Reapplying for permanent residency after unintentional abandonment

[amariedavies]

I am a USC married to a UKC, for 11+yrs. We were living in the US for about 7yrs. My husband (UKC) was a permanent resident. In Nov 2011, we came to the UK for a visit and due to a family members illness, and ultimate death, we've been here since. We've read that he has more than likely abandoned his LPR status. I am aware that we'll probably have to start completely over. Unfortunately I am unable to file to the consulate here in the UK as I have not had my UK "stamp" for at least 6 months. So I will have to file to the US from here. I have heard of the k-3 which people say is useless as the I-130 gets processed quicker than the k-3 (if filing through the consulate), is that also true when filing to the US? Would it be worth filing the k-3, if I'm having to file *to* the US, as I know filing to the US takes longer than the consulate?
What is the quickest route for us? We have a 2yr old - born in the US - and we just want us all to get back home!

Your help is so appreciated!

Angie

 

[raevsky]

In Nov 2011, we came to the UK for a visit and due to a family members illness, and ultimate death, we've been here since

Provide more information, maybe he will qualify for returning resident visa.

9 FAM 42.22 N1.1 Lawful Permanent Resident (LPR)
Who Was Outside the United States for One Year or More
(CT:VISA-1858; 08-15-2012)
A lawful permanent resident (LPR) who has remained outside the United States for more than one year may be eligible for returning resident status if the consular officer is satisfied that:
(1) The alien departed the United States with the intention of returning to an unrelinquished residence; and
(2) The alien’s stay abroad was for reasons beyond the alien’s control and for which the alien was not responsible.

9 FAM 42.22 N1.2 Evidence of Intent to Return to Unrelinquished Residence in the United States
(CT:VISA-1858; 08-15-2012)
To qualify as a returning resident alien, an individual must present evidence that he or she:
(1) Was a lawfully admitted permanent resident of the United States at the time of departure;
(2) At the time of departure, had the intention of returning to the United States;
(3) While residing abroad, did not abandon the intention to return to the United States; and
(4) Is returning from a temporary residence abroad; or if the stay was protracted, this was caused by reasons beyond the alien’s control.