Visa, which way is better??? - Page 3

kelly2 · #21 04-25-2005, 08:40 AM

Then after you get your green card what are the requirements for staying in the US??? 6 months a year?

windeguy · #22 04-25-2005, 09:27 AM

Quote:

Originally Posted by kelly2

Then after you get your green card what are the requirements for staying in the US??? 6 months a year?

This is a very good question and one that I am trying to get answered as well.

I have a few related questions:

How long do you have to enter the US the first time after you are approved for a Green Card?

As I understand it, the intent of the Green Card, or legal permanent residency, is that you intend to live and work in the US. If you choose to leave the US for periods longer than 6 months after you get the Green Card, then you will almost certainly be questioned and you could be refused re-entry into the US. In fact, you can be questioned about your motives and potentially refused re-entry any time you leave the country, despite having a green card. This is completely up to the discretion of the Immigration Officer. The Green Card is not really a perpetual multiple re-entry visa.

Does anyone have experience in this matter about lenghts of stay in the US and frequent travel back and forth to the US using a Green Card for re-admission?

ricktoronto · #23 04-25-2005, 09:57 AM

I think the INS at some point will get pretty testy with people living in the DR trying to act like they live in the US, get a K1 fiance visa, wait out the marriage and residency period and then skedaddle back to the DR. If the OP lives in the DR and the wife to be does then stay in the DR. Since they both want to.

You have to think at some point they will look at passport stamps and say, hey these people are in the DR all the time and in the US rarely - that's not what a green card is for - it's cancelled. And on the other side, the Dominicans might think the same thing.

The same thing happens in Canada - get landed immigrant status then make a beeline for where you came from - we then cancel the status when we find out and for good reason.

Snuffy · #24 04-25-2005, 11:43 AM

My understanding is that you can travel outside the USA for up to a year. I can try and find the link.

Snuffy · #25 04-25-2005, 11:46 AM

International Travel
A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

Snuffy · #26 04-25-2005, 11:47 AM

http://uscis.gov/graphics/howdoi/PermRes.htm

windeguy · #27 04-25-2005, 07:25 PM

Quote:

Originally Posted by Snuffy

http://uscis.gov/graphics/howdoi/PermRes.htm

Thanks Snuffy and in that link it also says:

"You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.
* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year."

It is the "any length of absence" clause that gives the immigration officer the right to refuse entry as they feel necessary. As our Canadian friend has commented, they can revoke residency when they want to in Canada AND on the US side as well for those that travel outside the country suspiciously.

mamasboysdq · #28 04-25-2005, 07:52 PM

Looking for info on the chances of obtaining a tourist visa for my girlfriend. We have been together for 5 years. I'm in the DR about every 6 weeks. She has the following:

Title to her own home.
Small business that is registered with the government, (pays taxes)
Shares in Banco Popular.
Over 1,000,000 pesos in her bank account
has been allowed in the US for a one time entry. She returned within the time frame of her visa.(the next visa attempt was denied)
Has traveled to 7 foreign countries. Always returning to DR.

We are thinking of going the tourist visa route because we don't intend on marrying within the 90 days required.

I'm just wondering if we should present all the evidence of our relationship or just go with her own "ties" to her country.
I am a US citizen but have lived outside the US for 21 consecutive years.

Any advice.

It seems like she has a clear shot, but after being denied the last time, we want to make sure this time.

Also will they allow me to go with her if we're not applying for a fiance visa?

Thanks for any advice.

windeguy · #29 04-25-2005, 08:12 PM

From what I was told by a reviewing officer, the responsibilty to prove she will return to the DR is all up to her. Nothing that you provide in the circumstances you mention below would help that. Since she has a good track record, she has a chance, unlike most people that ask this question.
If they provide the visa, I don't see any reason that you cannot travel together. Did they happen say why she was refused the last time?

Quote:

Originally Posted by mamasboysdq

Looking for info on the chances of obtaining a tourist visa for my girlfriend. We have been together for 5 years. I'm in the DR about every 6 weeks. She has the following:

Title to her own home.
Small business that is registered with the government, (pays taxes)
Shares in Banco Popular.
Over 1,000,000 pesos in her bank account
has been allowed in the US for a one time entry. She returned within the time frame of her visa.(the next visa attempt was denied)
Has traveled to 7 foreign countries. Always returning to DR.

We are thinking of going the tourist visa route because we don't intend on marrying within the 90 days required.

I'm just wondering if we should present all the evidence of our relationship or just go with her own "ties" to her country.
I am a US citizen but have lived outside the US for 21 consecutive years.

Any advice.

It seems like she has a clear shot, but after being denied the last time, we want to make sure this time.

Also will they allow me to go with her if we're not applying for a fiance visa?

Thanks for any advice.

mamasboysdq · #30 04-25-2005, 11:27 PM

Quote:

Originally Posted by windeguy

From what I was told by a reviewing officer, the responsibilty to prove she will return to the DR is all up to her. Nothing that you provide in the circumstances you mention below would help that. Since she has a good track record, she has a chance, unlike most people that ask this question.
If they provide the visa, I don't see any reason that you cannot travel together. Did they happen say why she was refused the last time?

No they didn't give her a reason, she was intimidated by the whole process and didn't have the presence of mind to question them.