Returning Resident SB-1 visa for a green card holder

#1
Hi,
Me and our two kids are US citizens- I am naturalized and kids are US born. My wife was a green card holder when we moved to Singapore 7 year ago and her re-entry permit long expired. I worked throughout in US companies in Singapore and she did not have a choice to return in the sense that she is a dependent and homemaker and had to stay with me and the family in Singapore. Now we all want to return to the US permanently as my job has ended in Singapore and we want the kids to continue schooling in the US. Will they approve her application for SB1 in this situation? She has a joint bank account in the US and has filed taxes married jointly but only one visit in the 7 years and we don’t own a house there- while I have relatives in US she does not. I understand this process is faster then applying from scratch. Thank You.
 

1AurCitizen

Registered Users (C)
#2
She could contact the US embassy and ask for SB1 eligibility but is likely to be denied if she left the US 7 years ago. An SB1 requires circumstances beyond a person's control, for example a severe medical emergency. Your wife opted to stay in Singapore.

The most viable option is for you to re-petition her; you would need to show evidence that you intend to establish US domicile. DCF was an option, but may no longer be, I haven't stayed current with all the recent changes.
 
#3
Thanks for the response. She opted to stay in Singapore because I did- so the other option would have been for her to be separated without the kids. But understand.
 
#4
One other question is if there is a way for her to stay in the US while waiting for then process. Have heard not possible to adjust after tourist visa. Not sure if there is another option. Thx.
 

SusieQQQ

Well-Known Member
#5
Thanks for the response. She opted to stay in Singapore because I did- so the other option would have been for her to be separated without the kids. But understand.
It’s still a choice you made as a family. You can certainly try SB1 if you feel you can argue it of course, they pre-screen your rationale etc in a preliminary interview as far as I understand and let you know if you might succeed.

One other question is if there is a way for her to stay in the US while waiting for then process. Have heard not possible to adjust after tourist visa. Not sure if there is another option. Thx.
Can’t enter on tourist visa with intent to adjust. She’d likely be denied entry.
 

Sm1smom

Super Moderator
#6
Thanks for the response. She opted to stay in Singapore because I did- so the other option would have been for her to be separated without the kids. But understand.
That’s a choice you guys made as a family - does not constitute circumstance beyond her control.
 

Sm1smom

Super Moderator
#7
One other question is if there is a way for her to stay in the US while waiting for then process. Have heard not possible to adjust after tourist visa. Not sure if there is another option. Thx.
Entering the US on a NIV with preconceived intent of status adjustment is a fraudulent misuse of that NIV.
 

1AurCitizen

Registered Users (C)
#8
One other question is if there is a way for her to stay in the US while waiting for then process. Have heard not possible to adjust after tourist visa. Not sure if there is another option. Thx.
One other question is if there is a way for her to stay in the US while waiting for then process. No
Have heard not possible to adjust after tourist visa. You heard correct.. visa fraud!!!
Not sure if there is another option. Petition her.. start asap!
 
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