I am a US citizen. My wife is a Japanese national who holds an I-551/IR-1 that expires in 2014 (original GC was issued in 1988). We moved to Japan from the US in 2008 for my work. Prior to moving my wife was issued an I-327 which expired November 2010. She visited the US in August 2010 and was admitted with her I-327. She travelled to the US again in March 2011 after her I-327 had expired and was admitted ARC, however her "A" number was written after "Until" on the stamp in her passport. First time that's been done on multiple entries over the past 25 years, and not sure what it indicates.
We are planning to move back permanently this summer (2013) and are unsure of what procedure we should follow to allow a problem-free entry for her. Go for an SB-1? Start a new I-130 process? Enter on tourist visa then apply for status change? Enter on GC and cross-fingers? We will be traveling together regardless.
She has maintained a US 'presence' since we moved to Japan in 2008 by:
1) active bank accounts (joint with me)
2) filing, and paying, US federal taxes (married, filing jointly)
3) our son (native-born USC) resides in the US
4) continuous contact with family and friends in the US
5) currently purchasing a primary residence in the US (both our names on all documents)
Other notes:
A) we do not have a permanent US address at present (could we list the home we're buying when purchase is final? or my mother's address?)
B) both our US driver's licenses have expired (tried to renew but couldn't without permanent US address)
C) my wife has been employed part-time, occasionally, in Japan since 2009
D) I do not work for a US company, nor am I military
I've spoken with the US Embassy/Tokyo and USCIS and related the above details, however, both agencies were unsure of what procedure to follow. Somewhat amusingly, each agency suggested contacting the other for the best advice. Fans of Joseph Heller it would seem. USCIS also suggested calling USCBP and simply ask if my wife could be admitted on her GC again … I actually got the sense the USCIS officer thought that was a possibility. Haven't been able to speak to a real person at USCBP yet.
Little note: The USCIS officer I spoke with was incredibly polite, friendly, and understanding … just didn't have a "do this" answer.
We want to follow the proper and best procedure. Any advice would be greatly appreciated.
We are planning to move back permanently this summer (2013) and are unsure of what procedure we should follow to allow a problem-free entry for her. Go for an SB-1? Start a new I-130 process? Enter on tourist visa then apply for status change? Enter on GC and cross-fingers? We will be traveling together regardless.
She has maintained a US 'presence' since we moved to Japan in 2008 by:
1) active bank accounts (joint with me)
2) filing, and paying, US federal taxes (married, filing jointly)
3) our son (native-born USC) resides in the US
4) continuous contact with family and friends in the US
5) currently purchasing a primary residence in the US (both our names on all documents)
Other notes:
A) we do not have a permanent US address at present (could we list the home we're buying when purchase is final? or my mother's address?)
B) both our US driver's licenses have expired (tried to renew but couldn't without permanent US address)
C) my wife has been employed part-time, occasionally, in Japan since 2009
D) I do not work for a US company, nor am I military
I've spoken with the US Embassy/Tokyo and USCIS and related the above details, however, both agencies were unsure of what procedure to follow. Somewhat amusingly, each agency suggested contacting the other for the best advice. Fans of Joseph Heller it would seem. USCIS also suggested calling USCBP and simply ask if my wife could be admitted on her GC again … I actually got the sense the USCIS officer thought that was a possibility. Haven't been able to speak to a real person at USCBP yet.
Little note: The USCIS officer I spoke with was incredibly polite, friendly, and understanding … just didn't have a "do this" answer.
We want to follow the proper and best procedure. Any advice would be greatly appreciated.