SB-1 denied need help

mika84

Registered Users (C)
#1
Recently I have applied for SB-1 visa interview:
Briefly about the case:
I'm currently US permanent residence card holder (since 05/11/2006).
I've been out of the USA since August 2009.
I'm married to the US citizen.
Have got bachelor's degree from US university
got open credit line for my bachelor'
were paid Taxes by my wife
got driving license
That is my ties with the USA
I have been out about for 3 years, because of the medical conditions.
My case was denied on the grounds that i didn't have enough compelling reasons for me to stay outside US for a such long time, as i was physically able to bord a plane and come to the us. I'd really like to come home to the US, and as i'm still married. i can reapply for a new green card the same way as i got first one. Could some one tell me what to do next?
I know that I can apply for a new green car, but it will take more than a year. Or this is the only way I can get my status back?
Thank you in advance
 

BigJoe5

Registered Users (C)
#2
Recently I have applied for SB-1 visa interview:
Briefly about the case:
I'm currently US permanent residence card holder (since 05/11/2006).
I've been out of the USA since August 2009.
I'm married to the US citizen.
Have got bachelor's degree from US university
got open credit line for my bachelor'
were paid Taxes by my wife
got driving license
That is my ties with the USA
I have been out about for 3 years, because of the medical conditions.
My case was denied on the grounds that i didn't have enough compelling reasons for me to stay outside US for a such long time, as i was physically able to bord a plane and come to the us. I'd really like to come home to the US, and as i'm still married. i can reapply for a new green card the same way as i got first one. Could some one tell me what to do next?
I know that I can apply for a new green car, but it will take more than a year. Or this is the only way I can get my status back?
Thank you in advance
How did you get your LPR the first time?

Was it marriage based? To a USC? IF yes, still married? BUT, has your spouse been abroad with you for three years? IF not, your marriage would look as fake as a $3 bill.

You have not supplied sufficient detail to get much useful feedback.
 

mika84

Registered Users (C)
#3
I got my LPR through marriage. I got married in 2005 and been married ever since. In 2008 graduated from college with a bachelor degree, and went to my home country where i was diagnosed with certain medical conditions. I returned to the USA, hoping that i could get necessary treatment. But the problem was,that it was a peak of recession and i couldn't find a job.I knew that in birth country medical system provide free treatment, and we decided that I should come and have illness treated. Unfortunately I didn’t know how long would it take. In august i left the USA and have been out ever since. During my stay my wife and i used SKYPE to communicate.
First two years were really hard for our relations,cause it’s really hard to maintain them in a distance. We didn’t even talk for a few month straight. She has never been outside of the us for 2 reasons - we couldn't afford it, and she is superstitious, she believes if she lives the country it will be forever.
So to make my story short:
I've been married since 2005, got my LPR status in 2006. In 2009 left the USA and willing to come home to the USA.
 

BigJoe5

Registered Users (C)
#4
I got my LPR through marriage. I got married in 2005 and been married ever since. In 2008 graduated from college with a bachelor degree, and went to my home country where i was diagnosed with certain medical conditions. I returned to the USA, hoping that i could get necessary treatment. But the problem was,that it was a peak of recession and i couldn't find a job.I knew that in birth country medical system provide free treatment, and we decided that I should come and have illness treated. Unfortunately I didn’t know how long would it take. In august i left the USA and have been out ever since. During my stay my wife and i used SKYPE to communicate.
First two years were really hard for our relations,cause it’s really hard to maintain them in a distance. We didn’t even talk for a few month straight. She has never been outside of the us for 2 reasons - we couldn't afford it, and she is superstitious, she believes if she lives the country it will be forever.
So to make my story short:
I've been married since 2005, got my LPR status in 2006. In 2009 left the USA and willing to come home to the USA.
If she will file a new I-130 that would be the clear option available. It will be an uphill battle.
 

mika84

Registered Users (C)
#5
banish areasoy

Thank you very-very much for a quick reply!
Could you please describe the process of me getting back? What milestones are on the way? What do you mean by uphill battle?
 

Jackolantern

Registered Users (C)
#6
Thank you very-very much for a quick reply!
Could you please describe the process of me getting back? What milestones are on the way?
How did you get the green card the first time? If you got it through the US consulate in your country, you would follow the same process again.

What do you mean by uphill battle?
He means you have a difficult task. You'll have to convince them that you have a bona fide marriage despite not seeing each other in 3 years. It would help if your wife would visit you at least once before your consular interview for the green card. Even better if she can show up at the interview with you. Are you saying she has never left the US in her whole life?

