Safe Arrival
My parents and I left Chester, Nova Scotia at 5:30am Atlantic time and arrived at the border station in St. Stephen New Brunswick at around 12:45pm AT, Thursday.
The drive through Nova Scotia and New Brunswick was uneventful but did provide ample time to ponder my situation.
Joy's parents and I drove from Calais, Maine to Dover, New Hampshire - arriving around 6:45pm Eastern time.
Many thanks to all who have been praying for our safe travels and crossing into the States.
The drive through Nova Scotia and New Brunswick was uneventful but did provide ample time to ponder my situation.
Joy's parents and I drove from Calais, Maine to Dover, New Hampshire - arriving around 6:45pm Eastern time.
Many thanks to all who have been praying for our safe travels and crossing into the States.
The Situation
So what happened you ask? Well quite simply this: The United States government is taking serious the "resident" part of the "Legal Permanent Resident" (LPR) card - otherwise known as the Green Card.
Last summer, when we flew up to New Hampshire, one of the CBP agents mentioned that I should consider filling out a form because my time out of the States might cause trouble with my Green Card - but he did not mention which form it was. Well, upon landing in Houston on this trip I found out.
Apparently in 2009, before we moved, I should have submitted form I-131 (Re-Entry Permit.) This would have been good for two years and would have permitted me to come and go between the US and Guatemala for periods over one year (up to two years.) When I was physically out of the US for more than twelve months they said I could have been considered to have voluntarily abandoned my resident status.
After explaining the situation to the agent in Calais, Maine - who, for the record, was wonderful, helpful, polite, and professional - he said my LPR status was fine and I could pass without problem but I did need to complete the process (and receive the re-entry permit in hand) before returning to Guatemala. Honestly, at one point my parents and I thought he was going to deny me entry to the States.
The paperwork is in the mail heading to the processing station in Texas. At this point there is no way of knowing how long this whole process will take. The instructions for the I-131 suggests starting this process two months before your desired travel time... so this may take a while to complete.
As mentioned above the I-131 is normally good for two years. However, in circumstances where the applicant has been out of the States for significant time prior to filing the application approval may only be granted for one year (if at all.) This is what I'm hoping for - one year. This would allow me to return to Guatemala to be with my family. It would also give Joy, the girls and I time to pray and consider what our next step will be.
If anyone knows of an immigration lawyer who would be willing to advise us please let us know. Unless other options are unveiled to us we see the following as our choices (assuming my I-131 is approved for one year):
Last summer, when we flew up to New Hampshire, one of the CBP agents mentioned that I should consider filling out a form because my time out of the States might cause trouble with my Green Card - but he did not mention which form it was. Well, upon landing in Houston on this trip I found out.
Apparently in 2009, before we moved, I should have submitted form I-131 (Re-Entry Permit.) This would have been good for two years and would have permitted me to come and go between the US and Guatemala for periods over one year (up to two years.) When I was physically out of the US for more than twelve months they said I could have been considered to have voluntarily abandoned my resident status.
After explaining the situation to the agent in Calais, Maine - who, for the record, was wonderful, helpful, polite, and professional - he said my LPR status was fine and I could pass without problem but I did need to complete the process (and receive the re-entry permit in hand) before returning to Guatemala. Honestly, at one point my parents and I thought he was going to deny me entry to the States.
The paperwork is in the mail heading to the processing station in Texas. At this point there is no way of knowing how long this whole process will take. The instructions for the I-131 suggests starting this process two months before your desired travel time... so this may take a while to complete.
As mentioned above the I-131 is normally good for two years. However, in circumstances where the applicant has been out of the States for significant time prior to filing the application approval may only be granted for one year (if at all.) This is what I'm hoping for - one year. This would allow me to return to Guatemala to be with my family. It would also give Joy, the girls and I time to pray and consider what our next step will be.
If anyone knows of an immigration lawyer who would be willing to advise us please let us know. Unless other options are unveiled to us we see the following as our choices (assuming my I-131 is approved for one year):
- Guatemala: give up my LPR status and surrender my Green Card. This path would mean that any time we return to the US or pass through it I would have to enter as a tourist. I would be permitted to spend money but not make money. We would likely have to change all our support and bank accounts and remove me so that the IRS could not say I was earning income. It would also mean that while in the States as a tourist I would have to leave and re-enter every 90 days. Should we decide to leave the mission field and return to the States to settle I would have to start the LPR status anew. From what I've been told and read this process would be more difficult the second time.
- Green Card: give up overseas mission and return to the States. This is not the path either of us want to go down. Joy summed it up pretty clearly the other night, "I don't want it to be God's will for us to move back." - but we have said all along that we want to follow God's path for our family and bring glory to Him in the process. The prospect of closing up in Guatemala and coming back to the States is more daunting that when we moved to Guatemala nearly four years ago. I won't list out all the challenges here as I'm sure they are well known.
I am also asking for prayer for Joy and the girls. Until this is resolved and I can return to Guatemala Joy is doing both single parent and full time teacher jobs. She has decided to suspend all her private piano lessons until I return, which will help.
Abigail, Emma, and Sara are adjusting but it has not been easy. This past week was Holy Week in Guatemala so they were off school. On Monday they will return to school. This might make the schedule a bit more full but it also might give them something to distract them. Please pray that they start sleeping better at night.
Please join us in praying that we can see God's plan through all of this - that He would make everything plain to us and that we would not fight Him - whether Green Card or Guatemala.
In Christ,
-knme
Maribel - Kidney Stone
Please also be in prayer for Maribel as it looks like she has kidney stone(s.) She has been off since Wednesday but hopes to return to work on Monday.
1 comment:
we have ben blessed with Kens company on Wed nites ad are so thrilled to be playing TTR internationally! I think we may have been the first ever t do that! So happy we can sort of still Double Date!
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