morrise

Sb1 for sure. This is what it is for. I know this board is not very confident with them. We used one a few years ago, pre pandemic when we were out of the country for 18m. We had a very challenging pregnancy that required a great deal of follow up care and we were unsure of what the outcome would be. It was not in anyone’s interest for us to leave a country with universal healthcare while our situation was so unclear. The pregnancy ended with a beautiful healthy baby and we applied for the sb1 and were successful. I think covid and a pregnancy/baby would also be a good reason and example of you not abandoning your status, especially if you have some us ties. The process is still arduous but not as bad as reapplying. I would guess there is already an understanding that covid would have made it difficult for many people to return in a timely manner.

If you are successful then you won’t have to worry about it down the track, one reason to go this route as opposed to trying your luck at the border/airport. The long stay could come up later. Hope this helps. GL and congrats on the bub!

3 minutes ago, geowrian said:

I-130 is the immigrant visa. I-131 is for a travel document (i.e. re-entry permit).

 

Yes, it can happen. It is not guaranteed either way, though. The CBP officer will look at the case and make the determination if residence was abandoned or not.

Got it, thanks, that makes sense now!

1 hour ago, oncoming traffic said:

it seems like you only have to be in the us to file given youll need a biometrics appt, so you're right about that and potential postponement for more time. the only thing i've googled into that could be helpful to you down under is that apparently you could utilize hawaii as venue for the appointment. i know travel sucks and it's inconvenient for your family but theres no way that trip is going to cost more than relinquishing status and reapplying.

Im thinking he would need to be there to file then fly back and wait for the biometrics appt- so 2 trips... one basically immediately and one we could hopefully push back until after the baby comes- i guess my worry with this is he gets turned around at POE since its been more than 6months.... anyone know if this is what happens?  or does he just tell our story and advise that he is returning to file the reentry permit?

1 hour ago, geowrian said:

 

 

Personally, I'd say, if you can, try to re-enter the US on the GC as-is. Hopefully the CBP officer only gives a warning to get a re-entry permit next time. Doing this after May 2017 (1 year abroad) is unlikely to be successful IMO. File for the I-131 and have it sent to the foreign embassy for pickup. Biometrics would need to be done in the US as well. It's not cheap or easy or anything, but would probably be cheaper and easier than going through the entire immigrant visa process again. The time abroad would not be counted for naturalization residency purposes.

 

Best wishes.

Thanks for responding... One question on your post- you say to apply for the I 131 as it would be better than  going through the entire immigrant process again... Isnt that what the I 131 is?  What am I missing?

Hi All

Been a while since i have been on the forums but this place was a huge help to me when we were going through our original process... Our story in a nut shell:

Me- USC, Husband- Australian, 1 son- dual passport holder

2012- we successfully applied for a change of status and hubby was granted GC, restrictions were removed and his GC is currently valid until 2024.

In May 2016 we came back to Australia for a family situation that was complicated and we were uncertain how long we would need to stay- we temporarily relocated to Sydney.  In Aug I became pregnant and a few weeks into the pregnancy we learned that there would be complications and a lot of testing and possible follow up treatment once the baby is born.  At this stage the family issue is resolved but with the baby due in May, no US insurance and possible complications after birth it makes sense for us to stay put until baby is born and her condition is clear.  

Our main problem is that with everything going on I did not keep track of what we should have been doing to keep the LPR so we did not apply for a re-entry permit and I have really only just started to look into the situation in the event that we are able to move back once the baby is born and her condition is stable- most likely around Sept/Oct.  As far as I can tell we have a few options and I would love some insight into what our best course of action would be....

This is what I am guessing our options are:

- Apply for the re-entry permit immediately - this is tricky given you seem to have to be in the US to file, not sure how they know where you are but...?  the other issue with this is that the Baby is due in May which would no doubt be when the biometrics appt would be- this would be very tricky for us with another child and not much support here... It looks like you can postpone the appt up to 120 days so this could be an option... Given we left in May 2016 this is cutting the 1 year cut off very fine and I would worry about him travelling during this time to go to the appointment.... especially alone- I feel like it might be more difficult to say no to dad with family in tow... 

- Apply for SB-1 visa- this appears to be the most relevant but in reading these forums it sounds like they are difficult to have approved...?

- relinquish status and reapply- this scares me... My dad sponsored us last time as we didnt have jobs yet but he has since retired so I am not sure how this would play out... also we did it in the US last time, not across the process and timeline doing it from Aus but I imagine this would take a while... and it just feels weird to give it up to just reapply... but perhaps this is best?

We have strong family ties in the US, bank accounts, drivers licenses and job prospects although we don't own property or have jobs at this stage.... I'm totally kicking myself for not doing this properly to begin with but this is where we are at... Anyone have any suggestions or tips?  

Thanks 

E

so once i put the baby to bed i realised that i made out the check for 1040 instead of 1070.... No idea how i managed it....I blame baby brain.... at least I know what the problem is. Putting it all back in the post today. There is a brightly coloured paper included that says to put it on top of the returned packet for special consideration so hopefully it wont throw us too far off the track. Will update when there is news!

just realised that I incorrectly dated the checks, I did day/month/year instead of month/day/year.... could this be why?

so I got the package returned in the mail today... rejected based on the fees-either incorrect amount or not included.

I included two checks; $420 for the I-130 and $1070 for the i485. My understanding was that the i485 fee also included the AP and EAD application/petitions... I cannot work out what I did wrong... I will call them on Monday but does anybody have any ideas?

thanks

Hi All

First post! We sent our paper work for AOS i130 and i485 concurrent filing to the Chicago drop box on Oct 15, it was delivered on the 17th by USPS. Havent heard anything yet and the checks have not been cashed..... should I be worried?! Seems its been taking 2 weeks for most people in this thread but maybe because we are doing the concurrent filing its different? Why wouldn't they have cashed the checks? any insight would be appreciated!

thanks