Best Relocation Option?

[jkeenan213]

Dave, I believe that you are correct.  This is what I've been told, and I am still weaving my way through this:

 

If a green card holder leaves the U.S. for more than 365 days, they can revoke the card.  Although involuntary, it does not seem to be automatic, I think the operative word is "can" as opposed to "will".  What is automatic, the "will": Failure to file/pay Us taxes (all of them), criminal activity, moral turpitude, immigration fraud...of course card goes bye bye.

 

If you leave for more than one year (but I think less than two?  This is what I am looking at now), you can apply for a re-entry permit.  This is always wise.  But...multiple re-entry permit applications can be a red flag.

 

The key here is "intent".  It is important that the green card holder not be suspected of "intent" to abandon their U.S. residency and reside elsewhere "permanently". Obviously, that leaves a lot to interpretation, not usually a good thing.  A green card may be revoked at any time, on the spot, without much judicial process.  Once revoked, the holder no longer has status and has little to no access to the judicial process, i.e. an appeal.  Ugly.

 

On another note:  The US government is under a lot of pressure due to the public perception of porosity of U.S. borders and all the crap that is happening out there.  Though PI is not placed on any watch lists that you will know of, they are VERY well aware of what is going on in Mindanao and Sulu.  So an abundance of over-caution may be appropriate.

 

It is certainly best to obtain U.S. citizenship in lieu of the green card, if possible.

 

If abroad on a green card, returning to the US once a year is NOT enough to establish intent to permanently reside in the US.  Remember the concept of intent not to abandon residency, in other words intent to return permanently.  Like so many other things in life, it's about managing risk.  Recommended for the card holder:

- Keep a US address.  Physical address.  Not a hotel or resort, do not use "in care of" such as one would when using a friend's address.

- Keep US bank accounts

- Keep US credit cards

- File and pay all US taxes promptly.  Always file resident returns, not non-resident returns.  Report your overseas income if any, and do not mess with the IRS.

- Keep and renew a US drivers license

- if possible, maintain ownership of US property (real estate or car).  This one is tough typically.

- Keep your SS card

- Keep and renew the green card.

- When in the US, have all US docs on your person at all times

Remember intent.  In the first year, you have every right to return as a permanent resident.  After that, it's intent.  Non immigrant visas (like a tourist visa) imply intent not to stay in the U.S.

- DO NOT manipulate the visa system if out of the country for more than one year.  Do not attempt to get any type of non-immigrant visa to return to the U.S.  Apply for a special immigrant visa, leave lots of time.  

- AVOID chartered flights filled with non-immigrants on coming to U.S.  Fly commercial.

- DO NOT return to the US with children or family that are not US citizens or green card holders themselves.

- AVOID US ports of entry that are typically tourist or resort travel heavy (like say, Miami)

- Here's a tough one.  DO NOT return to the US on a round trip ticket or chained ticket that terminates outside the U.S. 

[anthonytt]

My wife has her 2 year Green Card which was just extended 1 year while they process her 10 year.

This is the part that I find tricky. If she is out of the US for a certain period of time I believe they take the Green Card away and make her start over. Its why many get citizenship before moving back here. Can you enlighten us on this?

This is true, she would need to apply for tourist visa.,Unless she owns property in US, to which they would grant her a re-entry permit. (From what I understand This is what I believe to be true).

My wife was just 19 when we got married here 2 years ago in US. Even though we visit PHils. Once a year she misses her family and the Philippines. So it's a big decision. That's why we are going there for 6 weeks for her to decide. As for me, I have no problem with the thought of living there also been there several times. So after our trip next month, a decision will need to be made.

[Hey Steve]

As Intreped pointed out in post #6, it's a real pain regarding the police clearance requirements if filing a 13a while in the Philippines. A contact in the US has to really be on the ball as far as the back and forth mailing goes-certified, authenticated, notarized-maybe soon it will need to be pasteurized and homogonized and even solomnized-before you get that coveted red ribbon document back from the Embassy (...dear lord, just a simple police clearance...). I did this for a friend in San Carlos a little while back and it was a pain.

 

As far as my wife and I go, our plans is to establish dual citizenship for her soon and I will get a 13a at the Chicago (Phl) Embassy next year. I suppose to be on the safe side, a briefcase will be one of our carry ons when we fly there- who knows what they will ask for (yes-the 'ol onward ticket as well).

Edited November 7, 2014 by Hey Steve

[MikeB]

As Intreped pointed out in post #6, it's a real pain regarding the police clearance requirements if filing a 13a while in the Philippines. A contact in the US has to really be on the ball as far as the back and forth mailing goes-certified, authenticated, notarized-maybe soon it will need to be pasteurized and homogonized and even solomnized-before you get that coveted red ribbon document back from the Embassy (...dear lord, just a simple police clearance...). I did this for a friend in San Carlos a little while back and it was a pain.

