Wife was LPR now wants a tourist visa

ustelephone

New Member
My wife of 7 years and I live in the Dominican Republic. She was an LPR and entered and exited 3 times. We have no intention of moving to the US but want to travel with our Am Cit daughter to Disney and such. We've been told not to bother trying for the tourist visa because of her marriage to me, but we don't want to lie and tell a story that we're moving. I've been holding off on the I-130 for over a year and really don't want the nightmare of having to enter and exit to maintain a green card again. Is there no way for me to just travel to the US with my family?

I am a business owner and neither my wife nor I have any criminal background.
 
She should officially surrender the GC with form I-407 at a US consulate in DR. Then she can obtain a tourist visa (probably in the same visit to the consulate). The fact that she officially and voluntarily gives up the GC would be strong evidence of not having immigrant intent, so she shouldn't have a problem getting the visa if her other affairs are in order (i.e. she has ties to the DR like a home and/or job).

If she already lost her LPR status, and lost it forcibly, that is another matter. Is she still an LPR, and if not, how did she lose that status?
 
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She was granted LPR in 2005 and lived with me for 5 months in Florda. We moved out together to various countries because of my business. She re-entered 2 times no problem. She lost her LPR because we stayed out over 1 year. We had filed to remove her conditions, but she couldn't enter to be at the appointment.

Last year I had a heart attack (I am only 39) and wanted to go home. We filed an SB1 per the consulate which they then denied because "she did not stay out for reasons beyond her control".

My wife is a housewife with no property or job. I own a business based in Miami with an office in Santo Domingo. We have no intention of living in the US, so filing an I-130 would seem to be dishonest. We have 2 furnished rental apartments in Santo Domingo, both in her name. Our daughter, a US citizen goes to school here.

I have 2 other kids in Florida and I want to go and see them with my family. If I had any intention of living in the US I would simply file the I-130 which I would have no problem qualifying for. We are not in any kind of a hurry, so if I have to do the I-130 that's fine ... but what to I tell them ? Do I tell the consulate that we are going to move to the US? Do I put on a show when we arrive at the POE with suitcases full of our belongings? Then what, go in to the embassy and surrender the GC hoping that they give her a visa? Why are they putting us through this nonsense? What is the motive behind there madness? Even if she entered on the tourist visa and did an AOS, big deal, same money, same forms. We've lived together 7 years and she had 3 opportunities to jump ship in the US. If a Dominican woman LEAVES the US to go back to the DR with you, three times, that's a marriage.

Another question. I have to go to the consulate next week for a new passport. Can I request to speak with a consulate officer or make an appointment to do so? Is there such a thing?
 
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