You'll also need to dig up evidence from when you were living with your wife in the US. It's good that you had 3 years of marriage and living together before you left the US.
 

mika84

Registered Users (C)
#7
I got my GC through US consulate in the US. i went through the whole process there, not in my home country. And yes, my wife has never left US.
Could you please tell what shall i do next?
Or is it possible to appeal denial?
 

Jackolantern

Registered Users (C)
#8
I got my GC through US consulate in the US.
There are no US consulates in the US. A consulate is basically a branch office of an embassy. So you got your green card inside the US through a USCIS office, not a US consulate.

And yes, my wife has never left US.
If she never left the US in her whole life, you can mention that in the consular interview when explaining why your wife didn't visit you in the 3 years you were gone. Let them know that she is very uncomfortable with international travel. But make sure it's really true -- if they find out she actually traveled somewhere outside the US you'll be in trouble.

Could you please tell what shall i do next?
Start off by having your wife file form I-130, with the desired consulate selected for question 22. After it is approved (typically 3-6 months) there will be some more steps. For more information, search for "I-130 consular processing" on the web, and visit the Family-Based Green Cards section.

Or is it possible to appeal denial?
If you have additional evidence you can reapply for the SB-1.
 

mika84

Registered Users (C)
#9
Thank you!
Honestly I don't know how to prove my marriage is Bona fide, as how can i prove it, if we have lived apart for 3 years, and she has never visited me .

And about Sb-1 what do you mean about additional evidences? I have the same documents, the same case.
But i was trying to think of illness that could prevent one from physically bording a plane. Even with late cancer you can bord, even without legs, you can use wheelchair. Could someone enlighten me on this issue?

Thank you!
 

BigJoe5

Registered Users (C)
#10
Thank you!
Honestly I don't know how to prove my marriage is Bona fide, as how can i prove it, if we have lived apart for 3 years, and she has never visited me .

And about Sb-1 what do you mean about additional evidences? I have the same documents, the same case.
But i was trying to think of illness that could prevent one from physically bording a plane. Even with late cancer you can bord, even without legs, you can use wheelchair. Could someone enlighten me on this issue?

Thank you!
You do realize that we don't know who you are and don't know what the "medical condition" was that kept you away? Also, your story sounds kinda weak and we are NOT the cynical government agents who expect to be lied to on a daily basis. If you want better and more constructive dialogue then you have to provide more information.
 

Jackolantern

Registered Users (C)
#11
Thank you!
Honestly I don't know how to prove my marriage is Bona fide, as how can i prove it, if we have lived apart for 3 years, and she has never visited me .
Prove that you had a bona fide marriage before you left the US -- joint bank account, joint lease/mortgage, joint car ownership, various bills with the same address (either joint bills with both names, or some bills with your name and some bills with her name).

Then prove that you maintained communication while away -- phone bills, letters/packages mailed from the US to you or vice versa (with tracking receipt, or postmark still visible on the package or envelope), printouts of various emails (preferably including the http headers).

Do you any have children together? A copy of the birth certificate(s) should be sent with the I-130. Bring the original the interview.

And about Sb-1 what do you mean about additional evidences? I have the same documents, the same case.
Is there is something you didn't tell them, or important evidence that you did not supply? For example, if you didn't tell them you have a US citizen wife and/or child who lives in the US, you can tell that fact when you reapply, and provide evidence of the relationship. Or if you didn't provide enough evidence of your illness to show why travel was medically inadvisable for such a long time, you could add the medical records and/or letters from the doctor.

But i was trying to think of illness that could prevent one from physically bording a plane. Even with late cancer you can bord, even without legs, you can use wheelchair. Could someone enlighten me on this issue?
Some people are physically stuck in the hospital 24/7, hooked up to machines. Some are getting treated for heart problems, maybe even recovering from heart surgery, and if they have a heart attack on the flight they could die because they can't just call 911 and get an ambulance. Some have depressed immune system problems and would catch a disease if they sat for hours with so many people breathing in the same tight space. Some have spinal injuries and they can't sit upright in an airplane seat until they're healed. Some might need to see the doctor every day for monitoring, and flying to the US would interrupt that.
 
