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    roho2453's Avatar
    roho2453 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 29, 2008, 08:51 AM
    Can my wife leave and re-enter the US while under I-751 staus?
    While living in the UK my wife received an Alien Residence Permit. We began shopping for a home in the USA and eventually purchased one. However, because she entered before we were married two years we were required to file I-751 and that filing date is 9 months away.
    On our last entry into US, Immigration authorities told us that she was not allowed to leave the country until the I-751 status was resolved. Is this in fact true?
    Additionally, the social security office has informed us that she cannot apply for a card until this is resolved, which makes getting a job, bank acount and driving license impossible.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Jul 29, 2008, 08:58 AM
    Quote Originally Posted by roho2453
    While living in the UK my wife recieved an Alien Residence Permit. We began shopping for a home in the USA and eventually purchased one. However, because she entered before we were married two years we were required to file I-751 and that filing date is 9 months away.
    On our last entry into US, Immigration authorities told us that she was not allowed to leave the country until the I-751 status was resolved. Is this in fact true?
    Additionally, the social security office has informed us that she cannot apply for a card until this is resolved, which makes getting a job, bank acount and driving license impossible.


    I don't understand why you're questioning what the Immigration authorities told you. The obviously have told her not to leave the country and I wouldn't risk her status unless an Attorney gave me binding advice.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #3

    Jul 29, 2008, 12:47 PM
    Quote Originally Posted by roho2453
    While living in the UK my wife recieved an Alien Residence Permit. We began shopping for a home in the USA and eventually purchased one. However, because she entered before we were married two years we were required to file I-751 and that filing date is 9 months away.
    On our last entry into US, Immigration authorities told us that she was not allowed to leave the country until the I-751 status was resolved. Is this in fact true?
    Additionally, the social security office has informed us that she cannot apply for a card until this is resolved, which makes getting a job, bank acount and driving license impossible.
    If I understand your story correctly, she entered US on other types of visa or on visa waiver program and she was out of status for a while before you got married... is that correct?

    Normally when you file I-751, you must be in US from the beginning until approval. Leaving US can be done only when you file re-entry permit and get approval before you leave.

    BUT... if she entered US with visa other than fiancée visa, or spouse visa, she MUST stay in US until the petition is approved. This is why she cannot obtain SSN, etc. She must wait until the application is approved.

    Important things you should know: Green card holders cannot leave US longer than 1 year or the status will be revoked. It's recommended not to stay outside US longer than 6 months/year as immigration officers may assume that you abandon your residency and that means your legal status will be permanently canceled.

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