Sarah & Blair

Thanks all! I have to fly to the US for Christmas soon and I’ll use my green card on entry and see what happens.

Appreciate all the answers!

@carmel34

Thanks for sharing your experience! I think the only thing that concerns me about our situation is this:

"1) the risk of having to eventually to appear before an immigration judge and prove that their LPR status was not abandoned (we had no evidence of this)"

We don't really have any evidence of this either, other than keeping bank accounts/credit cards etc. I've been working as a freelancer for US companies but that can be done anywhere so I have to assume that's not proof of maintaining LPR status.

22 minutes ago, iwannaplay54 said:

hmm “unable” isn’t exactly the standard.  Was your wife working for a US company in Canada?

No she became a Canadian PR and worked for a company here.

12 minutes ago, OldUser said:

But why? Moving forward always use it to enter the US.

Because the original intent wasn't to return... but yeah I do see your point and on hindsight I should have just used it every time regardless.

@OldUser @Crazy Cat

Thanks for the quick replies! Thought about going that route. I suppose the issue is, I've entered the US numerous times over the last few years but haven't used my green card. I'm concerned CBP will question why. Trying to do this in a way that won't get me banned 🤣

Greetings good people!

The abbreviated version of our story: I entered the US (from Canada) in 2012 on a K1 visa. We've been happily married since. Yay! Around the start of Covid we moved to Canada for family reasons and originally did not intend to return to the US in a full-time capacity... at least for the foreseeable future. Well, things have changed of course and now we're looking to return. My wife (US citizen by birth) is moving back next week for a new job and I'm hanging back here until we can secure an IR-1.

I do have a green card, but as per everything I read online, because I've been a full-time resident outside of the US for almost 3 years, it's considered as abandoned. Now, there's been nothing official from me or USCIS about said abandonment. I did find out recently that there is a form to formally notify that I'm not longer a resident, so I'll be filling that out immediately. I am kicking myself a bit for not knowing that before, but here we are.

Question is, does anyone know if we can just immediately apply for CR-1 after submitting the I-407 (green card abandonment) or if they may reject due to my having only just abandoned my green card?

Also, before anybody asks, yes we have thought about the SB-1, but it seems pretty clear that I have to have intended to return to the US all along and were unable, which is clearly not the case.

We are waiting to hear back from an immigration attorney but I figured I'd post here to see if anyone has any insight.

Cheers!

Ah, the people at the Detroit POE. Not the smartest bunch.

Wouldn't be surprised if they were the ones who lost my medical.

Yeah I got that impression. It was kinda comical though, when we went to sign in for our place in line and told the officer we were a K-1, he had this look of fear on his face, and asked all the other officers if they knew how to do a K-1. One of them winced like he just got punched in the stomach, and everyone else shook their heads. I feared the worst at that point!

Thanks for the quick reply! I kinda figured he had perhaps a few too many breakfast scotch's.

Cheers!

Greetings VJ'ers!

I did my POE in Detroit on Sunday, May the 13th. Everything went great and so-on, the process took about an hour, due to waiting in line and the officer never having done a K-1 before.

What was a bit confusing was this: There was an Immigration officer sitting next to the guy that processed my visa, and after everything was finished, he asked me. "What are you going to do after getting married?" I of course replied, "File for AOS and wait for my EAD, then get meself a job!". He responded that I needed to get to the office with an acronym I can't remember and adjust myself to a CR visa, then I can work immediately. This is confusing, because I've combed these forums (and gov't web sites) for a year now and that's the first time I'd ever heard that. I was (and still am) under that assumption that after we get married, we file for AOS and just wait that out.

Has anyone else heard this before? Is there any truth to it? The immigration guy seemed quite sure that I could do this, and let's be honest... the sooner we can work, the better!

Help!

B.

Same as CAdreamer, I was asked for the I-134 and the most recent tax return for m'lady... but no I-864... my understanding is that's an AOS thing for K-1.

Was great to meet you in line! I wasn't especially chatty as I was near throwing up from nerves, but we were approved too! Woohoooo!! Congrats! :-D

Looks like plenty of appointments are there... I just got the 25th! Woohoooo!!

Just as a note... I waited 2 weeks after NOA2 (Jan 30th) and started calling the NVC. I used the automated function to check on the status, and every time was told they had no record of my file. Lo and behold, when I was visiting my fiancee this weekend, a letter shows up from the NVC, dated Feb. 8th, stating that they received the I-129F and would be forwarding it on to the consulate within a day or two.

All that to say, don't always trust what their system tells you. At the end of the day, there's not much else we can do but wait.