Jump to content
Sign in to follow this  
vamos

Just Like Starting Over

22 posts in this topic

Recommended Posts

My wife, our daughter and I have been living back in Scotland for a little over a year now. However, we've realised we've made a mistake and want to move back to Texas. (This story may be familiar to some as I posted it under a new ID a little while ago but didn't get much response)

We're trying to work out whether we should try for a returning resident visa or start again from scratch. I'm hoping that someone who has been in a similar situation might have some advice.

At the time, we made a decision based on emotion to come back here since I wanted our daughter to meet my grandparents and had recently found out my grandfather was dying of cancer. Unfortunately, my grandfather passed away a month before we got back and my grandmother had a severe stroke that same week. With this happening I've come to realise that we came back for the wrong reasons and it's been really difficult financially compared with how we were getting on in Texas. I don't think there's much of a case for a returning resident visa but we've kept our U.S bank account open and filed our 2010 taxes. However, there is evidence that we left with the intention to live in Scotland permanently as my wife obtained a marriage visa for the U.K.

If we do start from scratch and get a CR-1 visa how long is the process taking for U.K residents at the moment? Also, are the steps exactly the same as if I had never had a green card or are there parts of it that we can bypass?

If anyone can offer some advice on this I'd be really grateful.

Share this post


Link to post
Share on other sites

My wife, our daughter and I have been living back in Scotland for a little over a year now. However, we've realised we've made a mistake and want to move back to Texas. (This story may be familiar to some as I posted it under a new ID a little while ago but didn't get much response)

We're trying to work out whether we should try for a returning resident visa or start again from scratch. I'm hoping that someone who has been in a similar situation might have some advice.

At the time, we made a decision based on emotion to come back here since I wanted our daughter to meet my grandparents and had recently found out my grandfather was dying of cancer. Unfortunately, my grandfather passed away a month before we got back and my grandmother had a severe stroke that same week. With this happening I've come to realise that we came back for the wrong reasons and it's been really difficult financially compared with how we were getting on in Texas. I don't think there's much of a case for a returning resident visa but we've kept our U.S bank account open and filed our 2010 taxes. However, there is evidence that we left with the intention to live in Scotland permanently as my wife obtained a marriage visa for the U.K.

If we do start from scratch and get a CR-1 visa how long is the process taking for U.K residents at the moment? Also, are the steps exactly the same as if I had never had a green card or are there parts of it that we can bypass?

If anyone can offer some advice on this I'd be really grateful.

There is no returning resident visa. The USC will have to petition for a C R 1 for you because you gave up your green card. The process will not change. It will probably take about 10 to 12 months to get the visa. The USC will need to provide the support docs therefore need U S job & or a co sponsor in the USA. That wont be required for about 6 months or more.

Share this post


Link to post
Share on other sites

There is no returning resident visa. The USC will have to petition for a C R 1 for you because you gave up your green card. The process will not change. It will probably take about 10 to 12 months to get the visa. The USC will need to provide the support docs therefore need U S job & or a co sponsor in the USA. That wont be required for about 6 months or more.

Thanks Ning, do you mean there's no chance of getting a Returning Resident Visa (SB-1) in this case or that the visa itself does not exit? My wife's sister will be our co-sponsor should we need one.

Edited by vamos

Share this post


Link to post
Share on other sites

There is no returning resident visa. Who said so..?

The USC will have to petition for a C R 1 for you because you gave up your green card. The process will not change. It will probably take about 10 to 12 months to get the visa. The USC will need to provide the support docs therefore need U S job & or a co sponsor in the USA. That wont be required for about 6 months or more.


Current cut off date F2A - Aug 22, 2016

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

Share this post


Link to post
Share on other sites

Thanks Ning, do you mean there's no chance of getting a Returning Resident Visa (SB-1) in this case or that the visa itself does not exit? My wife's sister will be our co-sponsor should we need one.

http://travel.state.gov/visa/immigrants/info/info_1333.html i have not reviewed the eligibility for returning residents to know if you all qualifies. IF u must go this route its super fast. if u must start the process over expect 8-10 months to completion.

Thanks Ning, do you mean there's no chance of getting a Returning Resident Visa (SB-1) in this case or that the visa itself does not exit? My wife's sister will be our co-sponsor should we need one.

JUST FOR REVIEW

http://www.***removed***/greencard/returning-resident-visa.html


Current cut off date F2A - Aug 22, 2016

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

Share this post


Link to post
Share on other sites

Thanks Ning, do you mean there's no chance of getting a Returning Resident Visa (SB-1) in this case or that the visa itself does not exit? My wife's sister will be our co-sponsor should we need one.

Here is the criteria for this type of visa. I didnt know there was this type of visa & am sorry for my error. Doesnt change anything in your case I am afraid.

When I read this I dont think it will work for you. It clearly says " circumstances beyond your control". I dont see how it would be " super fast" & it may prove to be an expensive denial coupled with a waste of time. Only you can determine if this will be worth the effort to even try.

