This is a tricky one

[Brother Hesekiel 2,235]

I think you misunderstand the SB-1.

The SB-1 is basically a visa allowing the former Green Card holder to return to the U.S. and file for Adjustment of Status. In order to get it, two requirements need to be met:

1) the former Green Card holder stayed out of the U.S. for reasons beyond his control.

2) the reason that got him the Green Card in the first place needs still be in place.

That means if the former Green Card holder got his card based on marriage, he still would need to be happily married, as his wife would need to file for AoS with him.

[SweetieOne 41]

To qualify, you must provide evidence that you were lawfully admitted as a permanent resident of the United States, departed the United States with the intention of returning, maintained your intention to return to the United States during your stay abroad, and were unable to return for reasons beyond your control.

Sorry I can not find anything that states your #2 on any instrutions or forms for the SB-1

2. the reason that got him the Green Card in the first place needs still be in place.

He has a 10 year green card and his ROC was already processed? how can you help it is your wife decides to leave you for another man and divorce you from foreign

If you are a legal permanent resident and have remained outside the U.S. for over one year without a valid reentry permit, you have jeopardized your legal resident status. If you wish to return to the U.S. as a legal resident, file an application for a Returning Resident (SB-1) visa.

In order to apply for an SB-1 visa, please email KingstonIV@state.gov to request an SB-1 Returning Resident appointment. On your scheduled date, please bring the following documents:

•a valid passport

•your green card

•a completed DS-117 (PDF 296.1K) form

•funds for the 380 USD fee to be paid at the Embassy Cashier

Edited November 16, 2011 by Nattiez

[Inky 1,110]

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!!

That is some rude of her. Best that he got rid of her anyway it seems! shesh!

[SweetieOne 41]

That is some rude of her. Best that he got rid of her anyway it seems! shesh!

Yes, very rude of her. I have too much respect for my husband to say what she was really doing here in the US to make her money to afford to go back and forth. Once he found out he was truly embarrassed and devastated to say the least. Let’s put it this way, it was more than one affair

[Kathryn41 3,205]

Sorry for the confusion, however I have merged two duplicate topics on this subject - one from the AOS from a Family Visa forum and one from the K-3 Visa forum - into one thread and then combined them both together here in the 'Effects of Major Family Changes on Immigration Benefits" forum as a better fit for the topic under consideration.

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Moderator hat off now.

Basically, you have two options depending on whether or not USCIS/US Consulate considers your fiance's green card valid or not. If there is a chance they will accept it as valid by filing the SB-1 petition and you are willing to risk losing the application fee, then he can try and see if they will allow him to return to the US with his previously issued green card. The considerations they will be looking at is his intention when he left the US and his actions since then. Has he tried to return to the US? Has he filed US Income tax returns? Has he resumed permanent residence in Jamaica as opposed to the US or did he still consider the US his home? Personally, I think he will have a hard time under the circumstances proving he had no intention of giving up his green card, if not initially, then by his actions over the last 3 years. It appears that if he had not met you, he would not be interested in returning to the US but would continue to live in Jamaica. If they approve the SB-1, well and good - then he moves back to the US, you two get married (he is divorced now, yes?) and hopefully live happily ever after.

If they deny the SB-1, then basically USCIS/US Consulate are saying he abandoned his permanent residency in the US when he left or during the last 3 years and he is no longer a permanent resident. That means that even though the date on the card is 2016, the card has been cancelled and is no longer valid. He will need to go through the immigration process all over again, this time with you as his sponsor. You can either pursue a K-1 visa which is for a fiancee, or you can have your Jamaican Beach wedding and then file for a CR-1 visa, which would give him another green card when he was allowed to return to the US.