What to do after green card abandonment?

[decarrion 0]

My wife came to the US on a K1 visa in June 2008. She received her conditional 2 year green card on July 2009. She returned to her country on Nov 2010 before she applied for to I-175 removal of conditions. Due to family illness she did not return and let the green card expired in July 2011.

It has now been 2 years and 2 months since she left the US. I have visited her on 5 occasions during the last 2 years and we have remianed married. Now she is ready to return. Today I was looking on the USCIS website on petitioning her on the I-130. I was reading the instructions on filling out this form and on page 1 it states who may not fill out a 1-130. On page 2 #6 it says your spouse has lived outside the US, after the marriage, for a period of at least 2 years. Based on this I cant used this form. Does anyone know what to do or what form to use or is there no chance for her to return?

[loveydovey 2]

try to apply for a returning resident visa if she qualifies..

[PA132 5]

#6 says you can't file I-130 if you married your spouse while they were under some sort of deportation proceeding UNLESS they have been outside for at least 2 years after the marriage.

Basically that means that people who got married while being kicked out of the country can't file the I-130 until they've been somewhere else for 2 years, kind of as an assurance that the marriage wasn't just a get-out-of-deportation quick scheme.

So this line doesn't apply to you, you're fine.

[decarrion 0]

#6 says you can't file I-130 if you married your spouse while they were under some sort of deportation proceeding UNLESS they have been outside for at least 2 years after the marriage.

Basically that means that people who got married while being kicked out of the country can't file the I-130 until they've been somewhere else for 2 years, kind of as an assurance that the marriage wasn't just a get-out-of-deportation quick scheme.

So this line doesn't apply to you, you're fine.

Thanks. That was what I was thinking. I was not sure that the other words such as exclusion, removal, or rescission proceedings for her her to remain in the US was applicable to her as her status was terminated due to her not applying for the I-175.