SB1 Question

[yialanliu 0]

Hi all,

 

I am a US citizen, my wife is a Chinese citizen with a green card (conditions removed) and we have 2 children both US citizens.

I got admited to Tsinghua University (Master degree) which is a 3 year program in China. Rather than have my wife do the multiple trips back to the US, can we apply for an SB1? I didn't think to have my wife apply for a reentry permit before leaving and she still has not been gone for more than 6 months but I'd rather her not have to do so many trips back and forth. I do have a home in the US and file taxes every year and all that and do plan on returning afterwards. Also, do I apply now or right before we decide to return?

 

OR should I just have her give up the green card and reapply as a spouse once I graduate?

 

Thanks,

Yi Liu

Edited February 9, 2018 by yialanliu

[Unlockable 7,306]

Easier to apply for a reentry permit which allows her out of the US for up to 2 years. The permit MUST be applied for and approved PRIOR to her leaving.

 

An SB1 is when an immigrant leaves a country then, for circumstances out of their control, remains out of the US for a period more than a year but i now seeking to reenter the US. The SB1 is applied for when the immigrant is out of the US and is looking to return. But it also requires a lot of evidence showing they could not return.

 

The reentry permit would be the better option, IMO. In your case the "circumstances out of your control" is where you may run into problems if you try for an SB1. You are choosing to attend a Uni in another country.

 

ETA: She can get a reentry permit for 2 years. Return to the US for a little while before the permit expires. Then apply fo another permit if she wants to go back to China for a while.

Edited February 9, 2018 by NuestraUnion

[Nitas_man 3,100]

8 hours ago, yialanliu said:

Hi all,

 

I am a US citizen, my wife is a Chinese citizen with a green card (conditions removed) and we have 2 children both US citizens.

I got admited to Tsinghua University (Master degree) which is a 3 year program in China. Rather than have my wife do the multiple trips back to the US, can we apply for an SB1? I didn't think to have my wife apply for a reentry permit before leaving and she still has not been gone for more than 6 months but I'd rather her not have to do so many trips back and forth. I do have a home in the US and file taxes every year and all that and do plan on returning afterwards. Also, do I apply now or right before we decide to return?

 

OR should I just have her give up the green card and reapply as a spouse once I graduate?

 

Thanks,

Yi Liu

We got one (SB1), but it is very, very difficult to prove "circumstances beyond your control".  My advice is for her to return and apply for a re-entry permit which buys her a full two years to stay out of the country without worries then she only has that last year to travel back and forth.  She needs to be in the US long enough to do biometrics then she can have the permit delivered to the nearest US embassy.

 

You won't be applying for SB1 until you have been out too long and are ready to permanently return.  I blogged the process under "working and living" section if you want to get a peek into the convoluted procedure.  You'll get an initial interview where the CO determines whether or not you are eligible to apply for the SB1 then you apply for the SB1 itself. 

 

Be fully prepared to start over from the beginning if that first interview is a denial but if you are approved to go forward you have to re-generate a support affidavit for them to issue the visa.  Absent US employment you need to show assets in the bank to do that.  It's an I-134, they may or may not accept a co-sponsor if you don't.

Edited February 9, 2018 by Nitas_man

[yialanliu 0]

Thanks guys! Will be doing the reentry permit then.