A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the U.S. for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the U.S. and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the U.S. due to circumstances beyond his/her control. This webpage is about Returning Resident Visas. If you are an LPR unable to return to the U.S. within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.

Share this post


Link to post
Share on other sites

Ning, I'm aware of the requirements and I agree with you, it could cause a costly denial; both financially and time wise. I've just had a look at the London Embassy website and it looks like DCF might be an option since my wife has Entry Clearance and has been here for over 6 months. We tried it back in the day before we went down the K3 route but at the time we were denied due to my wife only having "Limited Leave to Remain" looks like since they changed the visa system over here they've changed the requirements for DCF. Can anyone confirm this?

Edited by vamos

Share this post


Link to post
Share on other sites

Ning, I'm aware of the requirements and I agree with you, it could cause a costly denial; both financially and time wise. I've just had a look at the London Embassy website and it looks like DCF might be an option since my wife has Entry Clearance and has been here for over 6 months. We tried it back in the day before we went down the K3 route but at the time we were denied due to my wife only having "Limited Leave to Remain" looks like since they changed the visa system over here they've changed the requirements for DCF. Can anyone confirm this?

I'd hate to be wrong twice in one day but I dont think USCIS allows DCF anymore. Check with the embassy there to confirm.

Share this post


Link to post
Share on other sites

I'd hate to be wrong twice in one day but I dont think USCIS allows DCF anymore. Check with the embassy there to confirm.

http://london.usembassy.gov/dhs/uscis/i130filing.html

Oh dear, mate. I have an awful habit of posting questions when deep down I already know the answer, it looks like you may have the opposite :P.

Share this post


Link to post
Share on other sites

I'd hate to be wrong twice in one day but I dont think USCIS allows DCF anymore. Check with the embassy there to confirm.

There is a USCIS field office in London, no change after August 15th for USC's living in the UK and wishing to DCF (if eligible to do so). USC would file the I-130 at the USCIS field office.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

My wife, our daughter and I have been living back in Scotland for a little over a year now. However, we've realised we've made a mistake and want to move back to Texas. (This story may be familiar to some as I posted it under a new ID a little while ago but didn't get much response)

We're trying to work out whether we should try for a returning resident visa or start again from scratch. I'm hoping that someone who has been in a similar situation might have some advice.

At the time, we made a decision based on emotion to come back here since I wanted our daughter to meet my grandparents and had recently found out my grandfather was dying of cancer. Unfortunately, my grandfather passed away a month before we got back and my grandmother had a severe stroke that same week. With this happening I've come to realise that we came back for the wrong reasons and it's been really difficult financially compared with how we were getting on in Texas. I don't think there's much of a case for a returning resident visa but we've kept our U.S bank account open and filed our 2010 taxes. However, there is evidence that we left with the intention to live in Scotland permanently as my wife obtained a marriage visa for the U.K.

If we do start from scratch and get a CR-1 visa how long is the process taking for U.K residents at the moment? Also, are the steps exactly the same as if I had never had a green card or are there parts of it that we can bypass?

If anyone can offer some advice on this I'd be really grateful.

No get out of jail free card, unfortunately you need to start over. An immigration attorney might have a different take on this.,


In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

Share this post


Link to post
Share on other sites

Deary me, if you read the requirements for DCF on the link I posted you'll find that we do qualify for it.

You're right though, you don't know about every Embassy in the world, therefore it would be best if you refrain from posting things of which you are unsure or, even worse, just guessing. It needlessly raises the anxiety levels of people who are already in a stressful situation. I know you're trying to be helpful but it's really important that you research before posting.

I dont know if its me. Its you that admits you post questions you know thw answers to. Mybe you are just lonely or want to condem or critize others. Your riught again though. Its dreary you.

Share this post


Link to post
Share on other sites

There is a deadline of mid-August to file at the embassy, but thereafter you can file at the UK USCIS office. From what we understand, the local USCIS office thing should be the same as DCF before the Aug deadline, but you still have about a week to file at embassy. Good luck!

This is not quite correct, USC's filing in the UK are already being directed to the USCIS Field Office, furthermore, the USCIS field office is on Embassy grounds.

Instructions for Filing an I-130 & I-360 with the U.S. Citizenship & Immigration Services office in London


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

one post removed per op request, two quoting returned below minus the quote.

Deary me, if you read the requirements for DCF on the link I posted you'll find that we do qualify for it.

You're right though, you don't know about every Embassy in the world, therefore it would be best if you refrain from posting things of which you are unsure or, even worse, just guessing. It needlessly raises the anxiety levels of people who are already in a stressful situation. I know you're trying to be helpful but it's really important that you research before posting.

Ning, sorry mate, but you have not been correct on anything in this thread.

OP - YES to DCF. Should be very fast. That is the best option. There is a deadline of mid-August to file at the embassy, but thereafter you can file at the UK USCIS office. From what we understand, the local USCIS office thing should be the same as DCF before the Aug deadline, but you still have about a week to file at embassy. Good luck!

also - stop the baiting....


* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×