Wife is a previous Green Card holder and wants to re-apply

[melviticus 1]

I'm American, married a Canadian girl in 2010 and we were living in USA until 2014 when we moved to Canada to help her ailing parents.  My wife had a green card which she gave up upon entry to Canada. As a previous green card holder, would she have a shorter re-approval process, and if possible, how to pursue that track?  PS we are still living in Canada, in the Toronto area.

Edited September 27, 2021 by melviticus

[SusieQQQ 11,584]

No, you would have to start all over again with a new petition.

[melviticus 1]

1 minute ago, SusieQQQ said:

No, you would have to start all over again with a new petition.

Dang that's unfortunate! But thank you for your answer Susie!  Kevin

[mushroomspore 3,043]

4 minutes ago, melviticus said:

I'm American, married a Canadian girl in 2010 and we were living in USA until 2014 when we moved to Canada to help her ailing parents.  My wife had a green card which she gave up upon entry to Canada. As a previous green card holder, would she have a shorter re-approval process, and if possible, how to pursue that track?  PS we are still living in Canada, in the Toronto area.

You guys have to start all over with a spousal visa, which is your only option. There is no "shorter re-approval process" or favoritism given to previous abandoned green card holders. 

[melviticus 1]

Thanks Mr./Ms. Spore! Appreciate the response.

[Redro 4,599]

The only way to "cut the line" might be through returning US resident status.... (https://eforms.state.gov/Forms/ds117.PDF) 

but because your spouse abandoned her residence status you start at square one... just be grateful she didn't have to maintain residence via frequent visits/stays to the States and filing US taxes. 

[mushroomspore 3,043]

6 minutes ago, melviticus said:

Thanks Mr./Ms. Spore! Appreciate the response.

No problem and it sounds like you guys won't have any issues. The most annoying part will just be the waiting to hear that your interview's been finally scheduled at the consulate.

[melviticus 1]

Will I have to get someone to sponsor us again since (as an American) I won't be able to look for work until I return (with her, hopefully)

[Redro 4,599]

3 minutes ago, melviticus said:

Will I have to get someone to sponsor us again since (as an American) I won't be able to look for work until I return (with her, hopefully)

Yes, and make sure to indicate she has been sponsored before AND you have sponsored someone in the past when you fill out forms. 

[Redro 4,599]

Part 5 on page 8 of the i-130 

I don't know how to add a photo on this website. 

[Boiler 43,433]

Canada is pretty strict in the US sponsor showing domicile 

[SusieQQQ 11,584]

41 minutes ago, melviticus said:

Will I have to get someone to sponsor us again since (as an American) I won't be able to look for work until I return (with her, hopefully)

 

25 minutes ago, Boiler said:

Canada is pretty strict in the US sponsor showing domicile 

What boiler said ^

 

You might find you need to return to the US and get established at least before the interview. 

[melviticus 1]

48 minutes ago, Boiler said:

Canada is pretty strict in the US sponsor showing domicile 

Hi Boiler, I don't understand your comment, please restate your concern?   ....my wife is a Canadian who will be applying for US permanent residence...

[aaron2020 11,651]

2 minutes ago, melviticus said:

Hi Boiler, I don't understand your comment, please restate your concern?   ....my wife is a Canadian who will be applying for US permanent residence...

You are the US petitioner/sponsor.   

One of the requirements for you on the I-864 Affidavit of Support is that you have a US domicile or intend to reestablish a US domicile before or when your the intending immigrant (your wife) enters the US with an immigrant visa.  In particular, the US Consulate in Canada is very strict on the domicile issue and may require you to establish a US domicile BEFORE your wife can be issued an immigrant visa.  So, you may have to return to the US to establish a domicile (US residency) before your wife can get an immigrant visa.  

[melviticus 1]

3 minutes ago, aaron2020 said:

the US Consulate in Canada is very strict on the domicile issue

Thanks Aaron.  I am a "permanent resident" of Canada but I do maintain a home in California, where my name is on the utilities, etc.

It is also the address for my banking relationships, tax returns, credit history, and professional correspondence, etc.... I just don't have employment there.  Would that suffice for an established domicile?