Wife lost her status for being out of country too long. Please help

[stillesgewaesser 5]

Hi,

I apologize in advance for having so many questions, but it's hard to get these answered! Soon I'll be filing an I-130 for wife. She was already a permanent resident before. We foolishly stayed out of the country for over a year without knowing she would lose her status. We came to Germany to spend time with her family. We have a child that was born in the US. We don't qualify for the Returning Resident Visa, so we will have to file for a whole new visa.

How do I make sure in the application that they know she was a permanent resident before? I also don't want them to have a bad impression that she lost it. It was a simple mistake, and she and my child were with me the whole time. Should I explain the situation with a letter included?

What happens to her "old" status when we get her a new visa? Her bank account and other stuff are still open in the US and we can use them. She has a social security number. Will she resume her old status? For example, is the bank account still hers? Are her credit cards still hers? This is confusing to me! Technically she still "exists" in the USA. They don't "know" we're here. We told an officer that we're here and if he could update that we're here. He said it doesn't matter because she already "lost" her status. I wasn't sure if there were any consequences for technically still "existing" in the USA, while being here.

Another question. She originally immigrated to the US 5 years ago and was vaccinated then. Are those vaccines still valid? We want to avoid further vaccines for moral/religious reasons.

Also, I'd like to know the total costs we will be expected to pay. I know we will have to pay $420 for the I-130.

Around $200 for medical exam

$585 for vaccine waiver if she is required to get them

What are other costs I will be expected to pay? including costs when we arrive in the US? I need to know close to exactly how much it will be.

Thank you all for your time and help. It will really help me out greatly!

[speedwell 224]

We want to avoid further vaccines for moral/religious reasons.

Disease organisms don't care about your religious beliefs, and prayer won't help you avoid potentially carrying a disease to someone who can't be vaccinated for legitimate medical reasons like a compromised immune system. I hope you understand why you can't refuse to be vaccinated for "moral" reasons, unless your morality stretches to ignoring sensible public health measures. What next, morally object to washing your hands after using the toilet?

I'm sorry if I sound angry. I am angry. I lost a friend who was taking immunosuppressant drugs for rheumatoid arthritis to a rare complication of measles. Before this crazy vaccination resistance started, measles was practically eradicated in her town.

Edited January 4, 2013 by speedwell

[The Mean Lady 604]

Disease organisms don't care about your religious beliefs, and prayer won't help you avoid potentially carrying a disease to someone who can't be vaccinated for legitimate medical reasons like a compromised immune system. I hope you understand why you can't refuse to be vaccinated for "moral" reasons, unless your morality stretches to ignoring sensible public health measures. What next, morally object to washing your hands after using the toilet?

I'm sorry if I sound angry. I am angry. I lost a friend who was taking immunosuppressant drugs for rheumatoid arthritis to a rare complication of measles. Before this crazy vaccination resistance started, measles was practically eradicated in her town.

The disease may not, but I believe the government does and you can apply to have the vaccines waived.

[stillesgewaesser 5]

Disease organisms don't care about your religious beliefs, and prayer won't help you avoid potentially carrying a disease to someone who can't be vaccinated for legitimate medical reasons like a compromised immune system. I hope you understand why you can't refuse to be vaccinated for "moral" reasons, unless your morality stretches to ignoring sensible public health measures. What next, morally object to washing your hands after using the toilet?

I'm sorry if I sound angry. I am angry. I lost a friend who was taking immunosuppressant drugs for rheumatoid arthritis to a rare complication of measles. Before this crazy vaccination resistance started, measles was practically eradicated in her town.

I really don't have the time or interest in debating with a random person on the internet regarding this. Thanks!

[Leatherneck 693]

Hi,

I apologize in advance for having so many questions, but it's hard to get these answered! Soon I'll be filing an I-130 for wife. She was already a permanent resident before. We foolishly stayed out of the country for over a year without knowing she would lose her status. We came to Germany to spend time with her family. We have a child that was born in the US. We don't qualify for the Returning Resident Visa, so we will have to file for a whole new visa.

How do I make sure in the application that they know she was a permanent resident before? I also don't want them to have a bad impression that she lost it. It was a simple mistake, and she and my child were with me the whole time. Should I explain the situation with a letter included?

What happens to her "old" status when we get her a new visa? Her bank account and other stuff are still open in the US and we can use them. She has a social security number. Will she resume her old status? For example, is the bank account still hers? Are her credit cards still hers? This is confusing to me! Technically she still "exists" in the USA. They don't "know" we're here. We told an officer that we're here and if he could update that we're here. He said it doesn't matter because she already "lost" her status. I wasn't sure if there were any consequences for technically still "existing" in the USA, while being here.

Another question. She originally immigrated to the US 5 years ago and was vaccinated then. Are those vaccines still valid? We want to avoid further vaccines for moral/religious reasons.

Also, I'd like to know the total costs we will be expected to pay. I know we will have to pay $420 for the I-130.

Around $200 for medical exam

$585 for vaccine waiver if she is required to get them

What are other costs I will be expected to pay? including costs when we arrive in the US? I need to know close to exactly how much it will be.

