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

[mari04 100]

SB1 application for returning resident. Prove hardship. I would get a lawyer for this. 

[aaron2020 11,651]

8 minutes ago, melviticus said:

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?

No.  

[Boiler 43,760]

1 minute ago, mari04 said:

SB1 application for returning resident. Prove hardship. I would get a lawyer for this. 

Op stated she had abandoned residence 

[aaron2020 11,651]

4 minutes ago, mari04 said:

SB1 application for returning resident. Prove hardship. I would get a lawyer for this. 

An SB-1 will not work.

 

1.  OP stated that his wife gave up her green card upon returning to Canada in 2014.  

2.  No way to meet the requirement that the time spent outside the US was outside of her control.  

She needs an I-130 and a spousal immigrant visa.  

Why pay a lawyer to do the impossible?

Edited September 27, 2021 by aaron2020

[melviticus 1]

3 minutes ago, aaron2020 said:

No. 

alllllll righty then!! 

[melviticus 1]

11 minutes ago, aaron2020 said:

2.  No way to meet the requirement that the time spent outside the US was outside of her control.  

 

Even if she had to return to Canada to take over the POA for her parents (at the time both had been diagnosed with dementia) from her alcoholic sister who was mistreating the parents? (starting to sound like a cheesy soap opera)

Edited September 27, 2021 by melviticus

[Boiler 43,760]

You said she had abandoned her residency filed a I 407

[melviticus 1]

3 minutes ago, Boiler said:

You said she had abandoned her residency filed a I 407

I don't remember what form we filed, she was just VERY concerned that she wouldn't be able to reapply one day if she didn't formally "abandon" her residency (using whatever form was recommended to us at the time). But the reason for leaving the US and returning was specifically for her parents' welfare; we would have preferred to stay in the USA, but we never thought about it being a "hardship" because it was her family... BUT it was definitely necessary for her parents' safety and welfare.

[SusieQQQ 11,585]

17 minutes ago, melviticus said:

Even if she had to return to Canada to take over the POA for her parents (at the time both had been diagnosed with dementia) from her alcoholic sister who was mistreating the parents? (starting to sound like a cheesy soap opera)

You said she gave up her green card on returning to Canada
 

anyway sympathetic /understandable as that may be that is not “outside her control”. Especially when she lives right next to the US and you moved with her, both indications she did not want to return for a long time at least. Outside her control is COVID lockdown, getting really sick/injured and not being able to travel etc. SB1 requirements are very strict and most are denied, and if you get denied you have (1) wasted time and money and (2)  have to start with a new petition again anyway. If by give up green card you meant she signed ai407 so she wouldn’t have to and didn’t pay taxes, for example, SB1 is dead in the water before the start.

 

edit just seen post above, you said she formally abandoned it, no way a SB1 will be applicable then, it requires she still had LPR status when she entered the new country but she had already given it up voluntarily.

Edited September 27, 2021 by SusieQQQ

[melviticus 1]

OK thanks all.  I think that the expired horse of this topic has effectively been beaten...  From all of your help/input it seems that we will have to take the traditional path to applying for a green card.  The difference this time is that I am with her here in Canada as we start the process... I think that makes a difference, if I recall?  Maybe we should just come up through Tijuana and she can claim she's afraid of political persecution and torture in her hometown of Toronto...

[African Zealot 1,453]

1 hour ago, melviticus said:

Maybe we should just come up through Tijuana and she can claim she's afraid of political persecution and torture in her hometown of Toronto...

Lol. 😆Good one there! Yeah immigration can be unforgiving but as one former disgraced American president would say it is what it is!

[SalishSea 16,907]

2 hours ago, melviticus said:

OK thanks all.  I think that the expired horse of this topic has effectively been beaten...  From all of your help/input it seems that we will have to take the traditional path to applying for a green card.  The difference this time is that I am with her here in Canada as we start the process... I think that makes a difference, if I recall?  Maybe we should just come up through Tijuana and she can claim she's afraid of political persecution and torture in her hometown of Toronto...

During the previous administration, I thought about showing up at the Peace Arch crossing between WA and BC, and asking for asylum from Canada 😉

Edited September 27, 2021 by Jorgedig

[Boiler 43,760]

Anybody can clam asylum Canadians usually have easier options 

[carmel34 3,538]

4 hours ago, melviticus said:

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?

The US Consulate in Montreal is now VERY strict on US domicile for the USC petitioner, at the visa interview stage.  You'll have to move back to California before your wife can get a spousal visa.  Here's a link to 64 pages from a thread on this specific topic that you should browse through:

 

 

 

Edited September 27, 2021 by carmel34

[SalishSea 16,907]

7 hours ago, Boiler said:

Anybody can clam asylum Canadians usually have easier options 

Clam asylum would be specific to those of us in the Puget Sound area 🦪