfered back to Thailand and within one year after that she had recieved the US citizenship.

TH

[falang3000]

I don't want to suggest what you should tell the US authorities but I certainly wouldn't make something up. Just a note which you probably realize now is the I-131 should have been filled out prior to leaving. However this is kind of slow and you can file it and then leave if you want to. No need to wait until it comes back. I believe they will send it overseas however I had mine relayed to me. You might even be able to file it after you left but don't quote me on that. An immigration lawyer is nice to have here.

[torrenova]

As someone stated, tell them nothing more than you have to. You can never retract anything you say. Not lying does not mean volunteering all and sundry.

[DrDave]

There are ways around the resident requirments::

There are also exceptions for lawful permanent residents married to U.S. citizens stationed or employed abroad. Some lawful permanent residents may not have to comply with the residence or physical presence requirements when the U.S. citizen spouse is employed by one of the following:

the U.S. Government (including the U.S. Armed Forces);

American research institutes recognized by the Attorney General;

recognized U.S. religious organizations;

U.S. research institutions;

an American firm engaged in the development of foreign trade and commerce of the United States; or

certain public international organizations involving the United States.

. . .

TH

Excellent information, thank you!

The OP will need to ensure that his particular activities in Thailand are considered to be exempt, under the conditions above. I'm assuming that some sort of documentation will be required at some point to prove that his wife is exempt from the physical presence requirements.

[avvocato]

There is such a thing as a "re-entry permit". Your wife needs to apply while you are in US. I'm not sure it fits your situation exactly but it is worth investigating. It usually applies if the resident plans to be out of the country for a year or more.