kamal_srj

Any precautions to take at POE under option #1?

My wife is on GC since 2010 whereas myself and kids are US citizens since 2015.

My wife (and kids) moved to India in 2016 to take care her father's health and a few other family property sale & purchase matters. Last they traveled out of the US was in Nov-2016. We had plans of them coming back, but because of situations beyond our control they couldn't travel back in 2017 and 2018. Even I had to take break from work and stayed with them for full 12 months during this period. We did not apply for Re-Entry Permit for my wife as we never thought that the stay would extend this long.

My family still needs to be in India for a year or two but we would like them to travel to the US to live with me for short trips of 2-3 months. How should we go about travel documentation for my wife so she can easily travel and live with me for short duration of 2 - 3 months?

Here are the options:

1. Travel to the US and convince the officer at POE to allow entry into the US. If allowed, apply for re-entry permit and then travel back.

2. Apply for returning residents visa and apply for re-entry permit after being admitted to the US

3. Surrender GC apply for visitors visa

4. Any other options???

Some facts:

1. We have been filing joint tax returns in the US all these years

2. We bought a property (jointly) in 2017 and sold another property in 2018

3. Her father went through a heart valve replacement surgery in 2017 & eye surgery in 2018

4. Neither my wife nor I took any job in India while we lived in India

5. We kept our belongings in storage for 2+ years

6. Her driver's license expired in 2018