CP or AOS after surrendering Green Card and living abroad?

[MGPegre]

I have a question I'm having trouble finding a specific answer to. Maybe somebody can help!
Here is some background information. I am a US citizen married to a Spaniard. We were married in the US 17 years ago, obtained her green card, but after a year we decided to move abroad where we have been ever since. She did voluntarily surrender her green card at the embassy about a year after having left. We have two children, both of whom were born abroad but have their consular reports of birth abroad and us citizenship. In the time we have lived abroad I have maintained no assests, nothing, in the U.S.
Now, we wish to return to the US with our children and here I start having doubts as to what are the best options for us.

- Having surrendered her green card I'm assuming that we will have to do the entire process all over again, and the fact that she did surrender it should not be a problem for us.

-As she did surrender her former green card over 14 years ago, how do we inform them of this when we have no idea what her former A number was? Is it even necessary to file that information, and if so, where (I see no provision for this on the I-130)?

-Living currently abroad (both of us together), is it better for her to obtain an immigrant visa via consular processing, or to get a K3 visa, we move to the states, and then file the 485 for adjustment of status? Which takes less time?

-As I have no assets nor employment in the US right now, can I use a Joint Sponsor (my parents) to meet the requirements of the affidavit of support?

If anybody has had an experience like this, or has advice, I'm all ears!
Many Thanks,
MGPegre

 

[Jackolantern]

- Having surrendered her green card I'm assuming that we will have to do the entire process all over again, and the fact that she did surrender it should not be a problem for us.

Correct.

-As she did surrender her former green card over 14 years ago, how do we inform them of this when we have no idea what her former A number was? Is it even necessary to file that information, and if so, where (I see no provision for this on the I-130)?

If she has a copy of the old green card, it can be found on that. Otherwise it might be in the expired passport she used to enter the US for the first time as a green card holder, or on some of the old green card paperwork. If she can't find anything with it, just leave it blank. They'll look it up, although it could take them extra time to do so.

-Living currently abroad (both of us together), is it better for her to obtain an immigrant visa via consular processing, or to get a K3 visa, we move to the states, and then file the 485 for adjustment of status? Which takes less time?

K3 is a waste of time, as these days it takes about the same length of time as an immigrant visa. Some consulates will even process K3 applications directly for the immigrant visa.

-As I have no assets nor employment in the US right now, can I use a Joint Sponsor (my parents) to meet the requirements of the affidavit of support?

Yes, as long as they're US citizens or permanent residents who live in the US.

Note that if you want to use assets for the Affidavit of Support, the assets don't have to be in the US as long as they can be sold/converted to US currency and transferred to the US without too much delay. Your spouse's assets can also be counted.

 

[MGPegre]

Thank You Jackolantern!

It seems our best option is to forget about the K3 and just wait for the immigrant visa. We have to file via the Chicago Lockbox as the country we live in doesn't allow for Direct Consulate Filing (I envy those that do!).

Thanks for the info on the old green card. We may still have some document around that has her old Alien Number, otherwise I'll leave it blank. I've sinced looked again at the form and I see that that information goes in C.12, and D.2.

All the Best,
MGPegre