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"How to restore my permanent resident status?

#1 darena01

darena01

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Posted 10 July 2011 - 10:20 AM

Hello everyone :D

Here is my story. I hope to receive some good advice from you guys.
I am originally from Russia and I met my American husband when I lived in the US on J-1 visa. We got married in South Carolina in 2005 and moved to California in 2006. In California my husband and his parents purchased a house under the 10 year ARM and all four of us moved in together. Shortly after we all moved in together I was forced out of the house by his parents and had to look for a place to live somewhere else. During the next three years, my husband and I continued to live together, but we had separate budgets: he was paying for the house and I was paying for my own rent and expenses. During those three years he wouldn’t help financially in any way.


In 2009 I got pregnant from him and we came to the mutual decision that I had to go home to Russia until he settles all financial problems in the United States (refinances the house, gets a better paid job).


In September 2009 our son was born in Russia. To date, he has already received his American passport

In May 2011 I decided that it is time for me and my son to return to the United States.

Here is my problem: I lost my permanent resident status since I stayed outside of the US for longer than a year. I wrote to the American Embassy in Russia twice, but couldn’t receive any comprehensive answer from them. All they said is that I have an option of filing I- 130 or SB-1.
There is information on SB -1 on their website and from what I’ve read I think it will be very hard for me to get this visa since I have to provide with lots of documentation that I don’t have.

Thus, filing I – 130 is the only way I can get my green card back.

So, my question is: What happens after my husband files I -130 for me and I pass the interview at the American Embassy in Russia? Will I receive a new temporary green card with a new number or I will get to keep my old permanent green card? Will he have to file the affidavit of support and if yes, when will this happen?

Has anyone encountered the same problem and how was it fixed?? I have a hard time finding anything on the internet and have no idea where to start.




Thank you in advance


daria
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#2 Harpa Timsah

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Posted 10 July 2011 - 10:27 AM

You will get a new 10-year Greencard. Yes, he will have to fill out a new I-864. Good luck.
  • 1

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#3 Anh map

Anh map

    K1 > AOS > ROC > USC



Posted 10 July 2011 - 10:34 AM

You will also have to prove to the interviewing officer that you were living your lives as a married couple. That doesn't mean living under one roof. The CO will look at your finances, how involved your husband is with your child, etc.
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#4 darena01

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Posted 10 July 2011 - 10:37 AM

You will get a new 10-year Greencard. Yes, he will have to fill out a new I-864. Good luck.




How long does it usually take? Will we have to pay for biometrics and other things again, or all we have to pay is $420 for i-130?
When will I receive the green card?

Many thanks

daria
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#5 darena01

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Posted 10 July 2011 - 10:39 AM

You will also have to prove to the interviewing officer that you were living your lives as a married couple. That doesn't mean living under one roof. The CO will look at your finances, how involved your husband is with your child, etc.


Well, he came here once and he talks to us on Skype almost daily. But I don't know if it is enough proof.
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#6 Anh map

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    K1 > AOS > ROC > USC



Posted 10 July 2011 - 10:43 AM

Well, he came here once and he talks to us on Skype almost daily. But I don't know if it is enough proof.


During the entire length of your married lives, not just the time that you returned to Russia.
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#7 darena01

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Posted 10 July 2011 - 11:20 AM

During the entire length of your married lives, not just the time that you returned to Russia.



Will showing pictures be enough? we also have a son together
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#8 AlmostDoneWhew

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Posted 10 July 2011 - 11:29 AM

It will all start with why you left--is it really better and easier and cheaper to live apart for several years, or did you have a failing marriage which is what it sounds like on the surface--think like an immigration officer looking at your case, and be BRUTALLY honest with yourselves. Why didn't you travel back to the US enough to keep the green card active--failing marriage again ??

It doesn't matter what it looks like to you, but what it looks like to them. Don't be defensive to what you see and hear here, but rather collect every piece of evidence that you have that the marriage was/is valid and that he is going to support you (even though it sounds like he didn't since you were paying your own bills form the very beginning).