Thank you all for your time and help. It will really help me out greatly!

Yes sir, there are very serious consequences (as you now know first hand) for staying outside of the U.S. beyond a year without obtaining a re-entry permit prior to leaving the country. You need to file a new I-130 Petition to get the process started again.

They will know she had a GC and subsequently "abandoned" her status. She will be issued a new IR-1 Visa to enter the U.S. and new 10 yr GC after a couple of weeks of her return to the USA.

[Darnell 8,478]

Loto's Wiki Page - http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

suggest you read that, make a plan based on what you read.

[bsd058 296]

Speedwell, you really haven't added anything of importance to the conversation. You disagree with the OP. So do I. But that's irrelevant. Just move on if you can't help them regarding immigration.

Edited January 5, 2013 by Kathryn41
edited to remove quoted post also removed

[NikLR 13,220]

As per costs you'll have to pay the I-130 fee, the $88 for the Affidavit of Support and the $240 visa fee and the new $125 green card fee. The medical exam costs can vary and probably require a bit of research into panel physicians in Germany. I wouldn't count on them being the same as last time. If she has proof of the vaccination from before then she won't need them again. The physician she received them at last time should have her record if she doesn't. At most they'd ask for a flu vaccine but if you try to time it so it's not within flu season that would save you the vaccination waiver fee.

[speedwell 224]

Speedwell, you really haven't added anything of importance to the conversation. You disagree with the OP. So do I. But that's irrelevant. Just move on if you can't help them regarding immigration.

OK, you're right, I made it not about immigration. Sorry about that. Carry on.

[stillesgewaesser 5]

OK, you're right, I made it not about immigration. Sorry about that. Carry on.

I understand perfectly why you would disagree with our choices. But you don't know our reasons, and they are not based on anything religious. Being a seemingly reasonable person, I'm almost certain you'd understand our reasons. I just don't want discuss it here, as it's not what this thread's about.

[stillesgewaesser 5]

As per costs you'll have to pay the I-130 fee, the $88 for the Affidavit of Support and the $240 visa fee and the new $125 green card fee. The medical exam costs can vary and probably require a bit of research into panel physicians in Germany. I wouldn't count on them being the same as last time. If she has proof of the vaccination from before then she won't need them again. The physician she received them at last time should have her record if she doesn't. At most they'd ask for a flu vaccine but if you try to time it so it's not within flu season that would save you the vaccination waiver fee.

Thanks! Will I have to pay the green card fee when I'm in the US or while I'm here?

I've already figured out the cost for medical exam, it's around $200. She does have her record, but it was 5 years ago that she got them.

Thanks for the advice about the flu vaccine.

[NikLR 13,220]

Most of us are vaccinated as children and never have to receive the vaccinations again. Tetanus is one that lasts for 10 years. Anything else would be more than fine I'm sure.

I believe you have to pay the green card fee at anytime in the first year. There are some threads on here about it you can look up the info on I'm sure (or google...) Hehe

[Leatherneck 693]

Thanks! Will I have to pay the green card fee when I'm in the US or while I'm here?

I've already figured out the cost for medical exam, it's around $200. She does have her record, but it was 5 years ago that she got them.

Thanks for the advice about the flu vaccine.

You pay the new USCIS Immigrant fee of $165 online and after the Embassy issued visa so as not to delay delivery of the GC.

[hikergirl 277]

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3384cc5222ff5210VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD

Q. What will happen if I refuse to receive one or all of the required vaccines?

A. Tell the civil surgeon if you do not wish to receive the required vaccines or a particular vaccine. You should also tell the civil surgeon the reason you do not wish to receive the vaccine(s). In this case, a waiver may be available to you, but only under the following circumstances:

You are opposed to vaccinations in any form– that is, you cannot obtain a waiver based on an objection only as to one vaccination

Your objection must be based on religious beliefs or moral convictions; and

The religious or moral beliefs must be sincere.

The form used to apply for a waiver depends on the adjustment category under which you are seeking legal permanent residence status. For example, refugees and asylees seeking adjustment of status should file Form I-602, Application by Refugee for Waiver of Grounds of Excludability. Individuals seeking adjustment of status as a result of an approved Form I-130, Petition for Alien Relative, or Form I-140, Immigrant Petition for Alien Worker, would file Form I-601, Application for Waiver of Grounds of Inadmissibility.

In my opinion, you may have a tough time getting a waiver for immunizations (if any are required) because your wife has already been vaccinated for her previous Green Card.

You may qualify to file for DCF (direct consular filing) from Germany which would speed up the process for you.

Good Luck.

[NikLR 13,220]

You pay the new USCIS Immigrant fee of $165 online and after the Embassy issued visa so as not to delay delivery of the GC.

Thanks had the cost wrong. Since you can use your stamp in your visa for up to a year you actually have a year to pay the fee. They suggest/recommend/want/ tell you to pay it between the DOS and moving to the USA Obviously getting the physical green card faster would be ideal but as moving can be quite expensive, some people may want to wait.

Found the link btw: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a2bb75e8109b310VgnVCM100000082ca60aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD