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Returning Resident SB-1 visa- how likely?

By ys123 in What Visa Do I Need - Family Based Immigration

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ys123 Contributor

ys123   4

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
Posted (edited)

Hi everyone,

I am Japanese and have been married to a US citizen for 12 years with two children. I had a valid Green Card(valid until 2015) when we moved from the US to Australia in 2007. My husband wanted complete a masters degree here. As soon as we moved here, we found out I was pregnant. I couldn't return to the US within 12 months as I didn't want to travel with our newborn(30 hours traveling is hard enough...). It took my husband 3.5 years to complete studying as a part time student since he had to support us financially. After that, he got promoted at work, so we've remained in Australia.

My question is, how likely would I get the SB-1 visa? I know it is a special visa and really hard to get. We have my husband's parents in the US, have filed joint tax returns every year with my name as his spouse, have bank accounts, investment accounts and valid credit cards. I didn't work or study in Australia.

We actually filed I-130 in April to apply a new Green Card. Of course we haven't heard anything after NOA1 due to this ridiculous backlog they are having. Now we are told it would take another 6 months to wait until NOA2. We didn't expect it would take such a long time when we filed 1-130, so we are considering SB-1 visa now.

Any information/advise would be helpful. Thanks!!

Edited by ys123

USCIS

04/15/13- NOA1

12/11/13- Transferred to NSC

01/31/14- NOA2

(291 days)

NVC

02/03/14- Shipped to NVC

02/14/14- NVC received

02/27/14- Email from NVC, received Case Number, IID number, Beneficiary ID Number

02/27/14- Completed DS-261

03/01/14- Paid AOS fee

03/04/14- AOS fee shows PAID

03/07/14- AOS package sent from Australia

03/17/14- AOS package was delivered to NVC

03/14/14- IV bill issued by email

03/17/14- IV bill available to pay online - paid

03/18/14- IV package sent from Australia(3/17 US time)

03/19/14- IV fee shows PAID

03/20/14- AOS in the system

03/20/14- DS-260 completed

03/25/14- IV package delivered to NVC

03/27/14- IV in the system

04/02/14- False Checklist Cover Letter Email from NVC

04/14/14- Real checklist for original birth certificate

04/18/14- checklist document delivered to NVC

04/22/14- checklist document entered in the system

05/08/14- Case Complete finally!!!

05/13/14- Interview scheduled

05/14/14- IL email

06/03/14- Interview in Sydney!

( 414 days from NOA1...! )

Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

It's highly unlikely you will be able to receive an SB-1 visa. To do so you must prove that it was always your intention to return to the US, and the circumstances that kept you overseas were exigent and beyond your control. You could have chosen to return to the US at any point a few months after giving birth but chose not to (understandably). For those reasons I doubt you have any chance of receiving a returning resident visa, and will have to wait out the process for obtaining an immigrant visa.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

ys123 Contributor

ys123   4

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
  • Author
Posted

Hi Hypnos,

yes, I think it'd be unlikely...but I just wanted to hear what other people would think. Thank your for your advise!

USCIS

04/15/13- NOA1

12/11/13- Transferred to NSC

01/31/14- NOA2

(291 days)

NVC

02/03/14- Shipped to NVC

02/14/14- NVC received

02/27/14- Email from NVC, received Case Number, IID number, Beneficiary ID Number

02/27/14- Completed DS-261

03/01/14- Paid AOS fee

03/04/14- AOS fee shows PAID

03/07/14- AOS package sent from Australia

03/17/14- AOS package was delivered to NVC

03/14/14- IV bill issued by email

03/17/14- IV bill available to pay online - paid

03/18/14- IV package sent from Australia(3/17 US time)

03/19/14- IV fee shows PAID

03/20/14- AOS in the system

03/20/14- DS-260 completed

03/25/14- IV package delivered to NVC

03/27/14- IV in the system

04/02/14- False Checklist Cover Letter Email from NVC

04/14/14- Real checklist for original birth certificate

04/18/14- checklist document delivered to NVC

04/22/14- checklist document entered in the system

05/08/14- Case Complete finally!!!

05/13/14- Interview scheduled

05/14/14- IL email

06/03/14- Interview in Sydney!

( 414 days from NOA1...! )

Boiler Grand Master

Boiler   45,656

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Only one way of finding out for certain.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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