Make a list of EVERYTHING--positive and negative, and then you will know where you stand in the eyes of the immigration folks and you will know if it will be just difficult, or maybe easy, or maybe impossible.

Once you have the complete list, then people can start to help--start making it today--it is the most crucial part of what you are about to do.

best wishes, and we will all help in any way possible.
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#9 Darnell

Darnell

    Wuhan Rocks !



Posted 10 July 2011 - 12:51 PM

this will be a new petition, so put in evidence going back to the date of marriage, from the time you lived in usa to the date you filed this new I-130.

at the end, will receive 10 year green card, based on length of marriage.

Suggest you have husband review the GUIDES section here, as he's got some paperwork to handle, some evidence to generate and collect.

Good Luck !
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#10 darena01

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Posted 10 July 2011 - 01:34 PM

Thank you very much for all your input. As you can see, I am very upset with my husband, but it wasn’t the reason why I left. I left because it is much cheaper to raise a child here in Russia. The cost of living is cheaper, child care is free and Russian mothers enjoy up to three years of maternity leave (1,5 of them are paid). I also got a chance to finish my school online, which I would never be able to do, have I stayed in the US. In the US I would have to work two jobs to support my family and would have to give up my school.
My husband's priority at that time was to refinance the house, so he had to keep his low paid job. I think I will try to be honest with an immigration officer, although I have no documents ( except for the new mortgage papers) and recent pictures of all three of us together to prove my story.


Thank you very much for all your responses!!!

daria
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#11 AlmostDoneWhew

AlmostDoneWhew

    Just follow the directions--REALLY !!



Posted 10 July 2011 - 01:41 PM

But you have a good story--lay out the reasons you did what you did with documentation--the cost of living in Russia, child care, paid maternity leave--those are really important things while your husband was rebuilding his financial situation...you made some really difficult choices that were designed to provide better care for your kid, a better education for you, and therefore a better life for your family including your husband in the long run.

You can package this into a story of love and respect and doing the right thing even though it was immensely hard to be apart. Heck, it has the makings of a mini series for television !!

Seriously, it is a good story and will hold together with the proper evidence from your end.
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#12 Anh map

Anh map

    K1 > AOS > ROC > USC



Posted 10 July 2011 - 04:43 PM

I see your story as weak. From what you have stated here it looks as if you have stayed married in name only in order to try and obtain US residency. Having a child together does not carry a lot of weight. Raising a child together (even when living apart) does help your case.

You mentioned that you moved out the house and your husband stayed. Later you state that you and your husband lived together. Which was it?


A CO wants to see two people with joined lives. You will need to show a viable, real relationship between you and your husband. Also showing your husband's involvement in your child's life will be important.

You don't need to spell out all the details here. But you and your husband do have to invest some time and effort in preparing the spousal petition. You will need to document that you have maintained a bona fide relationship. Tax returns, credit accounts, correspondence, visits, etc.
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#13 darena01

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Posted 01 August 2011 - 07:09 AM

I could have filed for the citizenship, if I wanted, before leaving, but I did not care about the US citizenship at that time. The child was born after five years of marriage; at that time I already had my permanent green card. So I think this is a very good proof of a bona fide relationship.

My husband was paying for the house but we did not live there. We lived at the places I rented with my own money.


I am still debating between SB1 and I 130.

Do you know how long does it take before the application my husband files will get approved and transferred to the American Embassy in Moscow?
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#14 Anh map

Anh map

    K1 > AOS > ROC > USC



Posted 01 August 2011 - 07:57 AM

I could have filed for the citizenship, if I wanted, before leaving, but I did not care about the US citizenship at that time. The child was born after five years of marriage; at that time I already had my permanent green card. So I think this is a very good proof of a bona fide relationship.

My husband was paying for the house but we did not live there. We lived at the places I rented with my own money.


I am still debating between SB1 and I 130.

Do you know how long does it take before the application my husband files will get approved and transferred to the American Embassy in Moscow?


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.
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#15 pushbrk

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Posted 01 August 2011 - 08:06 AM

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.
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