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Previous Greencard

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Dear all,

This is an interesting one that I'll sure appreciate your feedback on. My fiancee and I are 4 months into the visa process. So far all well and good - check cashed, NOA1 in the mail, etc.

He previously applied for and won a Green Card through the lottery in 1995 and spent two summers here in the USA while studying at the same time in the UK. He left the USA in summer 1996 after a death in the family and didn't return as a full time resident - nor did he hand in his card at an embassy or airport as he figured he would go back - then he had overstayed his time in the UK he figured it wouldn't matter anymore as he couldn't travel on the Green Card. He still has the expired Green Card and the Social Security Card they gave him but never was stupid enough to try to use it to enter the US.

Now, I'm wondering if this will adversely affect our K-1 application. While he was in the States he never broke any laws, he paid taxes for the work he did and he never outstayed a visa (he also always paid taxes and never broke any laws in the UK - loll). He didn't return the the States until 2004 when he had to go for work, so he applied for, and received, a five year 'i' visa which means he could live and work in the US, just not for a US company. He has also been back and forwards to see me on a waiver and has never had any problems at POE.

I might be paranoid but I am just so worried that they will ask questions about why he didn't stay before (his mother died and his kids were young) and that he could be in trouble for not handing in his old Green Card. He insisted I enter his old A number on our applications and give his Social Security number as it's better to not hide these things.

So, can someone, anyone, please advise? Do we need to hire a lawyer for a denial? I have scoured the USCIS website for more info but can't find anything and am sleepless (but not in Seattle) about the whole thing.

Thanks,

M

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I certainly am no expert in this, however, the circumstances you describe don't sound particularly alarming. You were right to use the old A number as his information is already in the file. I expect that the situation will come up in the interview and he can explain exactly what happened - that he hadn't expected to be giving up his green card when he left the US to attend to family matters - and that he recognized he could no longer use it, and didn't. He may wish to bring it with him to the interview so he can hand it in then, if necessary. He has broken no rules, has observed immigration requirements and will, of course, tell the truth about the circumstances, if asked. I honestly don't think you need to worry about this too much.

Good luck.


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