Jump to content
Sign in to follow this  
dq2000

Options for visa after being outside US for >1 year

11 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Vietnam
Timeline

hi all!

Our backstory:

Back in 2004 I met my future wife through another friend and we quickly hit it off. She's from Vietnam originally and I'm a US citizen. After meeting a few times and spending a massive amount of time chatting/taking online, we were engaged and I went through the K1 visa process. If I didn't say it enough back then, thanks so much to this site for leading me through the process. This site is a life-saver for sure! Anyhow, she finally arrived in 2009 and we married a few months later.

My issue:

My wife was going through a very tough time the past year with her dad, then her mom, and even her older brother getting very sick, not to mention their financial problems, so she left the US in September of 2015. Our plan was she was going to stay in VIetnam a bit, take of her family, and try to decompress basically. The move here, language barriers, and having to restart a new life in a new country, was difficult. She was over-stressed and it took a toll on us.

My question for the community:

Anyhow, we're at much better place now and she wants to return to the US and our life here. Note this would be after she's been outside the country for more than 1 year. She was a student at a state university, but had to essentially quit (she's planing to restart when she returns). I'm trying to figure out her options and am getting a bit overwhelmed myself figuring it all out. If she stays outside the US for more than a year, as far as I understand it, she officially "abandoned" her Green Card. Is that correct? We made a huge mistake and we didn't realize she should have gotten a re-entry permit, so that option is out of the question. Is a DCF a possibility here or is our only option the IR-1 visa? We're both upset about the length it take to process and am hoping beyond hope that there is another option?? Any help in this matter would be wonderful.

thanks!!

david

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Philippines
Timeline

SB-1 visa might be applicable if you can justify that "unable to return to the United States for reasons beyond their control"

"Permanent resident aliens, who were unable to return to the United States for reasons beyond their control within the travel validity period of the Permanent Resident Card (Green Card), or the Reentry Permit, may apply for a special immigrant Returning Resident (SB1) visa."

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Additional Links:

http://www.cilawgroup.com/news/2014/09/16/sb-1-returning-resident-what-to-do-when-a-green-card-is-abandoned/

https://travel.state.gov/content/visas/en/immigrate/returning-residents.html

http://www.***removed***/greencard/returning-resident-visa.html

Edited by MsCompE

Previous U.S. Visa/Trips
03-10-2014 : B1 issued date
03-24-2015 : B1/B2 issued date
02-26-2016 : Visited my aunt in Corpus Christi
02-27-2016 : Meet Ryan and he asked me out 
03-30-2016 : He proposed before I left U.S.
04-01-2016 : I left U.S. I wish I had enough days to marry him.
But, I have a very important business meeting to physically attend in Cebu on 04/04. I also have a business trip due in Japan for May 2016. 
Circumstances lead me to K-1. 
K1 - Journey
Spoiler

 

04-22-2016 : Sent I-129F Packet
07-20-2016 : Received NOA2
08-01-2016 : NVC Case # assigned
08-25-2016 : Interview Date and APPROVED!!! 
09-03-2016 : VOH
AOS - Journey
Spoiler

12-14-2016 : POE

12-30-2016 : Wedding Day!!!!!!!!!!!!!!!!
01-20-2017 : Sent I-485, I-765, I-131 Packet
01-24-2017 : NOA1 Received Date
02-03-2017 : Received NOA1 Hard Copy
02-04-2017 : Received Biometrics Appointment Scheduled on 02/17
02-08-2017 : Completed Biometrics
04-22-2017 : EAD Update - Card in Production
04-27-2017 : Received EAD & AP Approval Notice
05-01-2017 : Received EAD & AP Combo Card
05-01-2017 : Received EAD & AP Combo Card
11-17-2017 : I-485 Approved Date
11-25-2017 : I-485 Approved Notice Received
11-27-2017 : GC Received at the mailbox. No text/email notification. USCIS Case Status is still at "Fingerprint Fee Received" 
 
 

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam
Timeline

I believe you can apply for SB-1 visa.

"Permanent resident aliens, who were unable to return to the United States for reasons beyond their control within the travel validity period of the Permanent Resident Card (Green Card), or the Reentry Permit, may apply for a special immigrant Returning Resident (SB1) visa."

