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koberod

Desperately need help, don't know where to start

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Filed: IR-1/CR-1 Visa Country: France
Timeline

I will try and be as brief as possible.

After a long process, my wife received her green card. We were finally starting our family together in the US. Life was great.

At the last doctor visit before moving to the US from france, she noticed there were some serious issues. These issues then turned into something that needed to be monitored every 6 months by the same doctor. This all happened about 3 months after living together in the US.

My wife has big student loans that I can't take care of from my salary alone, so she needed to work to generate income. While still a conditional resident (first 2 years run out next April), we've spent the majority of our time here in France with her family and doctors. She has also started a job to make money but plans on transfering as soon as her livered is declared healthy.

We may have to be in France for the next 1, 2 or 3 years. But above all, we don't want to abandon her green card status and it IS our ultimate goal to permanently live in the US. However, given the combination of health issues and financial stress via student loans, we're worried that the only thing we can do is move back tot he US, risk her health and our finances (as she won't have a job and won't have her doctor, and as it may be difficult for us to afford insurance w/o both working, especially since she has a pre-existing condition....)

As I mentioned, we're still in the condiitonal 1st 2 years of a green card, and would like to renew in April for the 10 year green card. So we haven't applied for a re-entry permit because that will only last until April (the date of renewal). What (if anything) can we do in order to safely stay out of the US for up to 2-3 years, given the above information? Please, any help would be MUCH appreciated, as our health, family and finances have taken a hit due to this health issue :(

Thanks so much and please don't hesitate to ask any additional questions for clarification.

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I doubt she would be able to maintain her green card, and you two don't even know when she gets well so it is really difficult. There is one thing SB-1 visa to allow you return to the US if something medical prevents you coming back for a long time (a coma) but I don't know if your spouse is qualified. Her health is important so you can always start spousal from scratch, DCF is not that long to wait. Good luck.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Filed: IR-1/CR-1 Visa Country: France
Timeline

I doubt she would be able to maintain her green card, and you two don't even know when she gets well so it is really difficult. There is one thing SB-1 visa to allow you return to the US if something medical prevents you coming back for a long time (a coma) but I don't know if your spouse is qualified. Her health is important so you can always start spousal from scratch, DCF is not that long to wait. Good luck.

Thanks for your response Nancy. You've mentioned DCF isn't that long, and honestly we wouldn't mind going through that process again. What we're concerned about is that, this medical issue will make it impossible for us to live in the US and get the 10 year renewal. We're not sure what to do in the case that we're forced to stay in France.

For example, say April 2015 comes along and we don't renew the green card due to persisting medical issues. Would my wife be permanently red-listed or stopped from becoming a US permanent resident and eventual citizen, as we originally hoped? Would she be able to travel to the states on a tourist visa with me to visit my family, or would she effectively be banned from the US permanently? And, if she was forced to abandon her green card for these issues, will it make it harder for us to go through the process again and obtain a green card once we're sure her health is in order?

I've been continuing to pay taxes in the US and own a property in the US, so I do have ties there that should hopefully help our case. But above all, we want to do whatever is necessary (and realistic/beneficial given the health issues) in order to avoid being blacklisted or avoid making it impossible for my wife to come to the US and live and work there when she's healthier....

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DCF that means your wife will drop the green card, focus on health. When her health gets better, do DCF in France. By that she will be able to receive a 10yr card when she gets back to the US when she are well.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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