This is a tricky one

[LIFE'SJOURNEY 970]

He just hit 3 year in October ;(, I wanted my jamaican beach wedding but whatever works best for this kind of situation..

So you are saying he has been out of the US for 3 years, then he have abandoned his green card. He hasn't file US taxes for the last 3 years, and he didn't hold residence in the US. I wouldn't try to come back thru POE with this latest information.

Seek advise from immigration lawyer.

[Inky 1,110]

Also, If I have to start over for him, it looks like I will have to file at the Nebraska Service Center and it looks like they are on a back date from 2008 (WHAT)!!

Sorry but you don't file at Nebraska service center no idea where you get that from..... If you get married you file at Chicago lock box. If you have to petition for fiance then you file at the Texas sorting center and it goes to Vermont or California from there..

I-130 Spousal http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I-129F Fiance http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[RICARDO4EVA2 194]

This information changes everything, forget ROC, his green card is still valid. The divorced had nothing to do withhis Green card, he just didn't want to come back to the states. Now on to the real problem, he has been out of the US longer than 12 months. This is the only and real problem. He can come back if he wants to.

correct.. divorce had nothing to do with him being out the USA that was by choice. for him to return to the USA he now had to prove he had traveled to his home country and was temporary and so maintained domicile in the USA.

[RICARDO4EVA2 194]

Really, you just gave me some hope on this !! Thank-you, Thank-you, Thank-you!!! I am going to call him tonight and have him take all his information to an attorney and see what we can do to get this handled.. I have been so depressed over this, you have no idea…

Jah Bless

A lawyer isnt likely to provide any assistance. He will need to contact the consulate in his home country and they will send him the from to complete and he would email it to them. An appointment would scheduled. It works the SAME way for someone who has lost his/her green card WHILE overseas. He is to PROVE that he departed the USA and that was TEMPORARY. So is he employed there...? You mention he has been gone for more than 12 months.. how long did he actually leave...? DID he maintain a DOMICILE or Residence in the USA..? That's one of the most important. The green card holder is responsible to know the terms/conditions/provisions of ACCEPTING the green card.

[RICARDO4EVA2 194]

So you are saying he has been out of the US for 3 years, then he have abandoned his green card. He hasn't file US taxes for the last 3 years, and he didn't hold residence in the US. I wouldn't try to come back thru POE with this latest information.

Seek advise from immigration lawyer.

Just saw this... he didnt plan on going back.. so i assume he's working and all..? If he established or re-established residence over seas he can count it out and would need to re-file if you ask me.

[SweetieOne 41]

OK- It states "Who May not File Form I-130"

5. A Husband or wife, if you gained lawful permanent resident status by virtue of a prior marriage to a US citizen or lawful permanent resident, unless:

A. A period of five years has elapsed since you became a lawful permanent resident: or

B. You can establish by clear convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws.

I am so confused by all this and feeling that he may not be allowed to come be with me.

What does this mean??

Help

[rika60607 215]

It means he can not file I-130 for his wife, luckily, he does not need to.

YOU can file I-130 for him

OK- It states "Who May not File Form I-130"

5. A Husband or wife, if you gained lawful permanent resident status by virtue of a prior marriage to a US citizen or lawful permanent resident, unless:

A. A period of five years has elapsed since you became a lawful permanent resident: or

B. You can establish by clear convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws.

I am so confused by all this and feeling that he may not be allowed to come be with me.

What does this mean??

Help

[Darnell 8,478]

where are YOU now ?

[SweetieOne 41]

where are YOU now ?

I am in the US and he is currently in Jamaica. I was confused by the wording. As he obtained his original papers through is previous marriage. However, it seems as if he has Abandoned his green card. When I did contact the embassy in Kingston they suggested that he file the SB-1 (DS-117 Form), not sure if that will work as he did not maintain a job here or a bank account and stayed in Jamaica for 3 years too long. However, he is now on my lease, my bank account and he is in the process of being on my medical.

[Darnell 8,478]

ok

so

mostly, if he can get into the USA,

he doesn't need any green card.

maybe.

so try the SB-1 (he must file this, not you)

expired travel document is useless if he has a green card.

Edited November 16, 2011 by Darnell

[SweetieOne 41]

Has anyone ever had to complete or know any information of filling the SB-1 (DS-117 Form)? Would like to know how hard it is to get approved and if it is worth trying...

Any Advice woud be great.

Thanks,

Nattie

[VanessaTony 3,567]

How hard it is going to be approved depends on your circumstance. I don't think it's EASY but if you have a good reason for abandoning your status then you should be okay.

[Inky 1,110]

Its always a good idea to post the reason you need to file for it when asking questions like this. No one can help you without information.

He has been outside the USA for 3 years and wants to file for the SB-1 to re-enter. The reason he left was divorce of the woman he got the green card from.

According to your other post about this issue. Any details or updates are best posted so that people can help you accurately.

[SweetieOne 41]

Its always a good idea to post the reason you need to file for it when asking questions like this. No one can help you without information.

He has been outside the USA for 3 years and wants to file for the SB-1 to re-enter. The reason he left was divorce of the woman he got the green card from.

According to your other post about this issue. Any details or updates are best posted so that people can help you accurately.

He and his ex wife had on going issues in their marriage. However, they both lived in Jamaica and the US (back and forth), however when they returned to Jamaica the last time togahter, she left him and returned to the US without him!! He had no way to find her, sometime after that he was served with divorce papers!!

[SweetieOne 41]

To be honest with you, he did not have the financial means to return to the US and start a life in by himself. He also never believe he would marry again until we met. We just want to try this option as his green card will not expire until 2016. Seems less expensive and hassle this way rather than starting over.

Edited November 16, 2011 by Nattiez