Ukrainian Wife Returning to USA

[alaskanicelander 2]

VJ,

If there is a link available for my situation please advise.  Okay, so my wife has her first Green Card which expires in November of this year.  She went back in Feb 2020 on vacation and was stuck there for all of 2020 and part of 2021, (then had to have surgery).  My two questions are: 1. is there a "remaining time on the green card" for her to return to the US?  2. Are we able to renew/apply for her second green card while we are dislocated.  We are hoping for a Sept/Oct 2021 after she recovers from a semi-serious surgery she just had.  My concern is that immigration is going to give us a hard time for the length of time she has been gone.

 

Thanks everyone

Gary

[HRQX 4,145]

9 minutes ago, alaskanicelander said:

apply for her second green card while we are dislocated.

Do you still have a US mailing address?

[Cassis1978 28]

1 hour ago, alaskanicelander said:

VJ,

If there is a link available for my situation please advise.  Okay, so my wife has her first Green Card which expires in November of this year.  She went back in Feb 2020 on vacation and was stuck there for all of 2020 and part of 2021, (then had to have surgery).  My two questions are: 1. is there a "remaining time on the green card" for her to return to the US?  2. Are we able to renew/apply for her second green card while we are dislocated.  We are hoping for a Sept/Oct 2021 after she recovers from a semi-serious surgery she just had.  My concern is that immigration is going to give us a hard time for the length of time she has been gone.

 

Thanks everyone

Gary

A year and a half - it’s a lot. Like a lot lot. 

 

That’s what USCIS says:

A U.S. Lawful Permanent Resident (LPR) or Conditional Resident (CR) who has remained outside the United States for longer than one year, 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.

 

Last month the immigration gave a hard time to my mother in law, who spent 8 month abroad. Just because of her age and all these COVID problems (she lives in London) they let her in. 
You would need a story/legend why she couldn’t come earlier - is it because of the surgery? If she just had a surgery, recently  - then you would have to explained why she couldn’t come back to the USA earlier, after a couple of month in Ukraine.  Because there were flights all the time to the USA, so you would need an explanation.  
Make sure that you have some medical papers ready and translated to demonstrate why she couldn’t come earlier. 

Edited July 25, 2021 by Cassis1978

[alaskanicelander 2]

8 hours ago, Cassis1978 said:

A year and a half - it’s a lot. Like a lot lot. 

 

That’s what USCIS says:

A U.S. Lawful Permanent Resident (LPR) or Conditional Resident (CR) who has remained outside the United States for longer than one year, 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.

 

Last month the immigration gave a hard time to my mother in law, who spent 8 month abroad. Just because of her age and all these COVID problems (she lives in London) they let her in. 
You would need a story/legend why she couldn’t come earlier - is it because of the surgery? If she just had a surgery, recently  - then you would have to explained why she couldn’t come back to the USA earlier, after a couple of month in Ukraine.  Because there were flights all the time to the USA, so you would need an explanation.  
Make sure that you have some medical papers ready and translated to demonstrate why she couldn’t come earlier. 

When I asked about this in late 2020 a response from someone said that due to COVID it would be alright, but now more time has elapsed.  Even though some European countries could travel, the big airports were not letting Ukrainians through and I am not sure how how long the Kiev International airport was closed down during covid.   Her surgeries were on hold until the medical facilities would open back up.  It was a long process, (they would open for a while and then close again.   I planned on having her get a statement from her doctor and have it translated that she could not travel.  From there I do not know what else to do.  So if her Green Card is still current, where will she run into the problem?  At the departing airport or the first airport in the USA?

[carmel34 3,538]

If she returns to the US before her green card expires, the airline will most likely let her board.  US entry will be at the discretion of CBP, and when they ask how long she has been gone and she says 18 months they may not let her in, although she can ask to appear before an immigration judge and they should let her in but then she'll have to explain to the judge later in immigration court what happened, and she could be deported.   If you don't want to risk all of that drama, another option is to file an SB-1 returning resident visa with the US embassy or consulate in Ukraine.  File it now as it could take a few months to get an approval or denial.  Here's a link with more information about the SB-1.  She'll need to include documentation explaining why it was beyond her control that she did not return to the US before one year was up.  Good luck!

 

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

Edited July 25, 2021 by carmel34

[Boiler 43,851]

Might be one of those cases where a SB1 would be best as they have medical evidence to explain why they could not return.

[Cassis1978 28]

2 hours ago, alaskanicelander said:

When I asked about this in late 2020 a response from someone said that due to COVID it would be alright, but now more time has elapsed.  Even though some European countries could travel, the big airports were not letting Ukrainians through and I am not sure how how long the Kiev International airport was closed down during covid.   Her surgeries were on hold until the medical facilities would open back up.  It was a long process, (they would open for a while and then close again.   I planned on having her get a statement from her doctor and have it translated that she could not travel.  From there I do not know what else to do.  So if her Green Card is still current, where will she run into the problem?  At the departing airport or the first airport in the USA?

