Moving back to US before US citizen wife

S

Scotsman99

New Member
Hello all,

Summary: I moved to California in 1996 on an H1-B to work for a database company as a software engineer. In 2001 my employment based Green Card was issued. I married my US citizen girlfriend in California at the end of 2001. We lived in CA until Jan 2006 at which point we moved to Scotland. So I was a tax paying bonna fide legal resident for nearly 10 years, 5 on a Green Card.

We had no plans to move back to the US at that point (hindsight is proving to be 20/20!). I'd never heard of a re-entry permit so never applied. So my Green Card has lapsed but we'd like to move back to the US (preferably with me getting another software engineering position in Silicon Valley and moving out there first to generate some income and set up a base). Is there any way/any easy way to do this ? Cash isn't an issue in terms of being able to prove our ability to sustain ourselves.

Any help with this appreciated!

Gary
 
If your wife has legal right to remain in the UK, then she can file for your Green Card via DCF at the embassy in London. This will take approx 6 months and is by far the quickest route back into the states as a permanent resident.
 
elcupacabras said:
If your wife has legal right to remain in the UK, then she can file for your Green Card via DCF at the embassy in London. This will take approx 6 months and is by far the quickest route back into the states as a permanent resident.
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Yes, my wife has indefinite leave to remain in the UK. Thanks!
 
Sounds like you should try for an SB-1 "Returning Resident" visa. Might be quicker and cheaper than reapplying for a new GC.
 
boatbod said:
Sounds like you should try for an SB-1 "Returning Resident" visa. Might be quicker and cheaper than reapplying for a new GC.
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Thanks - problem with that is I have to prove intent to return to the US when I was leaving. I have no good reason to give them why I should be out of the US for 2 years!

Gary
 
Scotsman99 said:
Thanks - problem with that is I have to prove intent to return to the US when I was leaving. I have no good reason to give them why I should be out of the US for 2 years!

Gary
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Maybe, but I still think its worth a shot. If you didn't formally return your GC, you may go through the application process only to be denied because you are still a LPR in USCIS eyes. The key thing to remember here is that you've only been away from the US for 2 years - surely you can say you simply forgot to apply for an I-131 or something similar?
 
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