Green card holder over-seas after reentry permit expired

Indorock

New Member
My wife left the u.s. to help her father last November. We requested 22 month stay in japan, but only received 12 months. We left together. Her father passed away a month later and she wanted to support her mother by staying here for the 22 months. I thought there was a mistake on reentry permit so I had also returned to the states in February to do taxes, and try to fix tho reentry permit. I returned to japan in April and we both have been here ever since. I also took a job as an English teacher. In June, I was told that we received the "corrected reentry permit." I have the email saying that they sent a corrected version, which meant to me that indeed there was an error, and that the new expiration date for 22 months later would appear on the permit. However, we my parents back in the us only received the old document with no corrections on it. So, I kept contacting uscis, and they did investigation and finally in august, they told me to send the old document back to the Lincoln Nebraska center where it was originally made. I finally received mail stating that there was nothing corrected. The original expiration date of 12 months is correct due to her being only a conditional resident at the time of application. Also when it expires, she will need to reapply again. It is my understanding, however, that she is only capable of applying within the us. So, it looks like her only options are an SB-1 visa or apply for a green card from scratch. Some of the questions I have are:
When applying for a returning resident visa, is her accompanying me, a US citizen, good enough to apply for the returning resident visa?
Also, she is 8 weeks pregnant. While she is not exactly medically incapacitated, would it help her get the returning resident visa?
If the SB-1 visa cannot be attained, and there are no other alternatives, if she voluntarily abandoned her permanent residency, would it be extremely difficult to start from scratch and apply again? Would I be able to apply within Japan?

Also, around April this year, she got the ten year permanent green card. My parents mailed that to us.

Any help would be greatly appreciated.

Thank you!
 
I'd say you'll have a difficult time with the SB1 visa because, when you were dealing with CIS, your wife could have gone to the US for a short visit before a year had passed since you knew things were not going according to plan, and you didn't know how it would go with CIS and rectifying what you thought was an incorrectly issued RP.

Go ahead and try for the SB1 visa, but as the spouse of a US citizen, it'd take only a few months for a new permanent residence application. It'd cost you a lot more, though. Where is she going to have the baby? In Japan or in the US?
 
I'd say you'll have a difficult time with the SB1 visa because, when you were dealing with CIS, your wife could have gone to the US for a short visit before a year had passed since you knew things were not going according to plan, and you didn't know how it would go with CIS and rectifying what you thought was an incorrectly issued RP.

Go ahead and try for the SB1 visa, but as the spouse of a US citizen, it'd take only a few months for a new permanent residence application. It'd cost you a lot more, though. Where is she going to have the baby? In Japan or in the US?

She will have the baby here in Japan. I am still confused as to the meaning of "accompanying a US Citizen" under the SB-1 guidelines. The only meaning sounds like that if she came with me and was unable to return to the US due to me working here then she would qualify for the SB-1. I also can get documentation from her doctor saying she is not allowed to travel due to her pregnancy. I'd really hate to go through he whole PR app process again. Anyways, thank you for your advice. I really appreciate it!
 
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