TexaninTaiwan

2 hours ago, pushbrk said:

Correct.  If you cannot find it, simply hand write "unknown" in the space.  No problem.

Thanks for the feedback. If I may follow up...how certain are you that it won't be a problem? I would hate to have her form denied because it is considered incomplete by the bureaucracy. 

Hi, 

I am an American. My wife is French. We got married in South Korea 11 years ago. 

Right when we got married, she applied for and received conditional permanent residency. 2 years later, the conditions were removed. 

7 years ago, we moved to Taiwan for a short trip that turned into a long trip. We are still here now. We have 2 kids, both with US citizenship and passports. She has officially abandoned residency.

We want to move back to the US next spring. We are filling out the I-130. It asks for my wife's social security number. 

She doesn't have it or remember it. It's gone. 

To get a new SSN card, we have to show proof of her legal status as a resident, which she no longer has. So we need the SSN to apply for residency, but we don't have the SSN and we need residency to recover the SSN. 

How do we move forward? 

On 9/21/2017 at 5:40 PM, Loprime said:

Thank you! I have just sent an email.

Hi, 

Any updates on how this worked out? 

Thanks to everyone for your time and attention. I really appreciate hearing all of your resonable responses. 

She is going on Thursday to officially abandon residency at AIT. Then, apply for ESTA. Then, worry about moving back and that process next year. 

Yes, as many of you have figured out, fine isn't the right word. I think it was the I-whatever form. 

It's all moot now, we're going with the safe choice. Abandon, ESTA, worry about tomorrow, tomorrow. 

29 minutes ago, geowrian said:

LPR status remains until revoked or explicitly abandoned abroad...it doesn't automatically get revoked just be being outside the country for too long. There are quite a number of people who have been admitted with only their green card after 1 year abroad. If it's not too long abroad and they can show they maintained ties and residency in the US, they can be admitted as-is. If that fails and you still don't want to give up your LPR status, the alternative is to argue your case in front of an immigration judge

 

If the OP was out of the US for a little over a year or even maybe 2 years or so, or had some situation where they were either unable to return or never established residency elsewhere, trying to argue the case at POE and possibly an IJ afterwards is one option....assuming they maintained sufficient US ties. After 7 years abroad and having actually established residency abroad, that path has slim to no chance of success.

 

It would be better, IMHO, to formally relinquish the green card prior to travel and then try to obtain a tourist visa (or ESTA assuming they never overstayed in the past...idk how they got residency the first time). Then when ready to immigrate, they can start the process for an IR-1 visa.

Yeah, I think this is what we are going to do. Do you know much about the ESTA? My wife has only ever entered the country as a resident. She is French with an epassport so qualifies for ESTA. She will go next week to formally abandon residency. 

1 hour ago, Boiler said:

There is no fine option.

I have talked to a green card holder who paid a fine ($585) and retained residency. 

Thanks to everyone for the responses so far. 

Yes, I understand what residency means. Yes, I know that we have not been residents. Yes, I also know it's not a black and white issue. 

There is some discretion at the PoE. A friend's wife holds a green card. She returned after a 5 year absence. She was given a fine and retained her residency. During her 8 hour detainment, the options above were what was explained to her. 

I think you are right that her residency will be deemed abandoned. 

 

2 minutes ago, JFH said:

This doesn't make sense. Residency is for people who live in the USA. By not living here for 7 years she has abandoned residency whether she likes it or not. Residency is not something you can choose to keep if you move overseas. 

Thanks

I'm American, my wife is French. We went traveling and then ended up staying in Taiwan. 
 

7 years later, we are returning to my home in TX for Christmas, with a 3 year old, and a 2 month old, both USA passport holders. We fly into Houston, if that's important.  
 

I'm looking for any information about what could happen to my wife if she reenters on her green card. 
 

My understanding is that 1 of 4 things could happen. 

1. She's allowed entry with ease. 
2. She's detained, questioned and fined, but allowed to keep residency.
3. She's detained, questioned, her passport confiscated and told to report to Immigration Court. 
4. She's detained, questioned, and surrenders her residency.
 

We plan to move back to the USA permanently in summer 2018 so we don't want to surrender residency. 

Thanks