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sndesai

DCF filing after SB1 got denied

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Hello,

 

My husband (US citizen through naturalization) and I moved to India in Dec, 2015.  I am a green card holder. We have two kids, one was born in US, and the other kid was born in India but we got her US citizenship in Chennai consulate.  After moving back, I did not travel to US in the past 2 years and I also did not file a reentry permit before moving to India. 

 

We have plans to move back to US in June, 2018. I tried to go through the SB1 route and it got denied on the grounds that I had no return ticket and had not traveled in the past two years. It seems that my green card is pretty much invalid as of now.

 

We are going with the next best option. My husband is going to file an i130 petition in New Delhi. I have couple of questions regarding that:

1. Will the fact that I was previously a green card holder and practically abandoned the green card stand against me while filing i130?

2. Does it matter to them that I did not file for citizenship when I had a chance before our move in 2015?

 

Would really appreciate some insights. 

 

Thanks,

Shweta

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Neither aspect is grounds for a denial/refusal of a new petition/visa application.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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