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Paul's Mrs.

Returning resident. Don't know where to start

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I'm not sure where to restart my journey. My husband is Australian and he entered the U.S. on his conditional resident visa. We lived there for about a year when his stepmother got Motorneuron disease at the same time his grandfather passed away. So we returned to Australia to look after his father as he was really suffering. We didn't realise that we needed to file a leave of absence. In the meantime, we filed our AOS and went home for all of the appointments since our intention was always to return home. It took longer than expected so when we moved back home, we were told at the border that his Greencard had been cancelled. We were shocked. So we stayed for about 6 weeks and came back to Australia. We have now been living here for 5 years total and really want to move home especially after we have our first born later this year.

I think we are supposed to file a DS-117, Returning Resident Status but it doesn't look hopeful. Has anyone else done this? I'm really upset. I never realised that we were breaking any rules.


I-130 Sent : 2008-06-14

I-130 NOA1 : 2008-06-20

I-129F Sent : 2008-07-17

I-129F NOA1 : 2008-07-21

I-129F NOA2 : 2008-09-26

Touched - 2008-07-23

Touched - 2008-09-18

Touched - 2008-09-19

Emailed DS3230 - 10-08-08

Received AOS Package - 10-14-08

Paid AOS Bill - 10-15-08

Mailed hard copy DS3230 - 10-15-08

NVC Received DS3230 - 10-20-08

Paid IV Bill - 10-23-08

IV Bill Paid - 10-24-08

Mailed IV Package - 10-23-08

Received DS-230 at NVC - 10-24-08

CASE COMPLETE - 11-5-08

Interview - 1-13-09

Visa in Hand - 1-20-09

POE - LAX - 1-22-09 Woohoo!!!!

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How long were you both gone the first time you left?

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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An SB-1 returning resident visa will not be granted after five years outside of the US.

You will need to begin the process over, and (re-)petition him again through the I-130 process seeking an IR-1 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

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I assume you're a U.S citizen, and yes you will need to petition a new I-130 for him. I was also a U.S permanent resident and we're doing it all over again, we left the u.s in 2012.


Married 2001, conditional resident 2003, permanent resident 2005.Left U.S 2012, abandoned green card 2013.Applied I-130 Nov 2014, approved Dec 2014. DS260 13th Apr 2015. Docs sent 27 Apr. Scan date May 1. Case complete June 4!Interview July 14th, rescheduled to Oct 20th. Approved! <p>I'm the immigrant :)

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Although...when the border agent told him his greencard was cancelled, did they also force him to fill in an abandonment form or does he still have his greencard? If so, perhaps the SB-1 visa would be an option, since you left due to relatives illness.

Step 1 - Qualifying for Returning Resident Status

Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you:

  • Had the status of a lawful permanent resident at the time of departure from the United States;
  • Departed from the United States with the intention of returning and have not abandoned this intention; and
  • Are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.


Married 2001, conditional resident 2003, permanent resident 2005.Left U.S 2012, abandoned green card 2013.Applied I-130 Nov 2014, approved Dec 2014. DS260 13th Apr 2015. Docs sent 27 Apr. Scan date May 1. Case complete June 4!Interview July 14th, rescheduled to Oct 20th. Approved! <p>I'm the immigrant :)

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After five years that stands no chance of success.


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

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Although...when the border agent told him his greencard was cancelled, did they also force him to fill in an abandonment form or does he still have his greencard? If so, perhaps the SB-1 visa would be an option, since you left due to relatives illness.

Step 1 - Qualifying for Returning Resident Status

Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you:

  • Had the status of a lawful permanent resident at the time of departure from the United States;
  • Departed from the United States with the intention of returning and have not abandoned this intention; and
  • Are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.

An SB-1 application will fail because of the third requirement listed here. The stay was, by USG standards, not for reasons beyond your control. The illness and care of a parent does not meet this requirement --- if the LPR had fallen ill and could not travel, it would. Won't be speedy, but a new I-130 seems like the only possibility.

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Thanks everyone. So helpful. Looks like we will begin the new I-130 again. Can't believe we have to start this all over. Oh well.


I-130 Sent : 2008-06-14

I-130 NOA1 : 2008-06-20

I-129F Sent : 2008-07-17

I-129F NOA1 : 2008-07-21

I-129F NOA2 : 2008-09-26

Touched - 2008-07-23

Touched - 2008-09-18

Touched - 2008-09-19

Emailed DS3230 - 10-08-08

Received AOS Package - 10-14-08

Paid AOS Bill - 10-15-08

Mailed hard copy DS3230 - 10-15-08

NVC Received DS3230 - 10-20-08

Paid IV Bill - 10-23-08

IV Bill Paid - 10-24-08

Mailed IV Package - 10-23-08

Received DS-230 at NVC - 10-24-08

CASE COMPLETE - 11-5-08

Interview - 1-13-09

Visa in Hand - 1-20-09

POE - LAX - 1-22-09 Woohoo!!!!

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