Reapply Green Card after Return

[pinkplumage 0]

I asked this question in other forums but would love more idea from friend here on this site. Thank you.

This is my friend story:

My wife US citizenship via Naturalization. My son US citizen via birth, but he's 8 years old. Last year in March, we decided to go back and live in our country because my parents are getting older and no one help them with the family business. It has been over a year. My son was not able to live in our country. So, we sent him back and live with grandparents(my wife parents). Anyhow, I already returned green card. This is my mistake. I should have apply re-entry permit. But, everything is too late now. I don't think it is a good idea for our family to live separate. My wife have to go back and forth every year to live with our son. 5 months in the US and the rest in our country. I am looking to reapply green card. So, my question:

1. Should I apply green card in the US or in our country?

2. My wife live with me. So, we did file tax last year in the US. But, the income wasn't meet the guide line. In other word, what will be the prove of income in the US? (I might use my aunt who live in the U.S. to sponsor us)

3. What form do I need if I apply outside the US? I couldn't really find more detail on this. A link would appreciated.

Thank you for any answer.

[Penguin_ie 5,987]

1. You don't apply, the US Citizen wife petitions for a spousal visa (IR-1). You then have a medical and interview for the visa in your country, and if approved, will get the visa which will lead to a greencard upon immigration.

2. Yes, a co-sponsor such as your aunt is fine.

3. You use the I-130 and associated forms: http://www.visajourney.com/content/i130guide1

[pinkplumage 0]

1. You don't apply, the US Citizen wife petitions for a spousal visa (IR-1). You then have a medical and interview for the visa in your country, and if approved, will get the visa which will lead to a greencard upon immigration.

2. Yes, a co-sponsor such as your aunt is fine.

3. You use the I-130 and associated forms: http://www.visajourney.com/content/i130guide1

Thank you for the answer.

[Penguin_ie 5,987]

***** Moving nfrom AOS to CR1 forum as OP's friend will need to get a spousal visa *****

[pinkplumage 0]

***** Moving nfrom AOS to CR1 forum as OP's friend will need to get a spousal visa *****

sorry for posted on the wrong forum

my friend got a little more question:

1.My wife(citizen) will stay with me in my country until maybe July or August 2012. Is is okay?

2.Form I-130 will need to send to the USCIS Chicago Lock Box, right?

3.We file tax together since I got my first green card. However, they are looking 3 years tax return. 2008 and 2009 might meet the requirement but 2010 when we move back to our country wasn't meet the requirement. As I state early for 2011, I might use my aunt tax. Can we use income out-side of the U.S.?

4.Do I need to get Police Certificate from my country or Embassy will do it?

4.If we got approve, I am going to get spouse visa. When I come in the U.S., do I have to do anything else or they will automatically send me the green card?

Again Thank you for all the answer.

Edited November 19, 2011 by Kathryn41
to remove personal information at OPs request

[Penguin_ie 5,987]

1, That is fine, she can stay till he gets the visa, as long as they have a co-sponsor and she can proof intent to re-establish domicile in the USA (voter registration, valid DL, owning property etc).

2. If the USC wife has lives legally in your country for 6+ months immediately prior to filing, she can file DCF (Direct Consular Filing). ie directly via the US Embassy in your country, see the forum here: http://www.visajourn...ral-discussion/ If she returns before filing then yes, she would need to file via the Chicago Lockbox.

3. No income outside the US counts unless it will continue after immigration (such as an intra-company transfer)). They can either use the co-sponsor, have the USC wife go back to the US and find a job, or sponsor on assets.

4. You'll need a police cert. The embassy will take care of looking at the police stuff from the USA.

5. They will automatically send you the greencard to the address you give. Assuming you will be married 2+ years by the time you arrive back to the USA, it will be an unconditional 10 year greencard, so the only thing left to do is file for naturalisation 3 years later.

Edited November 19, 2011 by Kathryn41
edited to remove personal information by request

[pinkplumage 0]

Thank you for your answer. They are really appreciate your help

My friend and his wife have 9 years old son who live with grandparents in the U.S. They have been married for over 13 years. What prove do they need that she have been in their country for more than 6 months?

She did come back to US and live here for 3 months and did work a little bit, but her income wasn't meet the requirement.

Edited November 19, 2011 by pinkplumage

[Dan & Juan 12]

Deleted by author

Edited November 19, 2011 by Dan & Juan

[Penguin_ie 5,987]

Proof depends on the embassy, but the fact that she worked in the USA will count against her. Good proof would be a lease and bills in her name, voting record, job etc.

[pinkplumage 0]

Proof depends on the embassy, but the fact that she worked in the USA will count against her. Good proof would be a lease and bills in her name, voting record, job etc.

Which one is easier to do DCF or the other? From what I read DCF might be easier to do.

How about chance to get green card from DCF or the other? since My friend surrender his green card last year.

[Penguin_ie 5,987]

DCF is much faster. It is usually a little easier as by the nature of living together for 6+ months, you'll have lots of bonafide relationship evidence.

Not sure what you mean by "How about chance to get green card from DCF or the other?" - both paths, DCF and filing via Chicago, lead to the same visa (IR-1), which means an automatic greencard once you enter the USA.

[pinkplumage 0]

DCF is much faster. It is usually a little easier as by the nature of living together for 6+ months, you'll have lots of bonafide relationship evidence.

Not sure what you mean by "How about chance to get green card from DCF or the other?" - both paths, DCF and filing via Chicago, lead to the same visa (IR-1), which means an automatic greencard once you enter the USA.

Sorry to use the old post. Can my friend use her brother to be Joint Sponsor for Affidavit of Support? She is a little confused because her brother income and his wife income are combine together(married filing joint). His brother income is not meet 125% poverty line, but when their income combine together. It meet the requirement.

So, do they need to file 2X I-864?

[Penguin_ie 5,987]

Yes, she can use the brother as a co-sponsor, brother files I-864, his wife files I-864A.