Need help with filing/resurrecting green card of US citizen spouse

Subzu

New Member
Hi,


Need your help with a few questions on my wife's green card issue. Myself: US citizen, Spouse: Has had green card approved before.


Me and my wife have lived in the US for over 10 years during which time we got our EB based Green card applications processed and approved. My wife had to leave the US indefinitely a few years back while still in GC status. Unfortunately, we could not file for her I-131 re-entry permit on time so she could not get that processed. She has since been out of the country and has not travelled back to the US. The GC was also not surrendered to the local consulate with I-407 and has expired just a few months back.

I got my US citizenship a couple of years back and have joined my wife since. Now we both want to come back to the US so we are trying to see the best way to get my wife’s GC processed. Any advice in this matter is much appreciated.

A few questions…

Is there any way to resurrect her expired GC?
Since the GC was not surrendered to the local consulate will it be considered as an abandonment? Can this cause issues?
Do I need to be physically present in the US to file for her GC?
How long does the whole GC process take approximately for a US citizen spouse application?

Thanks much in advance.
 
Being gone a few years is too long. Since her card is expired, she can't even fly to the US and gamble that the officer or an immigration judge will let her in. So her only option is getting an SB-1 returning resident visa at a US consulate, and those are very hard to get, even when not gone for that long.

The easiest option is to just petition her as the spouse of a US citizen. You do not have to be present in the US to petition her, but you have to be domiciled in the US. The whole process takes around a year from the filing of the petition to getting of the immigrant visa, but it varies a lot from consulate to consulate.
 
Thank you! newacct for your valuable inputs...much appreciated.

A few followup questions...

Given that the chances of getting SB-1 approval is very low should we completely rule that out or give it a try? We do still hold joint bank accounts in the US and she may still have some credit cards etc. active. We have been filing our US taxes as well as a joint return. But no home ownership. I am guessing we would probably need an attorneys help if we want to pursue this option.

If we want to file a new petition then should we go ahead and surrender the GC using I-407. Will the consulate even accept the I-407 after all this time and the fact that the GC itself has expired?

What does it take to be considered domiciled in the US?

Will the application process be any faster if I actually lived in the US and filed from there?

Thanks again.
 
Given that the chances of getting SB-1 approval is very low should we completely rule that out or give it a try? We do still hold joint bank accounts in the US and she may still have some credit cards etc. active. We have been filing our US taxes as well as a joint return. But no home ownership. I am guessing we would probably need an attorneys help if we want to pursue this option.
SB-1 requires that she stayed outside the US for more than a year due to circumstances beyond her control, and she hasn't been able to return until now due to circumstances beyond her control.

If we want to file a new petition then should we go ahead and surrender the GC using I-407. Will the consulate even accept the I-407 after all this time and the fact that the GC itself has expired?
It's not necessary to surrender the GC to file a new petition; permanent residents are allowed to get an immigrant visa on a different basis and "re-immigrate". They will accept an I-407 even if the card is expired -- the card being expired does not mean permanent resident status is lost.

What does it take to be considered domiciled in the US?
I am not sure but I believe you have to have plans to move back permanently to the US soon.

Will the application process be any faster if I actually lived in the US and filed from there?
I don't think so. Depending on the country, it might be faster if you have some kind of long-term resident status in the foreign country you are in, because then (if you are in a country whose US consulate can do Direct Consular Filing) you may be able to file the petition directly to the consulate instead of USCIS.
 
Hi:

This is Jemma from Atash Law, an immigration law firm. I read your question on the forum regarding your wife's green card question, and believe that our lawyer might be able to help. I will maintain a record of your question and forward it to the lawyer, Shlomi, and see what he can do. If you would like to get in contact with the lawyer directly (free consultation is available), you can email him at info@atashlaw.com, he checks this email regularly. Hope all is well, and have a good one.

All Best,
Jemma
 
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