Former Green Card holder - New application

[K&E2009 71]

Can't believe I'm back here... 

 

So, I went through the K-1 visa process previously. 

Temp green card was approved and received.

Permanent green card was approved BUT, we moved back to Ireland before I received it in the mail - I assume it was returned to sender. 

 

We have been living in Ireland for the last 2.5 years ( we relocated due to work). 

 

Anyway..... we're thinking of going back to the U.S. We have since had a child who has his US passport and SSN - so no problems there. I am the problem 

 

My question; do I have to start from scratch? Will there be any issues as a previous GC holder?  Any fast track that can be done (previous GC holder, spouse and child are USCs etc.)

 

Just to note; I have been back to the US since leaving. No problems at immigration, so I'm hoping I don't have a bad mark in my file 

 

Thanks!

[aleful 1,905]

you start over, from scratch, no pass, the process will take a year more or less, maybe more

 

but you will need to put your SSN and your GC A-Number on the forms that require it, since those are given for life

 

 

[Boiler 43,436]

Did you file the I 407?

[K&E2009 71]

I did not file the i407. Why? 

[Boiler 43,436]

11 minutes ago, Widsy97 said:

I did not file the i407. Why? 

To formally abandon your PR status.

 

Have you been filing taxes?

[K&E2009 71]

Yes, we (my USC spouse and I) file jointly through turbotax every year. 

[payxibka 10,044]

1 hour ago, Widsy97 said:

Can't believe I'm back here... 

 

So, I went through the K-1 visa process previously. 

Temp green card was approved and received.

Permanent green card was approved BUT, we moved back to Ireland before I received it in the mail - I assume it was returned to sender. 

 

We have been living in Ireland for the last 2.5 years ( we relocated due to work). 

 

Anyway..... we're thinking of going back to the U.S. We have since had a child who has his US passport and SSN - so no problems there. I am the problem 

 

My question; do I have to start from scratch? Will there be any issues as a previous GC holder?  Any fast track that can be done (previous GC holder, spouse and child are USCs etc.)

 

Just to note; I have been back to the US since leaving. No problems at immigration, so I'm hoping I don't have a bad mark in my file 

 

Thanks!

I would look at SB-1.  You may be outside the window, but since it appears you tried to maintain ties to the US via tax filings etc...  It would be the quickest way if you are eligible

[Boiler 43,436]

Tax filing does not by itself maintain residency.

 

Now why you would want to file US taxes when you are non resident is another issue.

 

[Crazy Cat 39,249]

Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you:

• Had the status of a lawful permanent resident at the time of departure from the United States;
• Departed from the United States with the intention of returning and have not abandoned this intention; and
• Are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible

[Nitas_man 3,100]

22 hours ago, Widsy97 said:

Can't believe I'm back here... 

 

So, I went through the K-1 visa process previously. 

Temp green card was approved and received.

Permanent green card was approved BUT, we moved back to Ireland before I received it in the mail - I assume it was returned to sender. 

 

We have been living in Ireland for the last 2.5 years ( we relocated due to work). 

 

Anyway..... we're thinking of going back to the U.S. We have since had a child who has his US passport and SSN - so no problems there. I am the problem 

 

My question; do I have to start from scratch? Will there be any issues as a previous GC holder?  Any fast track that can be done (previous GC holder, spouse and child are USCs etc.)

 

Just to note; I have been back to the US since leaving. No problems at immigration, so I'm hoping I don't have a bad mark in my file 

 

Thanks!

 I DCF filed for my wife (same reasons) back in 2011.  Being a previous green card holder was not an issue.  They never blinked.

 

With that said:  We left again and just suffered through the SB1 application process.  One of the things the embassy asks you to turn in when you file for resident status determination is your green card.  Since you never received it that might be a bit of a problem.

 

I would suggest, assuming he has the assets or income for the affidavit of support, filing an application to determine resident status, talking to the embassy about your case, and getting a ruling from them.  You need lots of proof of ties - property and assets in the US, that go with the application.  The burden of proof is pretty high.  One thing that helped us is though it was expired, we did get a travel document before we left and having one helps demonstrate that you intended to return. 

