Moving back to the US after the pandemic - currently in Italy

[valentinanola 17]

Hello everyone! 
 

I haven’t posted on this forum for a while, so I will do a little recap of my situation.

 

In 2016 I obtained a K-1 Visa while living in London (I’m an Italian citizen) to marry my now husband who lived in NYC. I moved to NYC in January 2017 and got married, we then had our first baby in August 2018 and in August 2019 we decided to go to Italy for about 6 months to allow my family to spend some time with our baby. While there, I got pregnant with my second baby and the pandemic hit, both our jobs laid off most of their staff and we found ourselves without a job to go back to, so we stayed in Italy.

 

We are now ready to go back to the US but I am confused on the best way forward. Some people said I should enter on an ESTA and then adjust my status there, but I do not want to do that. Others have said that I should formally renounce my green card and start the process from scratch (with an I-130), others have suggested I file a DS-117 (application to determine returning resident status), but I’m afraid that won’t be applicable since my green card only had a 2 year validity.

 

I would appreciate any input you may have, thank you everyone in advance for your help! 

[Redro 4,601]

1 hour ago, valentinanola said:

Hello everyone! 
 

I haven’t posted on this forum for a while, so I will do a little recap of my situation.

 

In 2016 I obtained a K-1 Visa while living in London (I’m an Italian citizen) to marry my now husband who lived in NYC. I moved to NYC in January 2017 and got married, we then had our first baby in August 2018 and in August 2019 we decided to go to Italy for about 6 months to allow my family to spend some time with our baby. While there, I got pregnant with my second baby and the pandemic hit, both our jobs laid off most of their staff and we found ourselves without a job to go back to, so we stayed in Italy.

 

We are now ready to go back to the US but I am confused on the best way forward. Some people said I should enter on an ESTA and then adjust my status there, but I do not want to do that. 1) You'd be committing immigration fraud if you entered on ESTA but intended on staying. 2) You might not qualify for ESTA until you formally renounce your green card... and that might take a few months/maybe a year.

 

Others have said that I should formally renounce my green card and start the process from scratch (with an I-130), This is your best bet...  others have suggested I file a DS-117 (application to determine returning resident status), but I’m afraid that won’t be applicable since my green card only had a 2 year validity. 

 

I would appreciate any input you may have, thank you everyone in advance for your help! 

I think you'll have to start over. 

[valentinanola 17]

7 minutes ago, ROK2USA said:

I think you'll have to start over. 

Will this mean that my husband and myself (along with my children who are both US citizens) will have to be separated for a period of time?

[Redro 4,601]

1 hour ago, valentinanola said:

Will this mean that my husband and myself (along with my children who are both US citizens) will have to be separated for a period of time?

Depends on your financial situation/ if you can find a joint sponsor after the I-130 is approved and you file the DS260 and I864. 

 

[valentinanola 17]

3 hours ago, ROK2USA said:

Depends on your financial situation/ if you can find a joint sponsor after the I-130 is approved and you file the DS260 and I864. 

 

Ok, that would mean that in case we do not have enough in our accounts for him to sponsor us, he would have to secure a job before we move back. Correct? 

[Redro 4,601]

5 minutes ago, valentinanola said:

Ok, that would mean that in case we do not have enough in our accounts for him to sponsor us, he would have to secure a job before we move back. Correct? 

Correct...

unless you find a joint sponsor. Someone willing to file an I-864 for you (but your husband will still be the primary sponsor). 

Currently for a family of 4 your husband should make: $34,687 (in the US)

or have at least $105, 000 in savings. 

https://www.uscis.gov/i-864p

 

Edited August 14, 2022 by ROK2USA

[valentinanola 17]

5 minutes ago, ROK2USA said:

Correct...

unless you find a joint sponsor. Someone willing to file an I-864 for you (but your husband will still be the primary sponsor). 

