Re-Applying for residency after surrendering permanent resident status

[Tampatownfan 16]

I gained my original 10 year residency via the K1 route back in 2007, but ended up living and working back in the UK with my US citizen wife in 2014. Due to not meeting the guidelines of residency, I willingly surrendered my residency. Now, 4 years later, my wife is back in our home in Florida and I am working in various third world countries, returning to our home in Florida during my time off. Here lies the dilemma, we are deciding what is the best way to re-establish my residency. How we proceed is somewhat confused, given the fact that my UK status is non resident for tax purposes, ie I'm typically only in the UK for a few days a year at the most, so being available for medicals and interviews would be tough in the extreme. I do not have any legal residency in the countries in which I work, as I am there purely as a contractor and the amount of time I spend there is typically lower than the processing times as well. If I apply to adjust my B1 while on my time off, I remove my ability to work and travel for effectively 4-5 months, which is not good as I am the primary bread winner, also I run the risk of visa fraud as here I am discussing remaining, even though one could assume that given the amount of time we have been married.

 

I suspect I may just have to bite the bullet and make myself unemployed and apply, but wondered if anyone on here knows of any alternative solutions that may be open to us. Incidentally we have been married 11 years this year, and would encourage all of those following their VJ dream to keep going despite the hurdles we all have to cross to be able to be legally together.

 

[Roel 7,191]

If you want to live in the US permanently, the CR1 visa (spouse visa) is the way to go.

 

Planning to adjust on B1/B2 visas is visa fraud. Don't do it.

[aleful 1,905]

 

there is no best solution, there is only one way. start all over. she files the spousal visa IR1, the process will take 12 to 14 months

 

since you had a GC you must put the information of the card, you will have the same number, if you had a social security, then that number will go in the form as well, you only get those numbers once in  a lifetime

 

 

[Tampatownfan 16]

2 minutes ago, aleful said:

 

there is no best solution, there is only one way. start all over. she files the spousal visa IR1, the process will take 12 to 14 months

 

since you had a GC you must put the information of the card, you will have the same number, if you had a social security, then that number will go in the form as well, you only get those numbers once in  a lifetime

 

 

Yes that is the conclusion we are coming to, having done the full K1 process through to removal of conditions before, and without a lawyer, we are okay with the processes. The post is geared towards trawling the vast amount of knowledge VJ has to see if there are any similar or different routes out there. But thanks for your input. 

[aleful 1,905]

hi

 

nothing has changed, there is no other route if you want to live here, she has to file the i130 and start all over

 

 

 

 

[Unlockable 7,306]

Agreed with others here. There is only the spousal visa option. Current timeline is 12 - 18 months.

[Dashinka 23,313]

As others have said, the I130 route is the only way to go which would lead to an IR1 visa.  You and your spouse will have to start that process and make arrangements in the 12-14 months to be in the country where the interview will be.

 

Good Luck!

[Tampatownfan 16]

As much as we am grateful for the advice that has been provided, please only post if you wish to add something new. We are looking for either information on similar routes, ie re-applying having surrendered and what additional hurdles this presented throughout the process. As for information on alternatives, it appears through previous replies, that there may well be none. We fully understand the established processes, so please there is no need to repeat information already posted. Again, we appreciate people's willingness to offer advice.

[Unlockable 7,306]

2 hours ago, Tampatownfan said:

As much as we am grateful for the advice that has been provided, please only post if you wish to add something new. We are looking for either information on similar routes, ie re-applying having surrendered and what additional hurdles this presented throughout the process. As for information on alternatives, it appears through previous replies, that there may well be none. We fully understand the established processes, so please there is no need to repeat information already posted. Again, we appreciate people's willingness to offer advice.

It is actually against this sites Terms of Service to tell posters not to reply to a post. But I understand why you stated what you did.

 

But one of the reasons that other posters repeat the same information is for verification of the previous posts. Sometimes it takes an OP a few replies or a reply from a more senior/experienced member for them to understand their options. Sometimes other members have a better or more informative responses than others. But mostly it is confirmation and collective agreement on the advice given.

[Tampatownfan 16]

12 minutes ago, NuestraUnion said:

It is actually against this sites Terms of Service to tell posters not to reply to a post. But I understand why you stated what you did.

 

But one of the reasons that other posters repeat the same information is for verification of the previous posts. Sometimes it takes an OP a few replies or a reply from a more senior/experienced member for them to understand their options. Sometimes other members have a better or more informative responses than others. But mostly it is confirmation and collective agreement on the advice given.

Thanks for that, I still appreciate everyone repeating the same information and warnings and affirming they have a collective perspective. Im more of a view that people do not read and digest what is being requested in the first place. I mentioned in the original post that we are fully aware that the IR-1 is the route we need to follow and that we knew that planning to apply for AOS while on a B1 was visa fraud, but also that we were looking for additional information.

