Surrendered Green Card due to being out of the country

[little immigrant 800]

AOS is also for fiancees who arrive on K1. 

[JFH 12,189]

3 minutes ago, little immigrant said:

AOS is also for fiancees who arrive on K1. 

Indeed, but it doesn't apply to the OP. He was asking for reasons why AOS from non-immigrant visas exists for immediate family members if he can't avail himself of this process. 

[little immigrant 800]

14 minutes ago, JFH said:

Indeed, but it doesn't apply to the OP. He was asking for reasons why AOS from non-immigrant visas exists for immediate family members if he can't avail himself of this process. 

K1 is technically non-immigrant. 

 

I was just throwing it out there anyways. 

[Tomachi7 1]

4 hours ago, gregcrs2 said:

OP, you need to re-read the entire paragraph.  You are only looking at 6B.

 

6. A spouse, if you married your spouse while he or she was the subject of an exclusion, deportation, removal, or rescission proceeding regarding his or her right to be admitted into or to remain in the United States, or while a decision in any of these proceedings was before any court on judicial review.  However, you may be eligible for the bona fide marriage exemption under INA section 245(e)(3) if:

 

A. You request in writing a bona fide marriage exemption and prove by clear and convincing evidence that the marriage is legally valid where it took place and that you and your spouse married in good faith and not for the purpose of obtaining lawful permanent resident status for your spouse and that no fee or any other consideration (other than appropriate attorney fees) was given to you for your filing of this petition.  The request must be submitted with Form I-130; or

 

B. Your spouse has lived outside the United States, after the marriage, for a period of at least two years; 

Thank you yes, I was mistaken.  The initial part of 6 does not apply.  My question is moot as I-130 is suitable.  The form online expired on 7/31, but should be ok.

[Tomachi7 1]

4 hours ago, Becci391 said:

File the I-130 and wait until your wife gets her visa.

You and the kids are fine since you are US-citizens.

However, your wife has to wait in her home country but can visit you and the kids occasionally.

The processing time is around 12-14 months.

Thank you, I will check into this visiting idea.  She would need to visit regularly as our kids are young.  The whole thing is a bit different conceptually from a first time GC as the beneficiary is the mother of two USC children <12 years of age. 

[Roel 7,191]

Like I said before though - chances of her getting a tourist visa to visit you are close to 0. So I wouldn't hold my breath about her visiting. Mire chance that you'll be visiting her. Or postpone your move to the US until she receive her spouse visa. 

[Tomachi7 1]

5 minutes ago, Roel said:

Like I said before though - chances of her getting a tourist visa to visit you are close to 0. So I wouldn't hold my breath about her visiting. Mire chance that you'll be visiting her. Or postpone your move to the US until she receive her spouse visa. 

Thank you.  I appreciate your insight.  I wouldn't think that the case as she has entered the USA  more than a dozen times over the past 20 years.

About the second point, I am not sure how that would have been an option - as how can I successfully petition for her GC without a job in the USA?

[Roel 7,191]

9 minutes ago, Tomachi7 said:

Thank you.  I appreciate your insight.  I wouldn't think that the case as she has entered the USA  more than a dozen times over the past 20 years.

About the second point, I am not sure how that would have been an option - as how can I successfully petition for her GC without a job in the USA?

All you need is intent to establish domicile. 

 

As for her entering the US - now she has clear immigrant intent and based on that she can be denied entry. 

[jdaveh 58]

8 minutes ago, Tomachi7 said:

Thank you.  I appreciate your insight.  I wouldn't think that the case as she has entered the USA  more than a dozen times over the past 20 years.

About the second point, I am not sure how that would have been an option - as how can I successfully petition for her GC without a job in the USA?

If you have assets that meet the requirement, you can get started without a job. Best to have one lined up. How are you planning on supporting your family when you return, spouse who can't work and two kids ?

[Tomachi7 1]

20 minutes ago, jdaveh said:

If you have assets that meet the requirement, you can get started without a job. Best to have one lined up. How are you planning on supporting your family when you return, spouse who can't work and two kids ?

Thanks I have a decent job lined up, but before that I was hesitant to put the application in.

[SusieQQQ 11,584]

1 hour ago, Tomachi7 said:

Thank you, I will check into this visiting idea.  She would need to visit regularly as our kids are young.  The whole thing is a bit different conceptually from a first time GC as the beneficiary is the mother of two USC children <12 years of age. 

USCIS does not discriminate between applicants based on the ages of their children. As others have said, it’s unfortunate that you did not start the process earlier.

does your wife need a visa to visit or is she from a VWP country? Anyway if you absolutely need her around most of the time (visiting as a tourist won’t allow this) your only real option is to file I130 now and stay where you are for another year or so before moving while the process works it course.

Edited August 12, 2018 by SusieQQQ

[SusieQQQ 11,584]

3 hours ago, little immigrant said:

K1 is technically non-immigrant. 

 

I was just throwing it out there anyways. 

“Technically” but expressly intended for AOS, unlike what the OP had in mind so irrelevant for this thread.

[Tomachi7 1]

11 minutes ago, SusieQQQ said:

USCIS does not discriminate between applicants based on the ages of their children. As others have said, it’s unfortunate that you did not start the process earlier.

does your wife need a visa to visit or is she from a VWP country? Anyway if you absolutely need her around most of the time (visiting as a tourist won’t allow this) your only real option is to file I130 now and stay where you are for another year or so before moving while the process works it course.

Thanks,
VWP.  I don't know if is discriminating or not.  But I am counting on USCIS viewing the application for a parent of 2 young USC children differently than applicants that do not have USC children

[Becci391 339]

4 minutes ago, Tomachi7 said:

Thanks,
VWP.  I don't know if is discriminating or not.  But I am counting on USCIS viewing the application for a parent of 2 young USC children differently than applicants that do not have USC children

Honestly I don't think they will do that.

Her application will take as long as it takes and just because you have children together I don't think that USCIS will process her application faster.

 

[SusieQQQ 11,584]

8 minutes ago, Tomachi7 said:

Thanks,
VWP.  I don't know if is discriminating or not.  But I am counting on USCIS viewing the application for a parent of 2 young USC children differently than applicants that do not have USC children

No, she doesn’t get to jump the line because she has young USC children. The onus is on the adults involved to understand the process and timeously file the applicatIon for her.  (By the way, what you’re suggesting would massively increase the industry for anchor babies if it were in fact the case.)

 

Also, having usc children does not allow her to abuse the privilege of VWP.

Edited August 12, 2018 by SusieQQQ