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GreatFreeStateOTX

Ridiculously Complicated: Had green card, gave up, moved to Canada, now want to do IR-1

By GreatFreeStateOTX in IR-1 / CR-1 Spouse Visa Process & Procedures

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Darnell
Darnell

ya, no need for all this moving across canada at the moment. file the I-130 nowish, then handle doc intake at NVC then wait for the interview letter then YOU handle yer domicile stuff prior to int

Boiler
Boiler

File and adjust, why make life complicated? PS Obamacare cover for most is a pile of poo, you might want to check what it is you are looking at buying.

Darnell Grand Master

Darnell   8,479

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Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

I need a nap,

as

I've missed a good portion of data points.

That's all I'm gonna say, for the nonce.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Kate52 Explorer

Kate52   5

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Filed: Timeline
Posted

If it were me in your shoes I would move back to the US. You need to establish domicile in the US anyway. I've read that USCIS is expecting to be back to normal processing times (5 months) by May. At least this way you will be happy which is better for your relationship. Get your child's Canadian citizenship -- he may want to go to a university in Canada -- which is a lot cheaper than in the US!

File your papers and stay positive. Look at it as building a happier future for all of you. It's a lot cheaper to live in the US than in Canada! While down there you can look for a good job with healthcare

NikLR Grand Master

NikLR   13,234

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

If it were me in your shoes I would move back to the US. You need to establish domicile in the US anyway. I've read that USCIS is expecting to be back to normal processing times (5 months) by May. At least this way you will be happy which is better for your relationship. Get your child's Canadian citizenship -- he may want to go to a university in Canada -- which is a lot cheaper than in the US!

File your papers and stay positive. Look at it as building a happier future for all of you. It's a lot cheaper to live in the US than in Canada! While down there you can look for a good job with healthcare

Bologna! Depends entirely on WHERE you are living, in either country.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Boiler Grand Master

Boiler   47,526

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

File and adjust, why make life complicated?

PS Obamacare cover for most is a pile of poo, you might want to check what it is you are looking at buying.

“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.”

GreatFreeStateOTX Rookie

GreatFreeStateOTX   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted (edited)

We're all here as we were coming down to see my mom for her 80th birthday in December and also spend Christmas with her and my family as we had not seen them in 3 years. Two babies born in that time so I got to meet my new nieces:) No problems at the border into the US, the officer asked us about what we were doing and we said going to visit family in Texas and stay about 2 weeks or a month and all the regular questions. He also inquired on the US status for hubby and said "I hope you didn't give up your green card" which we said yes he did, he had to. I think that was some kind of test or something. He didn't even check our car and trunk etc. as we've had some of the officers do when going in. We always do our best to abide by the laws -- if we wanted to do it illegally we could have just kept the thing and moved back earlier but we knew that wasn't right and didn't want trouble.

We're in San Antonio; I lived here for 11 years before the moving to Canada thing so I feel more comfortable here (and in the USA in general I have to add. I think probably everyone feels better in their home country.)

My child already has a citizenship card for Canada and was born in US so that's not a problem.

I already had my in laws hounding us about where we were going and how long we'd be away etc. I just got an email from MIL asking when he was coming back.

Edited by GreatFreeStateOTX
Boiler Grand Master

Boiler   47,526

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

Any reason why you can not just stay and adjust?

It would be 2 to 3 months before he could go and get your stuff, you could go sooner.

“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.”

GreatFreeStateOTX Rookie

GreatFreeStateOTX   0

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

As long as that's legal then I would love to do that. If we entered intending to visit (and our baggage is indicative since we have practically nothing with us) and I only even considered him possibly staying just TODAY (I was under the impression that he would definitely have to go back and my question was really do I stay here or go back with him? The point of him going back i thought was a legal one.) I found that some have said it's legal for him to adjust right now, here in the US. As long as that's legal, it sounds like a perfect option. I can establish a domicile, my mom and I can sponsor him, we can do the whole package again and just wait for his AP to go back and retrieve our stuff. All we have with us is what you'd have on a week's vacation or so. I didn't even pack for longer because I figured we would be going back in about 2 weeks to a month and I'd tough it out til then to save space.)

If AOS is legal for him right now, that's what I'd like to do. (If not, we're back to the original question which you all have given me info on.)

From what I gather, it sounds like it's legal for us to file for AOS now. Thoughts?


Hubby is all worried because he had a green card once and had to give it up. He is asking if it is different once you've had one. Can he still AOS right now or is there some special legal provision that would make that not possible? Anyone know about that? I have been looking on the USCIS site and they really don't cover that.

GreatFreeStateOTX Rookie

GreatFreeStateOTX   0

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

Also I don't even know if we have all the documents needed to file like his birth certificate and mine etc. I could get copies made and sent to us but again, we weren't planning on filing so obviously wouldn't prepare for that. We have our passports and her citizenship card but my SSN and the birth certificates etc. are up in Canada.

Boiler Grand Master

Boiler   47,526

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

They do not cover it because it is not any different.

Probably not the common, but there are specific issues, shame he filled the form in.


Hubby is all worried because he had a green card once and had to give it up. He is asking if it is different once you've had one. Can he still AOS right now or is there some special legal provision that would make that not possible? Anyone know about that? I have been looking on the USCIS site and they really don't cover that

.


Also I don't even know if we have all the documents needed to file like his birth certificate and mine etc. I could get copies made and sent to us but again, we weren't planning on filing so obviously wouldn't prepare for that. We have our passports and her citizenship card but my SSN and the birth certificates etc. are up in Canada.

You will need the documentation.

“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.”

Boiler Grand Master

Boiler   47,526

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

The form he completed surrendering his PR Status, forget the number offhand.

“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.”

GreatFreeStateOTX Rookie

GreatFreeStateOTX   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted (edited)

Yes, I was not there so not sure what that was or if it was required etc. I have no knowledge of that aspect of it all. Anyone have experience with that? He doesn't even remember if they gave him a copy of that paper (I assume so but he has ADHD so this stuff is a bit troublesome for him.)

Edited by GreatFreeStateOTX
Boiler Grand Master

Boiler   47,526

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

Yes, I was not there so not sure what that was or if it was required etc. I have no knowledge of that aspect of it all. Anyone have experience with that? He doesn't even remember if they gave him a copy of that paper (I assume so but he has ADHD so this stuff is a bit troublesome for him.)

You said in your first post that he had surrendered his Green Card.

“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.”

NikLR Grand Master

NikLR   13,234

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

It's the I-407

http://www.***removed***/forms/i407-abandonment-lawful-permanent-resident-status.pdf

Says nothing about not being able to AOS at a later date or obtain another green card.

Besides you guys spent 3 years in Canada. The US gov't would have considered it abandoned even if he hadn't turned it in.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

 
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