K&E2009

On 5/21/2023 at 12:12 AM, igoyougoduke said:

you could ask uscis for a i-751 approval notice duplicate request 

Would you do it through call or email? Can you even email USCIS!? 

6 hours ago, Mike E said:

No that did not happen.
 

Your timeline is a mess, but from you post history it seems you did file I-751,  it was approved, and your 10 year gc was never received.

 

If so, your best move here is to:

 

* File I-90

* fly to Canada or Mexico

* walk to the border

* present your I-90 receipt, I-751 approval

* and expect a long day at the port of entry, and an I-193 fee. But you will be admitted.

 

SB-1 will not be approved

 

If I-751 was not approved, then it is IR-1 for you. Do even bother with I-407.

Do you think USCIS would be able to provide me with a copy of my I-751approval from 2015?

1 hour ago, Redro said:

💯 agree with @carmel34 but will add one more step @K&E2009… you’ll need to formally withdraw your green card before your with petitions you as you are potentially still a green card holder… 

 

ETA: have you and your wife been filing US taxes? Just your wife? Neither of you? 
ETA2: When does the 10 year GC expire? 
@Mike E might have some words of wisdom… 

My wife has been filing taxes every year we've been in Ireland (7 years)

Never formally surrendered it. But I also don't physically have it. Believe it was lost in the mail. When I enter they ask me about it and I just tell them I don't have it anymore. Which, now that we're talking through this, must mean it's been "presumed" abandoned.  

Hey all.

I am a non citizen. My wife is usc. 

She previously petioned a K1 for me and was successful. Adjusted status, got a 10 year green card.

We then moved back to my home country to work. 

Since then, I have only re-entered the US on an ESTA as a tourist to visit my inlaws. 

We are now thinking about moving back to the US. 

When reading up on how to approach it I found the below. Does anyone have any info on this type of visa? You think we'd qualify? Amy success stories out there?

Thanks!

"If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam."

What I am gathering here is that it is best to complete form I-407, wait for the "receipt" of acceptance and THEN file the I-130.

Thank you all!

14 hours ago, TM92 said:

If you go to London in person this might happen; http://www.alllaw.com/articles/nolo/us-immigration/why-voluntarily-abandon-green-card-i-407.html:

But if you mail it the London Field Office requires you to enclose a stamped, self-addressed envelope; https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office. I'm guessing the envelope is to send you a copy of the I-407.

Realistically, I will be submitting by mail. Thank you for your reply!

15 hours ago, geowrian said:

A green card can expire, but LPR status doesn't automatically terminate, even with a year abroad. It does create a presumption of having abandoned permanent residency, which does sound like was the case here. So you could, in theory, return to the US and try to enter on the green card (if you had it still...). They would have either admitted you, paroled you, or paroled and detained you. Or you could have abandon residency there.

Being abroad since 2015 with only occasional stops in the US is more likely to be one of the parole options, with the case being referred to an immigration judge.

How did you visit the US in the past since you said you didn't have a green card? ESTA?

 

You can file the I-407 at the consulate/embassy abroad to formally relinquish your LPR status. Then you can file the I-130 immediately afterwards.

I'm not sure if they need a physical green card...I doubt it since one can lose the card.

I have been entering over the last few years on ESTA. 

Thank you for the reply!

Hello all!

Some background: 

I entered the US on a K-1 Visa back in 2012. 

Conditional Green Card was approved. 

10 Green Card was approved (I have the letter, but I left the US  in August 2015 before receiving the actual Green Card). 

I am still married to my USC wife, we just live overseas. 

I have traveled to the US on vacation multiple times over the last 3 years. The only question I have been asked at the port of entry was 'Where do you live?', which I answered honestly. Nobody has asked my immigration status or for a copy of my green card etc. upon entry. 

Fast forward to now...

We are deciding to return to the US. 

In doing research, I have seen that if you haven't used your Green Card to enter the US - then it automatically gets cancelled after 1 year. Ok, no problem - we are happy to start over with the IR1 application. 

However, I have seen a recommendation to file the I-407 form to formally abandon my previous Permanent Resident Status, before my wife petitions for me. No problem doing that, except I don't have the physical green card (10 year) as I never received it - so not sure if its worth filing I-407. 

Questions for the knowledgeable:

1. Are there potential negative consequences to not filing the I-407 when entering a new IR1 application? 

2. If my GC automatically gets cancelled... then why the need for the I-407?

3. If I do file the I-407, is it better to send it to the relevant office BEFORE the i-130? Or does this matter?

4. If I do file the I-407, will I receive confirmation that it has been accepted?

5. What would you do in my position?

6. Anything else I should consider?

Apologies if this is in the wrong place, the information on this situation seems a bit scarce as I guess its not too common of a situation. 