Currently for a family of 4 your husband should make: $34,687 (in the US)

or have at least $105, 000 in savings. 

https://www.uscis.gov/i-864p

 

Ok gotcha. Thanks so much this is so helpful. One last question - usually how long after the I-130 is approved do we have to file the I-864?

[Family 3,549]

7 hours ago, valentinanola said:

We are now ready to go back to the US but I am confused on the best way forward. Some people said I should enter on an ESTA and then adjust my status there, but I do not want to do that. Others have said that I should formally renounce my green card and start the process from scratch (with an I-130), others have suggested I file a DS-117 (application to determine returning resident status), but I’m afraid that won’t be applicable since my green card only had a 2 year validity.

 

Don’t waste effort/money on ESTA as you don’t qualify if you answer all the eligibility questions correctly. 
 

You can try the following: 

1. File a “ Late Filed I-751 due to unforeseen circumstances beyond my control” and explain that 6 month stay out plan turned into delayed return due to pandemic lockdowns and pregnancy/health . 

Send whatever records you can get from New York days and children’s birth certificates. 

Use a trusted friend/family member for a US mailing address , but disclose your physical address in Italy as temporary. 
You will need to do a paper filing of the I-751 but can set up USCIS online account to track updates. 

This is basically to generate a Receipt Notice and Extension of your status . 
 

THEN you fly to Mexico and enter by land at a POE ( Mexicali for example) and show your expired 2 year green card plus I-751 receipt and extension…they will let you in either without any problems other than lots of questions because you now have a pending I-751 and they have no choice and cannot refer you to court. 
 

****Getting your I-751 receipt if case is accepted should take about 3 weeks, your friend can email you a copy of the receipt/ extension notice and send you the original *****as soon as you have it give it a try. 
 

I like option 1.What say you, @Mike E ?

 

2.  To start from “scratch” requires you to first execute the I-407 . If you decide that and your husband can get a job offer from the US , he can email Naples Consulate to see if they will accept I-130 DCF for a fast process.

https://it.usembassy.gov/embassy-consulates/rome/sections-offices/dhs/uscis/

Petition for Alien Relative (Form I-130😞 The U.S. Embassy and the U.S. Consulates are unable to accept any Petition for Alien Resident (Form I-130). Please see the USCIS public website for filing instructions. If you believe you fall under one of the circumstances described in USCIS Policy Manual, Volume 6, Part B, Chapter 3, please email the U.S. Consulate in Naples at IVNaples@state.gov.

 

• Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date. https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

 

[valentinanola 17]

2 minutes ago, Family said:

Don’t waste effort/money on ESTA as you don’t qualify if you answer all the eligibility questions correctly. 
 

You can try the following: 

1. File a “ Late Filed I-751 due to unforeseen circumstances beyond my control” and explain that 6 month stay out plan turned into delayed return due to pandemic lockdowns and pregnancy/health . 

Send whatever records you can get from New York days and children’s birth certificates. 

Use a trusted friend/family member for a US mailing address , but disclose your physical address in Italy as temporary. 
You will need to do a paper filing of the I-751 but can set up USCIS online account to track updates. 

This is basically to generate a Receipt Notice and Extension of your status . 
 

THEN you fly to Mexico and enter by land at a POE ( Mexicali for example) and show your expired 2 year green card plus I-751 receipt and extension…they will let you in either without any problems other than lots of questions because you now have a pending I-751 and they have no choice and cannot refer you to court. 
 

****Getting your I-751 receipt if case is accepted should take about 3 weeks, your friend can email you a copy of the receipt/ extension notice and send you the original *****as soon as you have it give it a try. 
 

I like option 1.What say you, @Mike E ?

 

2.  To start from “scratch” requires you to first execute the I-407 . If you decide that and your husband can get a job offer from the US , he can email Naples Consulate to see if they will accept I-130 DCF for a fast process.

https://it.usembassy.gov/embassy-consulates/rome/sections-offices/dhs/uscis/

Petition for Alien Relative (Form I-130😞 The U.S. Embassy and the U.S. Consulates are unable to accept any Petition for Alien Resident (Form I-130). Please see the USCIS public website for filing instructions. If you believe you fall under one of the circumstances described in USCIS Policy Manual, Volume 6, Part B, Chapter 3, please email the U.S. Consulate in Naples at IVNaples@state.gov.

