Surrendered Green Card due to being out of the country

[Tomachi7 1]

Hi, my spouse had to surrender her GC, we lived out of the USA together for an extended period, so she abandoned it.  Now we want to go back to the USA.  The I-130 states not to use that form if the beneficiary has lived out of the USA more than 2 years after marriage (6B.) We have lived outside of the USA together for the past 5 years.  Married in 2004, surrendered GC in 2017 (it had been invalid since about 2015.

 

Thank you!

 

 

[Roel 7,191]

The i130 and spouse visa is the way to go. You're starting from the scratch since the old green card was abandoned. 

[Tomachi7 1]

17 minutes ago, Roel said:

The i130 and spouse visa is the way to go. You're starting from the scratch since the old green card was abandoned. 

Thank you!  I re-read the instructions and Who May Not File section 6 doesn't seem to apply to us.

[Roel 7,191]

Also depending where you live you can check if you can do DCF. It's faster. 

[Tomachi7 1]

1 hour ago, Roel said:

Also depending where you live you can check if you can do DCF. It's faster. 

Thank you again and Congrats on your success.  We are in Japan, they have very limited DCF.

Thinking of just going to USA and attempting from inside.

[Roel 7,191]

42 minutes ago, Tomachi7 said:

Thank you again and Congrats on your success.  We are in Japan, they have very limited DCF.

Thinking of just going to USA and attempting from inside.

Do not. That would be immigration fraud. No one here will help you commit it. 

 

Your only option is i130. 

[Tomachi7 1]

12 minutes ago, Roel said:

Do not. That would be immigration fraud. No one here will help you commit it. 

 

Your only option is i130. 

Roel, Thanks, is that true?  We have USA citizen kids.  Older one needs to start school.  I thought I read about "adjusting of status."  That works in the country I live in now.  Did that three times over the past 20 years. 

[Roel 7,191]

6 minutes ago, Tomachi7 said:

Roel, Thanks, is that true?  We have USA citizen kids.  Older one needs to start school.  I thought I read about "adjusting of status."  That works in the country I live in now.  Did that three times over the past 20 years. 

Your US kids can go just fine. Its the non US spouse that needs a visa. 

 

Going to the US on non immigrant Visa with intent to adjust is FRAUD. Doing it risking denied aos and deportation. 

 

Like I said. Apply for i130 now and do things according to the law. Keep asking about intent to AOS and this thread will be reported. 

[Tomachi7 1]

3 minutes ago, Roel said:

Your US kids can go just fine. Its the non US spouse that needs a visa. 

 

Going to the US on non immigrant Visa with intent to adjust is FRAUD. Doing it risking denied aos and deportation. 

 

Like I said. Apply for i130 now and do things according to the law. Keep asking about intent to AOS and this thread will be reported. 

Cheers thanks for your concern.  Not planning on committing fraud.  I just am curious about what AOS is.  If it exits, what makes it legal?  AOS has worked for me three times abroad.  Never been asked about it.  In between each time, traveled to the country abroad as tourist without incident.  I can't take care of my kids in the USA on my own nor can they be away from their mother.  I appreciate your concern and ethics, but I am only exploring all options.  As yo umay know for social security in the USA there are many different choices.  As a parent, I must do all that I can to minimize disruption for my kids (i.e. separation) that is  universally agreed is a negative at this very moment in the USA.  Thanks again and don't worry.

[Roel 7,191]

It's illegal to plan to enter and adjust on non immigrant visa.  Period. Don't care what worked for you in the past. Kudos if you got away with fraud. 

 

You and your US citizen kids can move but mother have to wait until their spouse visa is approved. Cant be more simple that than. 

 

Not to mention her chance of getting nonimmigrant Visa are close to none so you don't have much choice anyway. 

[gregcrs2 1,777]

OP, you need to re-read the entire paragraph.  You are only looking at 6B.

 

6. A spouse, if you married your spouse while he or she was the subject of an exclusion, deportation, removal, or rescission proceeding regarding his or her right to be admitted into or to remain in the United States, or while a decision in any of these proceedings was before any court on judicial review.  However, you may be eligible for the bona fide marriage exemption under INA section 245(e)(3) if:

 

A. You request in writing a bona fide marriage exemption and prove by clear and convincing evidence that the marriage is legally valid where it took place and that you and your spouse married in good faith and not for the purpose of obtaining lawful permanent resident status for your spouse and that no fee or any other consideration (other than appropriate attorney fees) was given to you for your filing of this petition.  The request must be submitted with Form I-130; or

 

B. Your spouse has lived outside the United States, after the marriage, for a period of at least two years; 

[JFH 12,189]

Since you asked why AOS exists, I’ll provide an answer to that question and hopefully it will clear matters up. AOS exists to enable people to remain in the USA if they are immediate relatives of USCs but their plans or circumstances change after they arrive - eg someone arrives on a student visa, goes to university here and during the time they are here they meet and fall in love with a USC, get married and decide to stay. AOS is permissible from tourist visas provided that there was no intent to stay upon arrival. That’s not the case for you. You are already planning to immigrate and announced it to the world by means of posting it on a public forum. There’s no clearer intent than that! 

 

You need to file the I-130 and wait out the process like the rest of us. It is what it is. The fact that you have left it so close to school starting to file and it’s not “convenient” for you to wait a year or more for your wife’s visa is not the government’s problem or priority. That’s the choice you made.

 

Yes, some countries allow people to enter as tourists with the intention of staying. The US isn’t one of them. So what happened to you in other countries is irrelevant.

 

 

 

[Becci391 339]

File the I-130 and wait until your wife gets her visa.

You and the kids are fine since you are US-citizens.

However, your wife has to wait in her home country but can visit you and the kids occasionally.

The processing time is around 12-14 months.

[Crazy Cat 39,226]

3 hours ago, Tomachi7 said:

Cheers thanks for your concern.  Not planning on committing fraud.  I just am curious about what AOS is.  If it exits, what makes it legal?  AOS has worked for me three times abroad.  Never been asked about it.  In between each time, traveled to the country abroad as tourist without incident.  I can't take care of my kids in the USA on my own nor can they be away from their mother.  I appreciate your concern and ethics, but I am only exploring all options.  As yo umay know for social security in the USA there are many different choices.  As a parent, I must do all that I can to minimize disruption for my kids (i.e. separation) that is  universally agreed is a negative at this very moment in the USA.  Thanks again and don't worry.

We all understand the practicality of looking at all options before making such a life changing decision. In this case, you have only one legal option for your family relocating to the US---  file I-130, wait for the 12-14 month process, and complete consular processing in your wife's country of residence.  Good luck.

[Amadia 711]

OP,

File I-130 for your spouse and wait the time like all others before you. Just don't try shortcuts that could land you in hot water with immigration.