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mika84

Registered Users (C)
#12
You do realize that we don't know who you are and don't know what the "medical condition" was that kept you away? Also, your story sounds kinda weak and we are NOT the cynical government agents who expect to be lied to on a daily basis. If you want better and more constructive dialogue then you have to provide more information.
Good day BigJoe5 and Jackolantern, those are more specific details about my case:
I met my future wife on party July, 2004. I came to The USA as an exchange student only to stay for 3 month on J-1 visa. On September, 2004 I left the USA. I came back again on June,2005. We met again stayed together ever since. We moved in together right after the marriage September 16,2005 and lived in the US. With the help of lawers we filed for Green card. On may 2006, I got my conditional Green Card ( I proved on the interview with immigration officer that my marriage is Bona fide), and on September 2006 I went to University to get my Bachelor’s. I successfully graduated on May 2008 and got my LPR. After graduation I went to my home country to visit my parents and relatives. There I decided to run a few medical tests and had my body fully inspected by doctors, and I was diagnosed with stomach polyps, which should be surgically removed. Doctor told me that I have only a few of them, but they can multiply in time. I went to the USA, thinking that could be done there by any gastroenterologist. I did market research and found out that to remove one polyp without insurance would cost me around 750$-1500. Insurance that would cover my medical expenses would be 250 a month. We didn’t have those kind of money to cover not only medical bills but also try to live on my wife’s salary 25,000$, plus we need to pay for my college credit. Whole year I was struggling to find a job. But because of the recession I couldn’t . I worked at local marketing company, selling door-to-door Verizon Fios service. It was only commissions based. Then I worked as a waiter in a local bar. That wasn’t helping to get all our expenses covered and to start necessary treatment. We decided that being healthy is priority number one, especially when polyps could lead to stomach cancer and that would be much worse than polyps. I knew that in my home country medical system provide free treatment, and we decided that I should come to Belarus and have my polyps removed. Unfortunately I didn’t know how long would it take and how many polyps I have in stomach. As only one polyp is removed during operation, and subsequent operations go after 3 month from the previous one. In august 2009 I left the USA.
I came to Belarus and immediately started the treatment.
Days of operations:
1. 2009.09.16
2. 2009.11.24
3. 2010.02.23
On april 2010, I’ve contacted US consular in Moscow, it was roughly 8 month after I left the USA:
Good morning Sir/Madam:

My name is XXXXX and I'm currently US residence permanent
card holder. I've been out of the USA since August 2009. Could you
please tell me how can i get an extension and what are the reasons to
get it? I'm afraid that being out of the USA for that long will cause
problems with customs authorities while reentering the country.


Thank you.

And the answer I got was:
Permanent resident aliens who are unable to return to the United States
within the travel validity period of their "Green Card'', or the Reentry
Permit, may apply to the nearest U.S. consular office for a special
immigrant Returning Resident (SB-1) visa. To qualify for such status
aliens must show:
That they were lawful permanent residents when they departed the United
States. -- That when they departed they intended to return to the United
States and have maintained this intent: -- That they are returning from
a temporary visit abroad and, if the stay was protracted, that it was
caused by reasons beyond their control and for which they were not
responsible.

1. To start the process you have to submit form DS-117
(http://travel.state.gov/visa/frvi/forms/forms_1342.html) with your
green card and supporting documents showing that you lost the status
under circumstances out of your control. You can send them by mail or
leave on the 212g box, at North Gate at Malyy Konyushkovskiy Pereulok.
Note! All items in the form DS-117 should be filled in.

2. After consular officer reviews the documents, you will be invited for
an interview. At the moment of the interview you will have to pay $400.
If Consular Officer approves the DS-117 application, you will be
invited for an immigrant visa interview. The date will be set up after
the 1st returning resident interview with a Consular Officer.

So thinking, I lost the status already and that in order to get back to the US I need to file Sb-1, I decided to continue treatment.
4. 2010.05.13
5. 2010.07.28
6. 2010.11.26
7. 2011.01.27
8. 2011.04.06
9. 2011.07.12
10. 2011.09.28
11. 2011.12.07
As far as my relationship with wife concerns: first two years were really hard for our relations,cause it’s really hard to maintain them in a distance. We didn’t even talk for a few month straight. We used SKYPE most of the time.
At the end of 2011 I Had my last surgery, and I knew that I might come home next year somewhere in may. But in February, 2012 I had abscess of the pilonidial cyst, which was removed, and subsequent operations was scheduled on May, 10. Those operations are not painful, but after a surgery you are unable to sit for a while.
After I undergone surgery I immediately set the date for embassy interview.
So at the embassy I met wonderful consular employee who denied my case on the grounds that my reasons for me to stay outside US where not compelling enough. Although I showed her a letter from US embassy stating that in order to get back to the states I need to file sb-1, and I tried to explain her. I couldn’t receive necessary treatment in the US, so I need all the time to get back and forth between 2 countries. So a few questions arise here:
1. That was a mid of recession, and I could not find any job in the US, so who would pay to get my treatment, cause we, my wife and I, could not afford it?
2. Flying back and forth is not the way out, cause it’s not only uncomfortable but very costly.
3. Received an official response from US embassy, that in order to get the US I need to apply for SB-1 visa, I thought anyway I would need SB-1 to get home whether on April 2010, or in June 2012. And I decided to continue my treatment.