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Additional Links:

http://www.cilawgroup.com/news/2014/09/16/sb-1-returning-resident-what-to-do-when-a-green-card-is-abandoned/

thanks for the advice! I'm worried about applying for something that so many have described as "difficult". I'm also not sure we can claim she was out of the country because of reason "beyond her control", which i think is the requirement?

I'll look into that more, though..thanks again. :)

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ireland
Timeline

The looking after sick parents, if it was supposed to be a few months and then they stayed sick, could qualify as :out of her control. I think it is worth a try.

DCF won;t work unless you live there too.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Hungary
Timeline

Is her GC still valid? You should have her fly to the US. CBP cannot take her GC unless she signs a paper giving it up. Don't let her do that. The most they can do is refer her to an Immigration Judge, if that happens, you can still fight that.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam
Timeline

Is her GC still valid? You should have her fly to the US. CBP cannot take her GC unless she signs a paper giving it up. Don't let her do that. The most they can do is refer her to an Immigration Judge, if that happens, you can still fight that.

Yes, her GC is still valid for a few more years (she got a 10 year green card i think, back in 2010 or so). I thought they would be able to deny her admission to the US and we'd be forced to fly back? Do you have any idea what the possible outcomes of her coming are? Thanks for the info, BTW.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam
Timeline

The looking after sick parents, if it was supposed to be a few months and then they stayed sick, could qualify as :out of her control. I think it is worth a try.

DCF won;t work unless you live there too.

I also figured a DCF wouldn't be possible, thanks for confirming that. Plus, I'm not sure i could take the time to live over in Vietnam to make that happen anyhow.

I would think looking after parents would suffice as well, but I'm getting conflicting info on the internet (not surprising:)). I'll definitely look more into this. I really appreciate your response!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Hungary
Timeline

Yes, her GC is still valid for a few more years (she got a 10 year green card i think, back in 2010 or so). I thought they would be able to deny her admission to the US and we'd be forced to fly back? Do you have any idea what the possible outcomes of her coming are? Thanks for the info, BTW.

They can't take her LPR status at the border. They can refer her to an Immigration Judge. They may parole her in while giving her a court date. They might detain her until her court date, but that's relatively unlikely.

They may even just let her in and not refer her to a judge.

It would help if you were flying with her and she has some evidence of why she was out of the US for so long (doctor's letter, etc.)


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

Her flying in to the US on her current green card is worth a try. Might help if you were with her to help explain the situation to the CBP. They don't take away her green card without due process, which she'd have a better chance retaining while together on US soil.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam
Timeline

They can't take her LPR status at the border. They can refer her to an Immigration Judge. They may parole her in while giving her a court date. They might detain her until her court date, but that's relatively unlikely.

They may even just let her in and not refer her to a judge.

It would help if you were flying with her and she has some evidence of why she was out of the US for so long (doctor's letter, etc.)

Her flying in to the US on her current green card is worth a try. Might help if you were with her to help explain the situation to the CBP. They don't take away her green card without due process, which she'd have a better chance retaining while together on US soil.

thanks so much for the responses. This is great advice and I'm going to look more into it. I'll probably seek legal advice on this, given how chancy it feels. :)

Edited by dq2000

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Cameroon
Timeline

Have her attempt to get the to U.S. with her greencard with strong evidence why she stayed that long. CBP can still admit you at their discretion. One girl shockingly got admitted on this forum after staying overseas for 5 years and her case was clear abandonment. At the port of entry she explained to CBP officer about her separation and emotional distress from marriage and was let in with no referral whatsoever to a judge. It's all up to the officer she meets.


Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

02/27/2019: Joint I-751/N-400 Interview.

05/14/2019: I-751 APPROVED.

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

01/23/2019: Interview Scheduled for 2/27/2019.

02/27/2019: Joint I-751/N-400 interview. N-400 recommended for approval.

05/16/2019: N-400 APPROVED! Placed in line for oath ceremony.

05/17/2019: Oath ceremony notice mailed.

06/12/2019: Swearing in Ceremony! Finally a U.S. citizen!

 

 

 

 

 

 

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...