valentinanola

18 minutes ago, Crazy Cat said:

The US was always open to returning citizens and Green card holders.  

Our jobs laid us off as soon as Covid hit, we couldn't move back with no job.

20 minutes ago, Crazy Cat said:

To clarify, you had a conditional Green Card, but never submitted an I-751 to remove condition.  Is that correct?

Exactly, and it expired while I was in Italy and we ended up having to stay due to Covid

17 minutes ago, Dashinka said:

This did seem familiar.  Did you file the I407?

 

 

Thanks Dashinka, I did not. It all seemed very complicated and I just went back and re-read those threads and couldn't find any clarity.

I do not understand what is the best way forward for us... and I-130?

Thanks Dashinka, I did not. It all seemed very complicated and I just went back and re-read those threads and couldn't find any clarity.

I do not understand what is the best way forward for us... and I-130?

Hello everyone,

In 2016 I moved from London (I'm an Italian citizen who lived in the UK) to the US on a K-1 visa and married my now husband in New York. We had our first child in 2018, and in August 2019 we decided to come to Italy for a long stay (6 months) to allow my parents to spend time with our child. A few months later Covid hit and we were unable to move back due to a new pregnancy and loss of job. This means that my green card expired and I wasn't able to renew it.

Now we would like to move back to NYC with our children, however as I am the only one with no citizenship I was wondering what would be the best way forward to reapply to move back. We do not have any assets in the US and our only co-sponsor would be my mother in law, as my husband currently works here and does not own any property back in NYC.

Any info would be much appreciated.

Thanks!

34 minutes ago, milimelo said:

Household size is 4 but the only one needing sponsoring via I-864 is you. The $$ for sponsorship  is at the household level. 

Thanks! Since my husband works in Italy and doesn't have any assets in the US, his mom will be our co-sponsor. Should her income level only be enough for me or for our household?

Hello everyone!

I recently posted as my husband and I are in the process of moving back to the US. A short intro:

I moved to NYC from London (I'm an Italian citizen) in January 2017 with a K-1 Visa and got married to my US Citizen husband within a month. I  got a conditional permanent resident green card, had our first baby in August 2018 and moved back to Italy in August 2019. We were meant to stay for only 6 months, but then due to COVID, work issues, and another pregnancy, we were forced to stay in Italy and I failed to remove conditions on my green card (which also was stolen along with my wallet a few months ago, so I do not have the physical one anymore but only copies of it).

We are now gearing up to apply for an I-130 to re-enter the country, both our children are US Citizens as one was born in the US and the other one was registered at the US Embassy in Rome after her birth. My question is: as I am the only one that will in fact be immigrating as both my children and my husband are US citizens, will the I-864 still have to account for a household of 4? Or will I be the only one needing a sponsor?

Thank you in advance for all your help!

3 hours ago, SteveInBostonI130 said:

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

I do have all the info (I have a scan of my green card), but I believe that without a physical copy it’d be difficult to enter. 

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! 

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. 

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. 

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?

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? 

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?

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! 

1 hour ago, DelilahBrz said:

We got our GC no interview. It was on fingerprint fee accepted for what seemed like forever, then it just changed to "approved" and new card being produced. Just out of no where. 

Same for us!

Just now, T_P said:

Thats easy. Thanks

Yea well, it's not like we were expecting it lol. They just decided an interview wasn't necessary in our case I guess.

18 minutes ago, T_P said:

Mind sharing your interview experience? questions etc?

Hi, we were approved with no interview. I was waiting for an interview appointment but we just received a letter saying we were approved and my Green Card was enclosed.

Sorry I can't help!

My Green Card was approved without interview on 12/14 and I received it in the post on 12/21. Glad to be done with USCIS for a couple of years!

Hi guys,

My RFE was received by USCIS on the 26th of May. I got my EAD in June but still no luck with the Adjustment of Status. Anyone in NY that is in the same position as me?

My EAD was finally approved on the 20th and mailed to me on the 23rd!

Hey guys, sorry about the stupid question, but where can I check the status of my application besides the USCIS website?

Just now, Love_A_Brit said:

I think you might need to check the "yes" box on Part 3, item 1.  Double check me on this.  The rest stays blank unless you're immigrating with other family members. Somewhere on this forum, there are really good sample forms for AOS paperwork. I relied heavily on those samples, and so far (fingers and toes crossed), no RFEs for this stage of the process.   

Thank you, the problem is that I could only find old versions of the affidavit samples, do you know where I can find the newest version?

2 minutes ago, Love_A_Brit said:

Hi there! Assuming you are sponsoring only your new spouse, you'll enter a "1" on line one and a "1" on line two.  That takes care of you and your spouse.  After that, you need to account for any children in the household or other dependents (lines 4 and 5) as well as any other people you have sponsored in the past, if applicable (line 6).  You add them all up to come up with a household size at the bottom of part 5.  

 

In my case, I entered a "1" on line one for my spouse, a "1" on line 2 for myself, and a "1" on line 4 for my daughter.  Total household size = 3.

 

Does this help?

Yes I get that, but it's also the previous part that confuses me. Do I have to repeat all my details under part 3 which is INFORMATION ABOUT THE IMMIGRANTS YOU ARE SPONSORING.

I am the beneficiary, my husband is the american citizen and he's the sponsor.

2 minutes ago, Ben&Zian said:

Depends how many people you put in Part 3 as it says.

 

Then persons NOT sponsored, obviously is yourself, and then any others you put in, then #8 is the total. That dictates your household size for how much you need have for income.

 

For us, my partner(beneficiary) was only one listed in part three, so #1 is just 1.

Then #2, myself, so 1.

 

#8 = 2 for household size.

Yes but I'm still confused. On part 2 I put all my details as I'm the immigrant, do I have to repeat the same on the 3rd part? I'm just so confused by this all thing. It's annoying... I'm sorry guys, I'm becoming super frustrated.

Hi guys,

We received and RFE on our AOS application, no big deal but we never had one before and I want to make sure I do this right to avoid further delays.

The new form is so confusing, it's driving me insane. I'm adjusting my status from a K-1 visa, and PART 5 of the form is confusing me, can someone please help me? 

I have attached a picture so you guys can see what I'm struggling with.

Thank you so much!