"How to restore my permanent resident status?

[darena01 0]

Just to be clear, what the couple will be doing is an IR1 visa, starting from scratch. The new green card would be sent in the mail after the foreign spouse uses the visa to enter the USA. Expect it to take between 7 and 10 months with 10 being far more likely than 7. All fees associated with an IR1 visa process will eventually be paid, $420, then $88, then $404 plus a medical exam and any travel expenses to the visa interview and medical exam.

The OP's description of the relationship sounds like it's weak on evidence of bona fides but there may be more to it. The US Citizen is the one who starts this process. It's a process to reunite a family, not simply to get a foreigner a green card. The US Citizen has some homework to do.

10 months is it before I can enter the US, or before I actually receive my new green card and my status gets adjusted?

[pushbrk 12,092]

10 months is it before I can enter the US, or before I actually receive my new green card and my status gets adjusted?

About ten months to obtain the visa. The green card will come in the mail a month or so after you arrive. You will not adjust status. Status is granted upon entry with the IR1 visa. Once the visa is issued and in your hands, you may enter the USA. You should have six months from visa issue to plan when to enter.

[Gary and Alla 3,694]

You are the spouse of a US citizen and you will receive a new green card if you file the I-130. Since you have been married for more than two years the new green card will be valid for 10 years when it is issued. Your child is a US citizen and can re-enter at any time.

Your old green card would have been cancelled and unless you file for a re-entry permit you would not be allowed in the US with that green card. You MAY be able to get a re-entry permit if you have been out of the US for more than one year but less than two years.

If you file a new I-130 your husband will have to submit a new I-864

[Gary and Alla 3,694]

Having a child is not a magic "fix all" with regard to immigration and proving a bona fide relationship. Your citizenship eligibility isn't relevant either. You really need to do some work and prepare your case properly.

Correct. A child means you had sexual intercourse at least once and nothing else UNLESS there is other documewntation that your husband has been filling his role as a father throughout the marriage. Children can be excellent evidence IF both adults are taking part in the child's care.

You will need to document that you maintained a marriage relationship throughout this time.

I agree that your description, as presented, sounds weak. It could just as easily be interpreted to be that you left your husband, never bothered with a divorce and now had a change of heart and want to come back

If you do not have evidence to support your story, better start collecting it now and hope for the best.

The idea that it was "easier" for you to live in Russia is NOT to your benefit in attempoting to get permanent residence status in the USA. Our son is a permanent resident AND a student in Moscow. You CAN do both, but he has never been out of the country for more than one year, maintains a residence here, has a drivers license, registered for the draft, files income tax, has a summer job...etc. Just leaving because it was "easy" and then deciding to come back may not work too well for you.

The fact is, that until our spouses become citizens we are ALL in relationships which require us to keep certain evidence and documents and we cannot just go about willy-nilly and doing what is "easy". That's the name of that game.

I intend to have a huge bonfire next summer and burn all this ...excrement...once everyone has their blue passports.

[darena01 0]

I was not asking about your opinion on how I lived my life with my husband. I was asking about time frame and the documents I needed to file. I gave you a short description of my present situation, so that you knew where I was coming from.

That's good that you have a good huusband who can support you and with who you have a good working relationship. My husband turned out to be a dead beat one. He left me in hanging in a foreign for me country on my own. Leaving was the only option for me because he did not support me in any way and I simply could not afford paying for child care, apartment and other bills out of my own pocket. What would you do in my situation? where would you go?

Anyway, I did some research and it seems easier than I thought. he does not have to file I 130 all over again. Filing I - 824 will do.

[pushbrk 12,092]

I was not asking about your opinion on how I lived my life with my husband. I was asking about time frame and the documents I needed to file. I gave you a short description of my present situation, so that you knew where I was coming from.

That's good that you have a good huusband who can support you and with who you have a good working relationship. My husband turned out to be a dead beat one. He left me in hanging in a foreign for me country on my own. Leaving was the only option for me because he did not support me in any way and I simply could not afford paying for child care, apartment and other bills out of my own pocket. What would you do in my situation? where would you go?

Anyway, I did some research and it seems easier than I thought. he does not have to file I 130 all over again. Filing I - 824 will do.

It is not easier to file an I-824 in any way you will see. The I-824 will get your approved I-130 to the National Visa Center, just like filing a new one would do but don't count on it being faster. Yes, if you have an approved I-130, filing the I-824 is correct but you will still complete the IR1 process including your husband or husband and qualified sponsor providing affidavits of support.

You didn't ask for opinions on how you and your husband have conducted your relationship. However, those issues are critical to any eventual success in obtaining a new IR1 visa and green card for yourself. The Consular Officer WILL ask about all this because it IS the Consulate's job to determine whether you currenty have a bona fide marriage relationship with your US Citizen husband. You will need to be prepared to demonstrate the bona fides of your relationship. That's why people are bringing it up.