 

I also did not ask people to not post, I actually requested people to only post new information, rather than repeat previously posted, and in one case inaccurate information, thereby preventing post after post telling us nothing we clearly didn't know in the first place.

[azblk 338]

6 hours ago, Tampatownfan said:

I gained my original 10 year residency via the K1 route back in 2007, but ended up living and working back in the UK with my US citizen wife in 2014. Due to not meeting the guidelines of residency, I willingly surrendered my residency. Now, 4 years later, my wife is back in our home in Florida and I am working in various third world countries, returning to our home in Florida during my time off. Here lies the dilemma, we are deciding what is the best way to re-establish my residency. How we proceed is somewhat confused, given the fact that my UK status is non resident for tax purposes, ie I'm typically only in the UK for a few days a year at the most, so being available for medicals and interviews would be tough in the extreme. I do not have any legal residency in the countries in which I work, as I am there purely as a contractor and the amount of time I spend there is typically lower than the processing times as well. If I apply to adjust my B1 while on my time off, I remove my ability to work and travel for effectively 4-5 months, which is not good as I am the primary bread winner, also I run the risk of visa fraud as here I am discussing remaining, even though one could assume that given the amount of time we have been married.

 

I suspect I may just have to bite the bullet and make myself unemployed and apply, but wondered if anyone on here knows of any alternative solutions that may be open to us. Incidentally we have been married 11 years this year, and would encourage all of those following their VJ dream to keep going despite the hurdles we all have to cross to be able to be legally together.

 

I pretty much was in the same position you are in. I also gave up my green card willingly as my wife and I moved to my homeland  permanently at least i thought so back then. After living in my country for several years my wife started feeling homesick and we wanted the children to go to high school here so my wife moved back and I stayed home running our business. I got a b1/b2 visa and visited several times a year, the children came down for summer break and the whole family got together either here or in Uganda at the end of the year.

 

That worked for a while but the marriage begun to suffer and my son began to have disciplinary problems due to my absence.  After trying to work through our problems separately - my wife gave me an ultimatum that I had to move back here or she would file for divorce. I didn't agree with her position and she filed for divorce.  Anyway to try and save my marriage I came over for Christmas 2016 and we agreed to try and work on our issues. She withdraw the divorce filing and we filed AOS in April 2017. I had my interview at the beginning of April 2018. The i-130 was approved before the interview but the i-485 is still pending a review. The IO stated that I didn't properly terminate my prior i-1551 as there is no record of it being terminated in their system. I explained to him that there is no way I would have been able to get a visa while I had a valid green card. He said he need to look into it and that is where we are today.

 

 

 

[Tampatownfan 16]

4 minutes ago, azblk said:

I pretty much was in the same position you are in. I also gave up my green card willingly as my wife and I moved to my homeland  permanently at least i thought so back then. After living in my country for several years my wife started feeling homesick and we wanted the children to go to high school here so my wife moved back and I stayed home running our business. I got a b1/b2 visa and visited several times a year, the children came down for summer break and the whole family got together either here or in Uganda at the end of the year.

 

That worked for a while but the marriage begun to suffer and my son began to have disciplinary problems due to my absence.  After trying to work through our problems separately - my wife gave me an ultimatum that I had to move back here or she would file for divorce. I didn't agree with her position and she filed for divorce.  Anyway to try and save my marriage I came over for Christmas 2016 and we agreed to try and work on our issues. She withdraw the divorce filing and we filed AOS in April 2017. I had my interview at the beginning of April 2018. The i-130 was approved before the interview but the i-485 is still pending a review. The IO stated that I didn't properly terminate my prior i-1551 as there is no record of it being terminated in their system. I explained to him that there is no way I would have been able to get a visa while I had a valid green card. He said he need to look into it and that is where we are today.

 

 

 

Many thanks for sharing that, I feel your frustration. Luckily I have kept the receipt from the US Embassy in London as evidence should the same issue present itself to us. Can I ask if there was anything raised about you going straight for AOS and not re-filing for IR-1?

[azblk 338]

1 minute ago, Tampatownfan said:

Many thanks for sharing that, I feel your frustration. Luckily I have kept the receipt from the US Embassy in London as evidence should the same issue present itself to us. Can I ask if there was anything raised about you going straight for AOS and not re-filing for IR-1?

No issues were raised. It was not even mentioned. I took the AOS route because it seemed the logical thing to do in my situation.

[Boiler 43,619]

It would be the IR1 visa as you have been married for more than 2 years.

 

B1 is doe business trips btw, I would have gone DCF London before she moved back.

Edited May 19, 2018 by Boiler

[issea 43]

17 hours ago, aleful said:

there is no best solution, there is only one way. start all over. she files the spousal visa IR1, the process will take 12 to 14 months

Maybe I just want to argue but there definitely are more than one way. For example, enter the US under a work visa or student visa with genuine intent to work or study, and do AOS from that visa used to enter.