Second Time Green Card Process

[raiser 0]

Hi. Just wondering if anyone had any insight about applying for the green card for a second time. Meaning that they had one, abandoned it, and then would like to enter the U.S. again so applying with an I-130. Are there any differences in the process, any way to expedite it, or any issues that anyone has encountered?

 

My story in short:

My husband and I were living in the U.S. He is Canadian and applied and received a green card while we were living there. We then moved to Canada with our child. Now we would like to move back to the U.S. with our children (all of them U.S. citizens through Consular Report of Birth Abroad).

 

TIA

[Georgia16 2,858]

No it won't be any faster. 

 

You will be filing for a spouse visa IR-1 (Married over 2 years) that will give him a 10-year GC when he gets here.

 

It'll take about a year to get. I don't know if Canada have DCF but if they do then that will be faster.

[Ryan H 3,925]

2 hours ago, Georgia16 said:

I don't know if Canada have DCF but if they do then that will be faster.

 

DCF is not available in Canada.

[Georgia16 2,858]

24 minutes ago, Ryan H said:

 

DCF is not available in Canada.

Okay then that one is closed. Then it's the normal spousal visa route you'll have to take.

[raiser 0]

Thanks everyone.

I already filed last September and I'm waiting for the NOA2. It's just taking FOREVER and I didn't know if there was some way to speed it up. I'd like to have my kids in school this coming September and it would make my life infinitely easier if my husband was with us.

Any other differences with filing the IV and AOS? Interview?

[Ryan H 3,925]

2 minutes ago, raiser said:

Any other differences with filing the IV and AOS? Interview?

 

No

[sk23 7]

1 hour ago, raiser said:

Thanks everyone.

I already filed last September and I'm waiting for the NOA2. It's just taking FOREVER and I didn't know if there was some way to speed it up. I'd like to have my kids in school this coming September and it would make my life infinitely easier if my husband was with us.

Any other differences with filing the IV and AOS? Interview?

If this makes you feel any better -- mine was accepted in March last year, and still nothing. It seems to be an exception rather than a rule though, so you might have better luck. I'm telling you this because a year ago I was pretty sure that my wife and children would be in the US by school year. When that didn't materialize I had to scramble, and the situation is still not looking very good in terms of finances, storage, job prospects, and most important of all, the patience of the person who agreed - a year ago - to be my sponsor.

 

So my advice to you is, don't think like I used to that the process from Canada to the States should be quick an easy. Plan your affairs for at least one more full year in Canada from now; if things go faster, you'll be pleasantly surprised.

Edited March 7, 2017 by sk23
crazy - the system replaces a word

[raiser 0]

2 hours ago, sk23 said:

If this makes you feel any better -- mine was accepted in March last year, and still nothing. It seems to be an exception rather than a rule though, so you might have better luck. I'm telling you this because a year ago I was pretty sure that my wife and children would be in the US by school year. When that didn't materialize I had to scramble, and the situation is still not looking very good in terms of finances, storage, job prospects, and most important of all, the patience of the person who agreed - a year ago - to be my sponsor.

 

So my advice to you is, don't think like I used to that the process from Canada to the States should be quick an easy. Plan your affairs for at least one more full year in Canada from now; if things go faster, you'll be pleasantly surprised.

That's WAY too long! Why is yours taking so long for you to get an NOA2? They are processing August 2016 now! Have you called? Submitted an inquiry? That's crazy.

[sk23 7]

58 minutes ago, raiser said:

That's WAY too long! Why is yours taking so long for you to get an NOA2? They are processing August 2016 now! Have you called? Submitted an inquiry? That's crazy.

I've called, and got a senator to call, and applied to the ombudsman with no results so far. The case doesn't even show up on the USCIS website despite NOA1 having been received in March 2016. The funny thing is, our case is really straightforward, kind of like the OP's. Canadian spouse, kids are US citizens through CRBAs, and all that. I must have fallen through the cracks... So it does happen.

Edited March 7, 2017 by sk23

[Renew17 4]

22 hours ago, raiser said:

Hi. Just wondering if anyone had any insight about applying for the green card for a second time. Meaning that they had one, abandoned it, and then would like to enter the U.S. again so applying with an I-130. Are there any differences in the process, any way to expedite it, or any issues that anyone has encountered?

 

My story in short:

My husband and I were living in the U.S. He is Canadian and applied and received a green card while we were living there. We then moved to Canada with our child. Now we would like to move back to the U.S. with our children (all of them U.S. citizens through Consular Report of Birth Abroad).

 

TIA

I lived in the States for 14 years. I then worked in Europe for the past 5 years and now applying a second time. Abandoned my green card with an I-407. The process is the same the second time around. No expedite for us, unfortunately.

[nightingalejules 678]

I hope your I-130 goes through quickly... good luck! I did want to chime in though, since Montreal tends to be pretty tough about "reestablishing domicile." So if it looks like you might be nearing the interview part, it might actually be a good idea for you and the kids to move down to the states, get a place, get the kids enrolled in school etc. That way when the consular officer asks about it, your husband will have a good, long list of all the things you've done, and he'll get approved even faster!

[raiser 0]

On 3/7/2017 at 0:32 AM, sk23 said:

I've called, and got a senator to call, and applied to the ombudsman with no results so far. The case doesn't even show up on the USCIS website despite NOA1 having been received in March 2016. The funny thing is, our case is really straightforward, kind of like the OP's. Canadian spouse, kids are US citizens through CRBAs, and all that. I must have fallen through the cracks... So it does happen.

Did your case ever show up on the myCaseStatus? Seriously, I'd be banging down doors by now. Can you stop the current paperwork and then start again? Might be faster if they really did lose your file. Don't be "Canadian" about it! 

 

On 3/7/2017 at 2:59 PM, nightingalejules said:

I hope your I-130 goes through quickly... good luck! I did want to chime in though, since Montreal tends to be pretty tough about "reestablishing domicile." So if it looks like you might be nearing the interview part, it might actually be a good idea for you and the kids to move down to the states, get a place, get the kids enrolled in school etc. That way when the consular officer asks about it, your husband will have a good, long list of all the things you've done, and he'll get approved even faster!

I'm going to register my kids for school down there. I'll have to move down without my husband if it gets too close to the end of the summer. Not looking forward to that too much. 3 boys, new house, city, school, and me. Fab.

[sk23 7]

On 3/13/2017 at 6:41 PM, raiser said:

Did your case ever show up on the myCaseStatus? Seriously, I'd be banging down doors by now. Can you stop the current paperwork and then start again? Might be faster if they really did lose your file. Don't be "Canadian" about it! 

I just got the notice that they've finally approved my petition. I think the senator's involvement is what helped. Thank you for your encouragement

 

On 3/13/2017 at 6:41 PM, raiser said:

I'm going to register my kids for school down there. I'll have to move down without my husband if it gets too close to the end of the summer. Not looking forward to that too much. 3 boys, new house, city, school, and me. Fab.

That's the kind of thing I might have to do as well. Hopefully you can find a better solution!

[raiser 0]

22 minutes ago, sk23 said:

I just got the notice that they've finally approved my petition. I think the senator's involvement is what helped. Thank you for your encouragement

 

That's the kind of thing I might have to do as well. Hopefully you can find a better solution!

Wow! That's amazing! You may very well be down there for the school year! Electronic processing is very fast, from what I hear. Keep us updated! I'm hoping for approval in the next couple of weeks.