Relinquish Green card and apply through marriage to a citizen at a later date?

[mant0478]

If one has green card and moves out of the country along with a US citizen spouse for a few years(say 5 years) and then if they decide to come back to US, how easy is it apply for a new green card based on marriage to a US citizen and do they undergo special scrutiny because the person relinquished the green card once and is applying for it again? Appreciate your insights into this issue.

Thanks.

 

[equate]

I do not believe you'll have extra scrutiny. In fact, voluntarily giving up the green card and re-applying for later is a proper way to do it. You'll just have to go through the exact same steps again you did the first time.

 

[mant0478]

More questions

Thank you equate, the green card was obtained as a dependent of an employment based I-485 applicant. when you apply as spouse of a citizen, what are the steps, do they apply I-485 again or is there a different process?

I do not believe you'll have extra scrutiny. In fact, voluntarily giving up the green card and re-applying for later is a proper way to do it. You'll just have to go through the exact same steps again you did the first time.

 

[PunjabDaPuttar]

Citizen sponsored GC

Your citizen spouse will file I-130 and I-485 for you. As spouse of citizen these can be filed together as there are no visa number related issues. In addition you may want to file EAD & Advance Parole as well.

 

[equate]

Actually, at the time of future filing, he and his wife (or she and her husband) will be out of US, so it will be I-130 followed by consular processing at whichever country they are located in. Adjustment of status only applies if you are already in the country.