Application for Returning Resident Visa

[RevGreen 86]

Hello

 

Does anyone have experience with obtaining a Returning Resident Visa (Form DS-117)?

We left the US and have been away for over 2 years. But 1 year of that was COVID. Now that things have normalized a bit we want to return to America. I understand it's not a guarantee. If we are declined we will redo the process and try to obtain an IR-1 visa.

 

I am looking for anyone with experience of advice in obtaining the Returning Resident Visa.

[RevGreen 86]

And a bit more context -

 

My wife and I married in July 2018. Around July 2019 we moved back to her home country (Thailand). We did not obtain a re entry permit as we only expected to stay away for roughly 6-8 months (tying up loose ends with her family, moving some more of our belongings, etc). But then COVID hit Thailand around Jan 2020 (Thailand was the first country with cases outside of China) and we became a bit anxious to travel. And of course the rest is history.

 

Her GC expired in Feb 2021. We are both still in Thailand. We have maintained ties by continuing to file our taxes as a married couple. We do not own property or assets in America (never have).

 

Our intention is to apply with the condition that covid impacted our plans and we wanted to wait until we had a safer option for returning. Now my job is asking me to relocate (from remote to a new office in Kentucky) and of course vaccines are widely available. So  it's as good a time as any to finally go back (if granted permission)

[SalishSea 16,770]

13 minutes ago, RevGreen said:

And a bit more context -

 

My wife and I married in July 2018. Around July 2019 we moved back to her home country (Thailand). We did not obtain a re entry permit as we only expected to stay away for roughly 6-8 months (tying up loose ends with her family, moving some more of our belongings, etc). But then COVID hit Thailand around Jan 2020 (Thailand was the first country with cases outside of China) and we became a bit anxious to travel. And of course the rest is history.

 

Her GC expired in Feb 2021. We are both still in Thailand. We have maintained ties by continuing to file our taxes as a married couple. We do not own property or assets in America (never have).

 

Our intention is to apply with the condition that covid impacted our plans and we wanted to wait until we had a safer option for returning. Now my job is asking me to relocate (from remote to a new office in Kentucky) and of course vaccines are widely available. So  it's as good a time as any to finally go back (if granted permission)

I believe you would have had to apply for that while she was still inside the US.  You could try requesting DCF maybe?

[RevGreen 86]

From the State Dept. website:

 

Quote

If you are an LPR unable to return to the United States within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.

 

So we will apply for the SB-1 at our local Bangkok US Embassy.

[RevGreen 86]

I have a few questions regarding the DS-117 form.

 

In section 8 it asks the following:

1. DHS "A" Number
2. Immigration Category
3. Previous Immigrant Visa
   1. Date of Issue
   2. Place of Issue
4. Adjustment of Status
   1. Date of Adjustment of Status with DHS (IF ANY)
   2. Place of Adjustment of Status with DHS (IF ANY)

I am wondering about 'Immigration Category'. Would that be her original visa - which was a K-1. Or would that be her category when she departed the US - which was Legal Permanent Resident?

Also what about the Adjustment of Status Date/Place? Would that be the notification date on the I-797 approving the permanent residence application? Or something else? And what about the place? Is that the field office where we went to interview?

Edited May 22, 2021 by RevGreen

[milimelo 4,196]

Sounds like the wife had 2-yr green card and you let it lapse. If that’s the case, the only thing you can do is start again with I-130. 

[RevGreen 86]

1 hour ago, milimelo said:

Sounds like the wife had 2-yr green card and you let it lapse. If that’s the case, the only thing you can do is start again with I-130. 

 

No... you are wrong. If you read what I shared:

 

Quote

If you are an LPR unable to return to the United States within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.

[RevGreen 86]

So does anyone have an answer for my questions above or not?

Edited May 22, 2021 by RevGreen

[Boiler 43,434]

So she has removed conditions? I am unclear what has happened as it appears she needed to do that.

[RevGreen 86]

2 hours ago, Boiler said:

So she has removed conditions? I am unclear what has happened as it appears she needed to do that.

  

Again, from the local US Embassy website:

 

Quote

A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the U.S. for longer than one year, or the validity of green card or one year whichever shorter (for conditional resident), or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence.

 

Edited May 22, 2021 by RevGreen

[aaron2020 11,651]

Your wife's conditional green card expired in Feb. 2021.  You failed to file for removal of conditions.  So, how is your wife still a conditional resident?

Your wife will not be granted an SB-1 since her conditional residency has expired.  

You need to file an I-130. 

 

[SalishSea 16,770]

1 hour ago, aaron2020 said:

Your wife's conditional green card expired in Feb. 2021.  You failed to file for removal of conditions.  So, how is your wife still a conditional resident?

Your wife will not be granted an SB-1 since her conditional residency has expired.  

You need to file an I-130. 

 

Exactly.

[milimelo 4,196]

Do come back and let us know what happens - I don’t see SB-1 working for you as your wife didn’t file to remove conditions on her 2-yr green card. You will probably want to file I-130 online and face the reality that some separation will be inevitable. 

[Boiler 43,434]

3 hours ago, RevGreen said:

  

Again, from the local US Embassy website:

 

 

So she has removed conditions, should be a simple answer.

[SalishSea 16,770]

1 hour ago, Boiler said:

So she has removed conditions, should be a simple answer.

Where are you getting that?  It doesn't sound like she did ROC.  It doesn't sound like OP is even familiar with ROC.