[darena01 0]

It is not easier to file an I-824 in any way you will see. The I-824 will get your approved I-130 to the National Visa Center, just like filing a new one would do but don't count on it being faster. Yes, if you have an approved I-130, filing the I-824 is correct but you will still complete the IR1 process including your husband or husband and qualified sponsor providing affidavits of support.

You didn't ask for opinions on how you and your husband have conducted your relationship. However, those issues are critical to any eventual success in obtaining a new IR1 visa and green card for yourself. The Consular Officer WILL ask about all this because it IS the Consulate's job to determine whether you currenty have a bona fide marriage relationship with your US Citizen husband. You will need to be prepared to demonstrate the bona fides of your relationship. That's why people are bringing it up.

I am pretty sure I can prove that we have a bona fide marriage. I am angry at my husband but I can see where he was coming from. The main reason why I left was that my husband was very concerned about the house his parents live in. His name is on the house title and at that time the house needed to be refinanced. He didn't want to change jobs until he refinanced the house and that's why he had no additional income to support me. He also thought that the refinancing would take only a couple of months but the house lost over 100K in value and it took him two years to find a company that would take over the loan.

Of course, a normal guy would probably take a part time job just to help me pay the bills, but apparently, my husband could not handle the stress (from one side it was pregnant and nervous me and from the other side it was his old parents who were afraid to lose their house) and it was easier for him to let me go. He refinanced the house a couple of months ago( he put my name on the title too) and now he wants us back.

The reasons why I never tried to enter the US during the first year of living in Russia is that he would keep promising to bring us back in a little while and I was in the constant anticipation of our final return trip to the US. I know that I could have prevented losing my green card by just entering the US for one day, but I could not do it because I was breastfeeding and it was hard for me to separate from the baby ( nobody here wanted to deal with frozen milk and a fuzzy infant).

I came here in hope to receive a good advice regarding my situation.

People say so many different things that I don’t even know who to believe. Filing I 824 should be much easier - he would not have to spend so much time collecting all basic paperwork.

But where do I start? What box does he have to check on I 824? What happens after he files this form?

[pushbrk 12,092]

I am pretty sure I can prove that we have a bona fide marriage. I am angry at my husband but I can see where he was coming from. The main reason why I left was that my husband was very concerned about the house his parents live in. His name is on the house title and at that time the house needed to be refinanced. He didn't want to change jobs until he refinanced the house and that's why he had no additional income to support me. He also thought that the refinancing would take only a couple of months but the house lost over 100K in value and it took him two years to find a company that would take over the loan.

Of course, a normal guy would probably take a part time job just to help me pay the bills, but apparently, my husband could not handle the stress (from one side it was pregnant and nervous me and from the other side it was his old parents who were afraid to lose their house) and it was easier for him to let me go. He refinanced the house a couple of months ago( he put my name on the title too) and now he wants us back.

The reasons why I never tried to enter the US during the first year of living in Russia is that he would keep promising to bring us back in a little while and I was in the constant anticipation of our final return trip to the US. I know that I could have prevented losing my green card by just entering the US for one day, but I could not do it because I was breastfeeding and it was hard for me to separate from the baby ( nobody here wanted to deal with frozen milk and a fuzzy infant).

I came here in hope to receive a good advice regarding my situation.

People say so many different things that I don't even know who to believe. Filing I 824 should be much easier - he would not have to spend so much time collecting all basic paperwork.

But where do I start? What box does he have to check on I 824? What happens after he files this form?

He would check box D. First, I would check with NVC by phone to see if they will actually initiate Consular Processing for an IR1 visa when they receive the case file.

I would suggest doing plenty of study on what might be asked in a visa interview and regarding "evidence" of a bona fide relationship. What YOU think should be sufficient if of no consequence. You need to learn what a Consular Officer is likely to consider sufficient evidence. You have some things to overcome that will require significant evidence and interview preparation.

Edited August 5, 2011 by pushbrk

[darena01 0]

He would check box D. First, I would check with NVC by phone to see if they will actually initiate Consular Processing for an IR1 visa when they receive the case file.

I would suggest doing plenty of study on what might be asked in a visa interview and regarding "evidence" of a bona fide relationship. What YOU think should be sufficient if of no consequence. You need to learn what a Consular Officer is likely to consider sufficient evidence. You have some things to overcome that will require significant evidence and interview preparation.

Are you sure that it is box D? why not C?

[pushbrk 12,092]

Are you sure that it is box D? why not C?

Because your husband didn't adjust his status. "I" is your husband, not you. He checks D.

[darena01 0]

Thank you very much!!!!