As stated earlier, if you've been in the Philippines for 6 months you don't need the police clearance from your home country. Check the BI website under checklist for 13a, it's either/or. You need only the NBI clearance and if you're 60 or over you get priority. It took me 1 hour, although the people I was allowed to cut in front of who had been waiting for many hours were none too pleased -  that's their system. 

[jkeenan213]

OK, so I am now confused (not an untypical state).  Are you attempting to travel to PI, you as a US citizen and her on a valid green card (and I assume a valid PI passport), for a period of 42 days?  Link here about status, which even on the stay of your length doesn't appear to be much of an issue:

 

www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

 

But...entry/exit is a whole other thing.  I've done this a few times, though we always stayed under my (US) visa requirement length, so I can't comment on that.  I do know that you will need one.  I'm not sure what you mean by a tourist visa for her as she does not have a US passport.  A re-entry permit is always a good idea.

 

I think we've done this 6 times...and every time it was different as to what documentation was needed for entry/exit.  To be fair...in both countries.  There are fee exemptions in PI (you will need cash in PI airport on entry and exit) based on whether she is travelling on green card or PI passport that you may want to take advantage of.  

 

My experience:  Once we screwed up, she entered PI on her green card (which they never should have approved anyway) and tried to exit on her passport.  3 hours and a missed flight in a hot office, because she didn't have an entry stamp.  Another time, we entered PI Manila about 2:30am.  The guy looked at me, the 6' blonde white guy and at her, the younger filipina wife, literally winked at me.  Then not only stamped me with an extra 3 days on non-visa travel, but escorted us to customs, spoke with the guy, our bags passed immediately uninspected and he picked a specific taxi for us that from experience was 1/2 of what I've paid some times with my kano face.  The cab ride conversation yielded he was the agent's cousin.

 

My lesson:  Be respectful and patient, regardless of frustration levels.  Learn some Tagalog, it goes a really long way (back to respect).  At the very minimum:  "Kumusta" (Kuh-muss-tah) is hello (technically how are you), "hindi" (in-DEE) is no, "oo" (oh-OH) is yes.  And most importantly:  "salamat" (accent on the second syllable always) is thank you, and if you are talking formally and respectfully...and any time you are talking to someone older than you it's "salamat po" ( sah-LAH-maht POH).  Even if they speak to you in English.  Believe me it goes a long way.

 

And do your homework, between your wife and you, you have 8 different exit and entry experiences.  You don't want to get hung up on any of them.

[jkeenan213]

Mike, I think he's talking about getting the 13a before he leaves the US, so he would need the police clearance as he does not meet the 6 month in-country requirement.  I think we are weighing the difference between getting the 13a before relocating, or more than 6 months after.  Based on the comparative processes, it seems better to get it before even though you need the police clearance than to wait the 6 months after going there (on Balikbayan or whatever).  You do indeed save the hassle of that requirement, but all of the others seem to make it more prudent and less costly (in time and maybe money) to get it here before you go?

[Hey Steve]

Mike, as of 10/1/13 when the law changed... you must have an NBI police clearance no matter how long you have been living in the Philippines . As of the same date you must ALSO have a police clearance from your own country. This has been verified at both the Cebu and Bacolod immigration BI offices. 

 

If you got your 13a predating this 10/1/13 date, then you are correct-but my understanding, sir, is not after that date.

Edited November 8, 2014 by Hey Steve

[MikeB]

I submitted the final paperwork in Dec 2013, the conversion was completed in Feb 2014.

You may be right, do you have a link to a news article or govt website on this change? The BI's own website states otherwise and it appears to be dated 2014- http://www.immigration.gov.ph/images/ImmigrantVisasForms/ImmigrantVisaByMarriage/2014-12-001%20Rev%201%20Conversion%20to%20Non-Quota%20Immigrant%20by%20Marriage.pdf

[Hey Steve]

I submitted the final paperwork in Dec 2013, the conversion was completed in Feb 2014.

You may be right, do you have a link to a news article or govt website on this change? The BI's own website states otherwise and it appears to be dated 2014- http://www.immigration.gov.ph/images/ImmigrantVisasForms/ImmigrantVisaByMarriage/2014-12-001%20Rev%201%20Conversion%20to%20Non-Quota%20Immigrant%20by%20Marriage.pdf

There no doubt that your point is made, Mike on the site here (if I could open it). My friend at the immigration dept went through his checklist and was dumbfounded by what he was told and asked why this request was not disclosed. He was under the mindset that only an NBI report was needed. He was told that Rosario had put through the memo on 10/1 and his application process started on 10/3/13(??). I did the leg work to get the certified (apostilate..something like that- I think it's called) Fed Ex'd over to him to satisfy this. There's a few blogs I have seen on line that share this process, so I know it was not unique to him. 

The bigger point is that there are very few cut and dry processes when dealing with the govt process and I guess rolling with the punches with an open mind can sometimes lessen the frustrations so many experience. I will get mine before we go there.

[anthonytt]

Can't get police clearance here in Arizona. It's Arizona law. They will only give you a letter stating the law that they do not do police clearance for visa or immigration. They told me I need to contact the FBI to get clearance .