 

• Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date. https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

 

Thanks for this! Option 1 seems quite the mission, and my green card was stolen (along with my wallet) about 6 months ago so I don’t have a physical copy. 

[Family 3,549]

1 minute ago, valentinanola said:

Thanks for this! Option 1 seems quite the mission, and my green card was stolen (along with my wallet) about 6 months ago so I don’t have a physical copy. 

Maledeti! File a police report. Actually option was /is the simplest and fastest way but without your physical card you are at the mercy of CBP .

 

[valentinanola 17]

Just now, Family said:

Maledeti! File a police report. Actually option was /is the simplest and fastest way but without your physical card you are at the mercy of CBP .

 

Yes I thought so. 
 

My issue here is that we have high-paying jobs in Italy but our income here cannot be used on a I-864. We have no assets in America, therefore my husband would have to find a job before we go. This is sooo much more complicated than what I thought. 

[Family 3,549]

First , do the I-407 now , as you will need to anyway and it takes time for them to update / process info

https://it.usembassy.gov/visas/iv/services-legal-permanent-residents/

 

Your husband will need to show intent to re establish domicile in the US when he wants to file for you anyway, even if he doesn’t get a US job offer to qualify for fast DCF I-130. 
 

But if you want to go slow and file regular I-130 , he can just ask a family member or friend to be Joint Sponsor , so he doesn’t have to leave you and get here first. Just take actions that show INTENT ( look for for work, look for kids school, set up a US bank account, register to vote from overseas ..he can make a quick trip to update id/drivers license) .

 

What industry do you work in?

 

[valentinanola 17]

8 minutes ago, Family said:

First , do the I-407 now , as you will need to anyway and it takes time for them to update / process info

https://it.usembassy.gov/visas/iv/services-legal-permanent-residents/

 

Your husband will need to show intent to re establish domicile in the US when he wants to file for you anyway, even if he doesn’t get a US job offer to qualify for fast DCF I-130. 
 

But if you want to go slow and file regular I-130 , he can just ask a family member or friend to be Joint Sponsor , so he doesn’t have to leave you and get here first. Just take actions that show INTENT ( look for for work, look for kids school, set up a US bank account, register to vote from overseas ..he can make a quick trip to update id/drivers license) .

 

What industry do you work in?

 

We both work at a communication agency. We’ve always worked in the fashion industry. I’m a marketing and communication specialist/project manager and he is an art director and graphic designer.

 

This is all very helpful! Thank you! 

[Mike E 11,725]

2 hours ago, valentinanola said:

Thanks for this! Option 1 seems quite the mission, and my green card was stolen (along with my wallet) about 6 months ago so I don’t have a physical copy. 

Yes option 1

2 hours ago, Family said:

First , do the I-407 now , as you will need to anyway and it takes time for them to update / process info

https://it.usembassy.gov/visas/iv/services-legal-permanent-residents/

 

Your husband will need to show intent to re establish domicile in the US when he wants to file for you anyway, even if he doesn’t get a US job offer to qualify for fast DCF I-130. 
 

But if you want to go slow and file regular I-130 , he can just ask a family member or friend to be Joint Sponsor , so he doesn’t have to leave you and get here first. Just take actions that show INTENT ( look for for work, look for kids school, set up a US bank account, register to vote from overseas ..he can make a quick trip to update id/drivers license) .

 

What industry do you work in?

 

Not sure how we went from option 1 to I-407. 
 

Utterly confused.  So long. 

[SteveInBostonI130 3,328]

22 minutes ago, Mike E said:

Yes option 1

Not sure how we went from option 1 to I-407. 
 

Utterly confused.  So long. 

2 yr GC was stolen - OP doesn't have the information to file I-751.