Well, late 2020 was may be ok, but now it’s July of 2021. Don’t get me wrong, I wish you all the best, we all remember what immigration is (or was). 
But I know for sure (I have a lot of Ukrainian friends) that Moscow airport was open, London was a great option, but especially Istanbul aero port (amazing, cheap and extremely convenient option for Ukrainians) was open till May or June of 2021 and already open again - so there were a lot of options to plan a connecting flight from Kiev. 
Great option would’ve been the Re-entry permit (but as far as I remember it should’ve been done before you left the country), but now... I can only guess, but even if you google it looks like abandonment of green card. 
So you definitely have to put together the package with medical documents, but how this will work - I can’t say, sadly, I can only assume. Plus keep the copy of that package - in case there will be questions during the ROC process because you would have to explained how and why you were separated for so long and how this works with bona fide marriage. 
Anyway, I wish you all the best and hope everything will work for you and your wife this way or another. 

Edited July 25, 2021 by Cassis1978

[mari04 100]

10 hours ago, alaskanicelander said:

When I asked about this in late 2020 a response from someone said that due to COVID it would be alright, but now more time has elapsed.  Even though some European countries could travel, the big airports were not letting Ukrainians through and I am not sure how how long the Kiev International airport was closed down during covid.   Her surgeries were on hold until the medical facilities would open back up.  It was a long process, (they would open for a while and then close again.   I planned on having her get a statement from her doctor and have it translated that she could not travel.  From there I do not know what else to do.  So if her Green Card is still current, where will she run into the problem?  At the departing airport or the first airport in the USA?

This is completely not true and they will see right through this. My wife is from Ukraine and her mother constantly traveled back and forth to EU, Mexico (through EU), etc.  Her travels happened April 2020, Mexico through EU - October 2020, more trips. from Kiev to EU in December, February (2021) and June 2021. This is a lie and they will not buy it. I am talking about person who does not have any ties to the US above. If your wife had a green card, nothing could stop her from coming back. Nothing. I am just merely trying to recommend you to forget "making up"  the stories and just come clean with them. Maybe, they will let you in. You can also try SVB-1. But do not make up stories: this is recipe for disaster. good luck!

Edited July 26, 2021 by mari04

[Ksenia_O 695]

10 hours ago, alaskanicelander said:

When I asked about this in late 2020 a response from someone said that due to COVID it would be alright, but now more time has elapsed.  Even though some European countries could travel, the big airports were not letting Ukrainians through and I am not sure how how long the Kiev International airport was closed down during covid.   Her surgeries were on hold until the medical facilities would open back up.  It was a long process, (they would open for a while and then close again.   I planned on having her get a statement from her doctor and have it translated that she could not travel.  From there I do not know what else to do.  So if her Green Card is still current, where will she run into the problem?  At the departing airport or the first airport in the USA?

Sorry to hear about your wife's surgery...

But  I'm not sure what "big" airports didn't let Ukrainians to transit...

Transited through Amsterdam in July -Aug of 2020 , via Istanbul  In September of 2021 and  just came back  from Kiev (again) a month ago.. 

My sister lives in GB and has been fllying back and forward since November of 2020. Got surgery done in Ukraine as well in Dec of 2020 - in GB it would be a long wait ...

Boryspil Int Airport has been open for a year, at least. 

Edited July 26, 2021 by Ksenia_O

[alaskanicelander 2]

On 7/24/2021 at 9:06 PM, HRQX said:

Do you still have a US mailing address?

yes, I live in the US, she went back to visit grandchildren Feb 2020, then covid restrictions affect her return trip airports.  Also she was going to have some important surgery, but was on hold for the hospitals to open back up for non-life threatening surgeries, which rolled into 2021, now she is recovering and from what I can tell I need to complete an I-131 again.  She still hasn't been cleared to fly from her doctor, but I think the I-131 is good for quite a while once approved.  Here green card expires as will in November, so I was going to do both forms and turn it all in.

[HRQX 4,145]

11 minutes ago, alaskanicelander said:

so I was going to do both forms and turn it all in.

Just a note that while I-751 can be filed when she is outside of the US, the I-131 form (for a Reentry permit) cannot be filed from outside of the US. See 8 CFR § 223.2(b)(1): "Reentry permit. An applicant for a reentry permit must file such application while in the United States and in status as a lawful permanent resident or conditional permanent resident."

Edited August 2, 2021 by HRQX

[alaskanicelander 2]

Thanks, I've read that link, but after reviewing I didn't see any link to the SB-1 form, nor could I find it on the internet.  Does someone have a good website to pull this form from?  I have the DS-117 already on my desktop

Thanks!

[Boiler 43,851]

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html#3

[alaskanicelander 2]

On 8/2/2021 at 3:56 AM, Boiler said:

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html#3

Well I finally received all my translated medical documents, however I cannot find exactly what fee I need to pay for the DS-117, how to pay for (website, money order...etc) and finally where to mail the form into.  The link above was helpful, but only caused more questions.  Also is this the only form I need for now until I hear from immigration's?

[Redro 4,602]

5 hours ago, alaskanicelander said:

Well I finally received all my translated medical documents, however I cannot find exactly what fee I need to pay for the DS-117, how to pay for (website, money order...etc) and finally where to mail the form into.  The link above was helpful, but only caused more questions.  Also is this the only form I need for now until I hear from immigration's?

Applying for a Returning Resident Visa

If you wish to apply for a Returning Resident (SB-1) immigrant visa, you should contact the nearest U.S. Embassy or Consulate in advance of your intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing. As part of the visa application process, an interview at the U.S. Embassy or Consulate is required. Review country-specific instructions and information by reviewing the U.S. Embassy or Consulate website where you will apply.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html#3

 

The fee is $205. 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/fees-visa-services.html

 

Edited September 29, 2021 by Kor2USA