How to get re-establish permanent residence status after denying SBI?

#1
I got NIW green card and I and my wife entered the USA in 2015. We stayed only two weeks and came back with the intention of returning after the settling things back at home. I lost and found my plastic card after USCIS sending it to a wrong address, but not my wife's. I found it after entering the USA on SB1 since I couldn't enter due to lack of the card for over one year. But my wife couldn't enter since then because of no card. . I was writing this to USCIS, filed I 90 and wrote to the local embassy but nothing worked Then I applied SB1 for the wife. It was rejected last week saying she returned before receiving the card. My kids are US citizens ( 7 yrs and 10 yrs) and I have the valid card and status. We cannot move as a family because she doesn't have. Kids desperately need to go back to school there. How can she get the resident status back?.
 

SusieQQQ

Well-Known Member
#2
This is not clear. When you say “was rejected last week saying she returned before receiving the card”, was your wife’s initial green card application denied because she abandoned her adjustment of status application by leaving without advance parole before her GC was issued?
 
#3
She was issued Green Card. She entered first time. But didn't stay until she get the plastic card. Her card was nevere issued or lost. She couldn't go back because of hving no card. When file the SB1 it was rejected because she initially left before plastic card comes. Hopw this makes the case clear.
 

SusieQQQ

Well-Known Member
#4
She was issued Green Card. She entered first time. But didn't stay until she get the plastic card. Her card was nevere issued or lost. She couldn't go back because of hving no card. When file the SB1 it was rejected because she initially left before plastic card comes. Hopw this makes the case clear.
Not really, because it’s quite common to do that (leave before the plastic green card arrives). The immigrant visa becomes a temporary green card valid for a year, and many people use that to return. Anyway the fact that really matters is that she was refused SB1 (not really surprising tbh if she stayed for only 2 weeks 4 years ago, I’m kind of surprised you were issued one) so your only option now is to file for her as spouse of a green card holder. As you probably know that is approximately a two year process, so there is currently no way for the family as a whole to move together, and you have to be domiciled in the US to sponsor her (and of course to avoid losing your own green card again). It looks like your choices are either you move with the kids and wait for her F2A case to process, or you all remain in your home country. Such a pity to have abandoned the GC.

By the way - if her card was never issued or lost, it sounds like the green card fee was never paid?
 

newacct

Well-Known Member
#5
What do you mean "She was issued Green Card"? Did she enter the US with an immigrant visa? Or did she do Adjustment of Status in the US and got approved (and was her stay in the US before or after this approval)? or do you mean something else?
 
#6
Not really, because it’s quite common to do that (leave before the plastic green card arrives). The immigrant visa becomes a temporary green card valid for a year, and many people use that to return. Anyway the fact that really matters is that she was refused SB1 (not really surprising tbh if she stayed for only 2 weeks 4 years ago, I’m kind of surprised you were issued one) so your only option now is to file for her as spouse of a green card holder. As you probably know that is approximately a two year process, so there is currently no way for the family as a whole to move together, and you have to be domiciled in the US to sponsor her (and of course to avoid losing your own green card again). It looks like your choices are either you move with the kids and wait for her F2A case to process, or you all remain in your home country. Such a pity to have abandoned the GC.

By the way - if her card was never issued or lost, it sounds like the green card fee was never paid?
Thanks for the advice
 
#7
What do you mean "She was issued Green Card"? Did she enter the US with an immigrant visa? Or did she do Adjustment of Status in the US and got approved (and was her stay in the US before or after this approval)? or do you mean something else?
Yes she entered with an immigrant visa.
 
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