Many thanks!

Adjustment of Status. Have a look at the link mentioned above. Very informative. 

Hi there, 

My USC wife, our USC son and I reside outside the US (for the past 3 years).

Upon reading this forum, people have mentioned 'convincing the embassy at the interview that the USC domiciles in the US'. 

Can someone explain this? 

We have her father as a sponsor for us as she does not have US income.

We plan on entering the US together once visa is approved. 

Thanks!

You have probably considered this option already, but do they not qualify for US citizenship? We live (and he was born) in Ireland and our son has both US and Irish passport.

Correct me if I'm wrong... I was under the assumption that it was only a police cert for countries you lived for more than 6 months in the last 5 years? 

Hello, 

I am a former permanent resident. My USC wife and I are considering relocating back to the US. We understand we have to start the process over from the beginning, but wondering if there are certain extra factors that USCIS will consider this time around. Obviously, they will look at a background check from my time in the US (which is clean), how about a credit check? My US credit has tanked since leaving the country since I don't use US credit and shut down all but one of my credit accounts. 

Thanks. 

I entered through Dublin a few years back on a K-1. Very straight forward. You just tell the officers you are entering on a visa, give them all the paperwork you are instructed to give them. They take you to a back room, may ask some basic questions. And that's it. Whole process probably takes 10 minutes. You land in the US as a domestic passenger, just collect your bags and go. Done. 

Which is US$76 575. 

That seems... extremely high!? 

Ok, so is it 3x 125%? 

I.e. 3x $25,525 (three people in the household)

6 minutes ago, JoJoJoJo said:

You can use assets, as long as it is 3 times more than the poverty line depending on your household size. 3 times not 5 times because you are petitioning for your spouse.

 

If using savings account, you might need 12 months bank statements. The average of the monthly balance counts.

 

If using non money assets but a physical thing like 100 cows , you might need an appraiser to officially evaluate them.

 

Sorry for the ignorance, but what is the poverty line? 

Hello, 

My USC wife and I live in Ireland.

As such, she does not have a job in the states. We have joint savings here in Ireland, she also has stock in the US. 

Two questions; 

1. Will we need a co-sponsor since she has no income from paid employment in the US, or can stock and savings be used? 

2. My father-in-law has offered to be a co-sponsor, if necessary, but he is retired with a large stock holding. Since he has no paid employment, will his stock holding be sufficient?

Thanks!

Thanks for all the great replies. Very helpful!

Just checked, Ireland does not do DCF. So that's out.

Don't think we would qualify for SB1. 

Regular filing of I-130 looks most likely if we pursue it. 

We don't make over $100k combined, so nothing to worry about on the tax front 

It's my wife that is the USC. 

In relation to this; Expats returning to the US from overseas either need to demonstrate that they are returning to work for their same company, enough liquid assets for 3X the 125% poverty level for your household size, or a co-sponsor in the US. 

I think 3x the 125% poverty line is a crazy requirement! But I don't make the rules, so it is what it is. 

I think my father-in-law would be happy to sponsor us. 

I (the non resident alien) work for an international financial services company. I may look into a transfer to the US w/visa, see what options (if any) there are.

Moving to Ireland for her was so much easier!! She was fully legal and had a job within 2 weeks, and it was free! 

Why are we considering this again!?! 

Yes, we (my USC spouse and I) file jointly through turbotax every year. 

I did not file the i407. Why? 

Can't believe I'm back here... 

So, I went through the K-1 visa process previously. 

Temp green card was approved and received.

Permanent green card was approved BUT, we moved back to Ireland before I received it in the mail - I assume it was returned to sender. 

We have been living in Ireland for the last 2.5 years ( we relocated due to work). 

Anyway..... we're thinking of going back to the U.S. We have since had a child who has his US passport and SSN - so no problems there. I am the problem 

My question; do I have to start from scratch? Will there be any issues as a previous GC holder?  Any fast track that can be done (previous GC holder, spouse and child are USCs etc.)

Just to note; I have been back to the US since leaving. No problems at immigration, so I'm hoping I don't have a bad mark in my file 

Thanks!

Thanks all. Looks like the best option is to complete the I-407. Voluntarily relinquish the PR status.

And, if we are to return to the States in a couple of years - have my wife petition the IR-1.

Sounds like a plan!

Thanks!

OP has mentioned nothing that suggest he has retained his US residency status. Quite possible to lose it in a day.

You fill in the I 407, and there is nothing to stop you being petitioned again, I can think of several people who have done this.

Is that form mandatory?

What are the consequences if I don't complete that form??