 

After you read through the requirements for the application, and if you don't think you have a strong enough case, your only other option is to start over.  I don't know if you can DCF in Ireland or not, but if you can it's much quicker to file the I130 with the embassy than to file it to the lockbox back to the US.

 

Expats returning to the US from overseas either need to demonstrate that they are returning to work for their same company, enough liquid assets for 3X the 125% poverty level for your household size, or a co-sponsor in the US. 

 

I do not know your situation.  The very best thing would be if your husband is working in Ireland for a US company and returning back to the US for the same company.  I believe in that case you have a pretty good chance at an SB-1.  If not, and you guys did not maintain a residence in the US, it will be a very tough uphill climb. 

 

https://eforms.state.gov/Forms/ds117.PDF

 

Take a look, talk if over.  In our case my wife did NOT deal with the embassy at all.  I did, and I laid out my case back and forth by email and let the IV office advise me what to do.

 

 

 

 

 

[Nitas_man 3,100]

15 hours ago, Boiler said:

Tax filing does not by itself maintain residency.

 

Now why you would want to file US taxes when you are non resident is another issue.

 

Usually when you make less than $100k and owe nothing anyway you are pretty cheerful about filing taxes.

[Boiler 43,436]

1 minute ago, Nitas_man said:

Usually when you make less than $100k and owe nothing anyway you are pretty cheerful about filing taxes.

I thought Saudi for example did not have Income Tax?

[Nitas_man 3,100]

Just now, Boiler said:

I thought Saudi for example did not have Income Tax?

 

They don't.  My US tax bill is pretty steep though. 

[K&E2009 71]

Thanks for all the great replies. Very helpful!

 

Just checked, Ireland does not do DCF. So that's out.

Don't think we would qualify for SB1. 

Regular filing of I-130 looks most likely if we pursue it. 

 

We don't make over $100k combined, so nothing to worry about on the tax front 

 

It's my wife that is the USC. 

 

In relation to this; Expats returning to the US from overseas either need to demonstrate that they are returning to work for their same company, enough liquid assets for 3X the 125% poverty level for your household size, or a co-sponsor in the US. 

 

I think 3x the 125% poverty line is a crazy requirement! But I don't make the rules, so it is what it is. 

I think my father-in-law would be happy to sponsor us. 

 

I (the non resident alien) work for an international financial services company. I may look into a transfer to the US w/visa, see what options (if any) there are.

 

Moving to Ireland for her was so much easier!! She was fully legal and had a job within 2 weeks, and it was free! 

 

Why are we considering this again!?! 

Edited January 3, 2018 by Widsy97

[Nitas_man 3,100]

36 minutes ago, Widsy97 said:

Thanks for all the great replies. Very helpful!

 

Just checked, Ireland does not do DCF. So that's out.

Don't think we would qualify for SB1. 

Regular filing of I-130 looks most likely if we pursue it. 

 

We don't make over $100k combined, so nothing to worry about on the tax front 

 

It's my wife that is the USC. 

 

In relation to this; Expats returning to the US from overseas either need to demonstrate that they are returning to work for their same company, enough liquid assets for 3X the 125% poverty level for your household size, or a co-sponsor in the US. 

 

I think 3x the 125% poverty line is a crazy requirement! But I don't make the rules, so it is what it is. 

I think my father-in-law would be happy to sponsor us. 

 

I (the non resident alien) work for an international financial services company. I may look into a transfer to the US w/visa, see what options (if any) there are.

 

Moving to Ireland for her was so much easier!! She was fully legal and had a job within 2 weeks, and it was free! 

 

Why are we considering this again!?! 

Ireland is friggin beautiful.  I'm not sure why you are doing this either LOL but if that's what you want we're gonna help you if we can 

 

Sorry about the confusion on the USC thing.  My bad.  That 3X rule lets you sponsor your spouse without a job in the US.  Since this might take awhile - if she can return first and get things set up and start working that's option 3.  I suspect you guys wouldn't like being separated (I wouldn't) but it avoids asking someone to co-sponsor.  Either way - best of luck!