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koalas

Expired temp 2 yr Green Card - want to move back to US

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I'm a US citizen from California and my husband is French. In 2007, we got my husband a green card (temporary 2 year) but he couldn't find a job in CA so we moved back to France in 2008 for his new job. At the time, we thought we'd try to settle here in France (we're still here now) but 2.5 years later, I'm not happy here.... Plus, now it's my turn without a job. All in all, we want to try to move back. This time, he'd look for a job everywhere in the US and not just in the San Francisco area as he did last time.

I know that technically we have to apply for a new green card for him since his green card expired. In fact, he didn't even get a re-entry permit. And we could do that, but it would be difficult esp for the Affadavit of Support since I'm not in the US with a permanent job as I was last time we did this.

I'm wondering if there are any other options available. We've been filing our tax returns in the US. Is it worth looking into an immigration lawyer? Any advice would be appreciated!

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You could look into a Returning Resident visa-0 not sure if they are available for conditional greencard holders though, and whether they require a new affidavit of support.

I think your best bet is to file a new IR-1 spousal visa via DCF, and find a co-sponsor.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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You could look into a Returning Resident visa-0 not sure if they are available for conditional greencard holders though, and whether they require a new affidavit of support.

I think your best bet is to file a new IR-1 spousal visa via DCF, and find a co-sponsor.

Returning resident visa is not an option.

First it requires a big reason for being out of country more than a year, has to be an unforseen reason not planned so had not applied for re entry permit, like carrying for a sick parent.

Second, failure to remove conditions caused residency to be revoked, so the green card is dead, is no longer a resident, so would not be a returning resident.

Will have to start over and file an I-130 for a spouse visa, if US citizen has been resident in France for 6 months or longer and can provide residency evidence then should be able to file petition to US consulate in France, a shorter process than filing in USA.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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While I believe the SB-1 would be a viable option as a case could be made, the most elegant, quick, and cost efficient way would be to file for an IR-1 via DCF. The reward will be a 10-year Green Card, mailed right to your door.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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While I believe the SB-1 would be a viable option as a case could be made, the most elegant, quick, and cost efficient way would be to file for an IR-1 via DCF. The reward will be a 10-year Green Card, mailed right to your door.

problem I see is i beleive SB-1 would require that when it is issued the returning resident if had remained in the USA would still have residency.

I think OP is out of luck due to not filing to remove conditions on a conditional card, so residency was revoked bu not filing the I-751 to remove conditions.

I think filing an I-130 either DCF or to USCIS in the states is the only option. On the plus side, yes the resulting Green-card will be a 10 year card.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Thanks for your replies! We actually got the first green card (2yr temporary one) through DCF at the Paris U.S. consulate and it all went smoothly. At the time, I lived and worked in the U.S. so it was easier to fill out the Affadavit of Support. Now, we meet the asset requirement but not the income part and I don't want to ask anyone to be the co-sponsor.... :(

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***** Moving from Working During... to DCF forum *****

If you have enough assets (savings, property etc) you will be fine for the Affidavit of Support; it's how my USC husband sponsored me.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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