# My Husband has a Green Card but I don't?



## lisaG (Aug 13, 2009)

Hi,

I was just wondering if anyone could be of help. My husband won a green card in the lottery in 2003. He entered and validated it but only stayed a few months. We have been married since 2006. What is the procedure with re entry and can I fill in any paper work to allow me to travel too?

Any tips advice or help will be much appricated.

Thanks


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## twostep (Apr 3, 2008)

My first question - is his GC still active or did he let it go?


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## Fatbrit (May 8, 2008)

lisaG said:


> Hi,
> 
> I was just wondering if anyone could be of help. My husband won a green card in the lottery in 2003. He entered and validated it but only stayed a few months. We have been married since 2006. What is the procedure with re entry and can I fill in any paper work to allow me to travel too?
> 
> ...


Unless your husband has been maintaining his permanent residency, your question is probably moot.

However, to answer it, there's probably no worse place to be than the spouse of a permanent resident. S/he can petition you, but there is a wait of 5 years or so. The usual answer is for the permanent resident to naturalize as your wait then magically disappears. Other methods involve trying to live there under your own non-immigrant status till the wait is up.


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## lisaG (Aug 13, 2009)

So just live there illegally for 5 years and then apply?


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## lisaG (Aug 13, 2009)

twostep said:


> My first question - is his GC still active or did he let it go?


Hi twostep,

His GC is still valid until 2013


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## Fatbrit (May 8, 2008)

lisaG said:


> Hi twostep,
> 
> His GC is still valid until 2013


You must separate the green card from the status. Where does your husband live? Does your husband file US tax returns?


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## Fatbrit (May 8, 2008)

lisaG said:


> So just live there illegally for 5 years and then apply?


No -- first establish that your husband is still a permanent resident with the questions above. Then we'll move forward from there.


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## lisaG (Aug 13, 2009)

Fatbrit said:


> You must separate the green card from the status. Where does your husband live? Does your husband file US tax returns?


We live in Ireland, he has never filed a tax return in America as he only validated his GC in 2003 and then left the country but his GC is valid until 2013.


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## Fatbrit (May 8, 2008)

lisaG said:


> We live in Ireland, he has never filed a tax return in America as he only validated his GC in 2003 and then left the country but his GC is valid until 2013.


So he has most probably lost his permanent residency. An unexpired green card is not a free pass at immigration.

If he arrives at a US border and uses his green card to enter, he will probably be sent to secondary processing where they will suggest he surrenders his card as he has abandoned his residency. If he refuses, they will parole him in to argue his case in front of an immigration judge.

You've not mentioned anything so far that he could use to argue his case. Not filing his US taxes is probably the nail in the coffin.


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## lisaG (Aug 13, 2009)

Fatbrit said:


> So he has most probably lost his permanent residency. An unexpired green card is not a free pass at immigration.
> 
> If he arrives at a US border and uses his green card to enter, he will probably be sent to secondary processing where they will suggest he surrenders his card as he has abandoned his residency. If he refuses, they will parole him in to argue his case in front of an immigration judge.
> 
> You've not mentioned anything so far that he could use to argue his case. Not filing his US taxes is probably the nail in the coffin.


Ok thats great thanks for your help


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## Fatbrit (May 8, 2008)

lisaG said:


> Ok thats great thanks for your help


Has he returned to the US since 2003?

It might be easier if he were to formally relinquish it to make future VWP trips easier. The form is I-407.

If he wants to try and continue his permanent residency, it needs a suitably skilled and experienced US immigration attorney for any chance of success.


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## lisaG (Aug 13, 2009)

Fatbrit said:


> Has he returned to the US since 2003?
> 
> It might be easier if he were to formally relinquish it to make future VWP trips easier. The form is I-407.
> 
> If he wants to try and continue his permanent residency, it needs a suitably skilled and experienced US immigration attorney for any chance of success.


Yeah he's been back no problem at all, I was Illegal when he first entered and have been back in too with no questions asked so thanks again for you help. 

Nail in Coffin on this one just an idea we were toying with thought i'd post here to get feedback.


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## Fatbrit (May 8, 2008)

lisaG said:


> Yeah he's been back no problem at all, I was Illegal when he first entered and have been back in too with no questions asked so thanks again for you help.
> 
> Nail in Coffin on this one just an idea we were toying with thought i'd post here to get feedback.


It's all sounding very complicated to me. Folks can only give advise based on what you chose to tell them, and I'm sure we haven't even had a quarter of the full story.


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## lisaG (Aug 13, 2009)

Fatbrit said:


> It's all sounding very complicated to me. Folks can only give advise based on what you chose to tell them, and I'm sure we haven't even had a quarter of the full story.


No need to be like that, as I said thanks for your help I have gotten more than I needed to know from you and do not need anymore information thank you


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