Just Like Starting Over

[vamos 0]

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.

[Ning 619]

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.

[vamos 0]

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 August 7, 2011 by vamos

[RICARDO4EVA2 194]

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.

[RICARDO4EVA2 194]

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

[Ning 619]

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.

[vamos 0]

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 August 7, 2011 by vamos

[Ning 619]

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.

[vamos 0]

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 .

[Ryan H 3,790]

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 August 7, 2011 by Ryan H

[bigdog 376]

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.,

[Ning 619]

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.

[Ryan H 3,790]

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

[Harpa Timsah 13,258]

All right Ryan. The memo says this all starts August 15.

[Ban Hammer 12,829]

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....