RevGreen

9 minutes ago, retheem said:

😂😂😂good luck with that. These are the consequences of doing things without thinking. I can tell you for sure that the SB1 is a non starter

Thanks I'll let the attorney know that a random forum poster knows more than him

I met with a local immigration attorney today.

He confirmed that my wife IS eligible for an SB-1 but approval is of course not a guarantee. He was also able to answer the question I posted earlier than you all so kindly ignored.

Done with this thread now so good luck to you all.

2 hours ago, Boiler said:

So she has removed conditions? I am unclear what has happened as it appears she needed to do that.

Again, from the local US Embassy website:

Quote

A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the U.S. for longer than one year, or the validity of green card or one year whichever shorter (for conditional resident), or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence.

So does anyone have an answer for my questions above or not?

1 hour ago, milimelo said:

Sounds like the wife had 2-yr green card and you let it lapse. If that’s the case, the only thing you can do is start again with I-130. 

No... you are wrong. If you read what I shared:

I have a few questions regarding the DS-117 form.

In section 8 it asks the following:

1. DHS "A" Number
2. Immigration Category
3. Previous Immigrant Visa
   1. Date of Issue
   2. Place of Issue
4. Adjustment of Status
   1. Date of Adjustment of Status with DHS (IF ANY)
   2. Place of Adjustment of Status with DHS (IF ANY)

I am wondering about 'Immigration Category'. Would that be her original visa - which was a K-1. Or would that be her category when she departed the US - which was Legal Permanent Resident?

Also what about the Adjustment of Status Date/Place? Would that be the notification date on the I-797 approving the permanent residence application? Or something else? And what about the place? Is that the field office where we went to interview?

From the State Dept. website:

Quote

If you are an LPR unable to return to the United States within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.

So we will apply for the SB-1 at our local Bangkok US Embassy.

And a bit more context -

My wife and I married in July 2018. Around July 2019 we moved back to her home country (Thailand). We did not obtain a re entry permit as we only expected to stay away for roughly 6-8 months (tying up loose ends with her family, moving some more of our belongings, etc). But then COVID hit Thailand around Jan 2020 (Thailand was the first country with cases outside of China) and we became a bit anxious to travel. And of course the rest is history.

Her GC expired in Feb 2021. We are both still in Thailand. We have maintained ties by continuing to file our taxes as a married couple. We do not own property or assets in America (never have).

Our intention is to apply with the condition that covid impacted our plans and we wanted to wait until we had a safer option for returning. Now my job is asking me to relocate (from remote to a new office in Kentucky) and of course vaccines are widely available. So  it's as good a time as any to finally go back (if granted permission)

Hello

Does anyone have experience with obtaining a Returning Resident Visa (Form DS-117)?

We left the US and have been away for over 2 years. But 1 year of that was COVID. Now that things have normalized a bit we want to return to America. I understand it's not a guarantee. If we are declined we will redo the process and try to obtain an IR-1 visa.

I am looking for anyone with experience of advice in obtaining the Returning Resident Visa.

We've moved back to her home country, but I still work for a US company and will be filing US tax returns. After she abandons her PR status will I still be able to use her SSN when we file our joint return?

My wife completed her AOS and received her card back in January. In May we moved back to her home country. I understand she loses status after ~6 months out of the country. Is there anything we need to do as far as cancellation immigration status? Or if we do nothing will it just expire and that's that?

NOA date - Aug 13

Combo card received - Jan 19

However we are still waiting on some kind of update on I-485 😕

154 days later.... "New Card is Being Produced"

FINALLY!

Well I suppose it's a good thing neither of us have any interest in being in America. I suppose I'll just plan on my family coming to visit us instead of vice versa

12 minutes ago, mushroomspore said:

Unfortunately I would not count on your wife getting a tourist visa ever, but there is never any harm in trying. It's VERY difficult for women from Thailand and surrounding areas to get them, especially if they have American significant others. I would suggest waiting YEARS before ever attempting.

What's required is strong ties to the home country... we are about to close on a house + property in Thailand. Plus the car we will be purchasing. Plus the jobs we will have. I understand what you're saying, but I think you could be overstating a bit. But this isn't really the forum for that debate.

1 hour ago, Going through said:

 

In fairness to the OP.....rereading the thread, it is more clear that the "she has no intent to live here" part was in reference on how to prove that to POE (if intent is perceived to stay and adjust status) at a later date when returning to the US for tourism purposes.  Not in reference to having "no intent" when K1 and AOS was previously filed for:

 

OP is basically saying their lawyer advised that surrendering/withdrawing the AOS is a way of (hopefully) showing no intent to stay and adjust status when crossing in the future as a tourist, if intent is brought into question at POE.

 

OP, keep in mind that entry is only guaranteed to US citizens---with a US spouse, and having had immigrant intent before, expect some level of scrutiny at the border for your foreign spouse.

Good info. Thank you for this.

5 minutes ago, ykowalski said:

Let us stick to answering the OP's question and not get sidetracked by what made him change his mind. 

Thanks.

I am well aware that leaving cancels the process. I'm simply wondering if anyone has experience in getting a tourist visa AFTER surrendering PR or similar.

Just now, M&JB said:

Being rude don’t give you good answers on here. One may just simply wonder why.

But I already said why... because of a job opportunity.

4 minutes ago, Paul & Mary said:

It is hard to get a tourist visa for a USC spouse.  Not that it is always denied but you really have to show non immigrant intent.  

 

Why did you go thru all of the wait if you were planning on going back to Thailand to work?

 

 

Obviously we didn't plan to move back. But some opportunities you can't say no to.

Our lawyer had explained that having surrendered PR would be favorable in the future, as she already demonstrated that despite a clear path to PR and a Green Card, she has no intent on actually living in America.

We've been waiting 150 days for my wife's AP / EAD. Unfortunately we can't wait any longer. My wife and I have both received job opportunities back in Thailand that we can't refuse. So - I understand that if we leave it will make the whole process void. Will that have any repercussion on her getting a tourist visa later on when we want to come visit my family? What if we wait for the AP, but not for the AOS interview. Will that be a better "look" for her in the future?

Gosh. Still nothing after 137 days. My wife and I both have great job offers in her home country. But we really don't want this process to have been for nothing, which is exactly what will happen if we don't get some sort of news soon 😕

22 hours ago, ArgentinaTamara said:

we are doing Hawaii.. best option without leaving the US! 

This is a good idea! I've never been myself either.

20 hours ago, Lariviegas said:

Sorry to hear that. This whole process is very frustrating. I hope you guys figure something else out.

We are looking into alternatives. Our plan for our "honeymoon" was to do another wedding ceremony back in her home country so her family could take part this time around. Planned on traveling in late January, which would be 5 months from our application (I was anticipating this taking 3-4 months based on what I'd read). But now it's just a bit too close for comfort. Better to cut our losses now while we can still get some refunds.

115 days and counting.. honeymoon officially cancelled 😕

61 days since responding to RFE on I-485

105 days since I-131 was received (we have a our honeymoon coming up after Christmas, not sure what's going to happen with that)

70 days since fingerprints were done for I-765

Thought that this process would be much easier than K1 because at least we'd be together, turns out it's actually just as difficult.