Give up GC or what to do?

[luisiana 0]

I am married to a US Citizen and my Conditional GC expire in end of July 2011, I am also approved a Re enter permit, who also expire the same day like my GC.

We are living overseas (third country) because of my husband’s work (not government worker or military). We visit US 1 time a year and we plan to move back to US 2012/2013.

Now the removal conditions are big issues for me. What kind of options do I have?

It’s this alternative or not for me?

1. Go back to US and apply for the removal conditions and do my biomedical appointment in US. Or

2. Can I apply for returning resident SB1 at the US consulate there we stay, now? Do I qualify for that?

3. Can that be a better alternative to voluntary give up my GC and later apply for DCF? (fast, and cheaper than go back to USA for a biomedical appointment)

I am Scandinavian and wish to travel to meet my parents in law in end of the year for 2 weeks, can I use ESTA (tourist visa) without any problem, if I voluntary give up my GC?

Im thankful for all help!

Regards Kate

[VanessaTony 3,567]

You originally posted here: http://www.visajourney.com/forums/topic/299496-after-18-months-abroad/

I don't know enough about SB1 to give you advice on that. I would do DCF personally. You'll get the 10 year greencard when you enter.. it just seems easier to me.. but that's because I know nothing about SB1

[JoannaV 173]

If you give up your green card you should be able to travel to the US as a visitor, and should be fine if you have proof that your American husband and you are living out of the country. (ie that you have no immigrant intent at that time.)

I don't know much about SB1. I get the feeling however that you do not qualify. You must have left the US for a short period of time and then become prevented from returning due to reasons out of your control for which you were not responsible. Then again, one of the reasons listed is "accompanying a US citizen spouse", which cannot mean only when they are on government/military business because such people do not require the SB1 at all.

(My husband has considered jobs abroad before, and it is a hard position to be in. I do feel that the system in relation to this is not very good. So I sympathise 100%.)

The SB1 costs pretty much the same as re-applying through DCF. (SB1 is $380 whereas I-130 is about $400, and then you have to pay the medical fees and immigrant visa processing fees. At least, I assume that "Form DS-230 application processing and security surcharge fees" is the same thing as the immigrant visa fees.) The difference is that you would not have to wait for an I-130 to be approved. But if you will know the earliest and latest dates you want to move back to the US, it will be easy to file the I-130 early enough and then potentially delay the process a while later if need be. Considering the money and the time, that neither are problems, I guess the SB1 is not the better choice as it has so much uncertainty to it. Unless we can hear some stories from people in similar situations who were approved. I guess it is a rare visa because I don't recall reading any such stories.

If you decide to remove conditions then you won't need the SB1. But if you don't remove conditions then you will not have a valid green card for travel, and so wouldn't be able to travel to the US again until you did have the SB1. I am not entirely sure if you can apply for the SB1 with an expired condition green card. Well, maybe you can, but you might have to demonstrate a valid reason as to why you were not able to remove conditions :-s

I have managed to convince myself that your best option is just to give up your green card (formally) and then apply through DCF again in the future. Which is a sad thing to conclude, really :-(