So what I have right now. My marriage is falling apart and my wife doesn’t talk to me. Sb-1 denied. I really want to come home, but I don’t know how. PLEASE help.
Thank you
 
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Jackolantern

Registered Users (C)
#13
My name is XXXXX and I'm currently US residence permanent
card holder. I've been out of the USA since August 2009. Could you
please tell me how can i get an extension and what are the reasons to
get it? I'm afraid that being out of the USA for that long will cause
problems with customs authorities while reentering the country.[/I]

Thank you.

And the answer I got was:
Permanent resident aliens who are unable to return to the United States
within the travel validity period of their "Green Card'', or the Reentry
Permit, may apply to the nearest U.S. consular office for a special
immigrant Returning Resident (SB-1) visa. To qualify for such status
aliens must show:
That they were lawful permanent residents when they departed the United
States. -- That when they departed they intended to return to the United
States and have maintained this intent: -- That they are returning from
a temporary visit abroad and, if the stay was protracted, that it was
caused by reasons beyond their control and for which they were not
responsible.

...

So thinking, I lost the status already and that in order to get back to the US I need to file Sb-1, I decided to continue treatment.


You grossly misunderstood them. They didn't say you need an SB-1. They said you need an SB-1 if you are unable to return to the US within the validity period of your green card. The green card remains valid for 364 days outside the US, and you were outside the US for less than that when you contacted the consulate, so you didn't need SB-1 at that time. If you had applied for an SB-1 soon after receiving this response, they would have told you to simply get on a flight back to the US with your green card itself, because you've been away for less than a year. Or if you applied for the SB-1 when it was soon after a year outside the US (around 13 to 16 months) chances are high that the SB-1 would have been approved. But you stayed outside for far beyond a year, even beyond 2 years.

Anyway, what's done is done, you can't change the past, and you haven't mentioned anything that would give you the basis for reapplying or appealing. So forget about the SB-1, your wife needs to apply for a new green card for you. She should start by filing I-130. It should be approved in 3-6 months, then there will be some more paperwork to set up your consular interview. If you have questions about the process ask in the Family Based Green Cards section.
 

mika84

Registered Users (C)
#14
Hi,

yesterday spoke to the lawyer from US, he told me: "As you still have your Green Card physically on hands+plus you didn't get any official rejection letter or any paper of that kind, so you may come to the US and on a port of entry, if i have any problems, tell CPB officer that you want to see an immigration judge. After that you will be detained or set on parole and you case will be tried in the US."
Honestly that is good news, but i believe it's quite risky.
Though i still have Green Card and i don't have any rejection letter, consular officer might have put into their system. And if i cross the border, CPB officer will see that and won't permit not only into US but also to try my case in the US, as my case was denied.
Please help!
 

BigJoe5

Registered Users (C)
#15
Hi,

yesterday spoke to the lawyer from US, he told me: "As you still have your Green Card physically on hands+plus you didn't get any official rejection letter or any paper of that kind, so you may come to the US and on a port of entry, if i have any problems, tell CPB officer that you want to see an immigration judge. After that you will be detained or set on parole and you case will be tried in the US."
Honestly that is good news, but i believe it's quite risky.
Though i still have Green Card and i don't have any rejection letter, consular officer might have put into their system. And if i cross the border, CPB officer will see that and won't permit not only into US but also to try my case in the US, as my case was denied.
Please help!
If you have been outside the U.S. over one year, and have no SB-1 or valid reentry permit, then even if the greencard is not expired, an airline could still refuse boarding but ONLY IF they are aware of your long absence. They can claim ignorance, but CBP is provided manifests to check while you are en route, they will likely know and would look for you upon arrival. As a last ditch effort, you might inquire at a CBP Pre-Inspection station about an I-193 waiver.
 
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raevsky

Registered Users (C)
#16
urtheh houfe,

Sb-1 denied
Could you describe when and how you applied for SB-1?
Also, describe how your interview went, the closer the better.
Were those 10 doctor's visits all surgeries? How much time did you need after each one to be able to fly?
 

mika84

Registered Users (C)
#17
Could you describe when and how you applied for SB-1?
Also, describe how your interview went, the closer the better.
Were those 10 doctor's visits all surgeries? How much time did you need after each one to be able to fly?
When: On June 4
How: I wrote to consular section at US embassy asking them to set a day for an interview, and they did. They told me:
To bring over a completed Application to Determine Returning Resident Status, Form DS-117

• your Permanent Resident Card, Form -551

• your Re-entry Permit, if available

You must also submit supporting documents that show the following:

• dates of travel outside of the United States (Examples: airline tickets, passport stamps, etc.)

• proof of your ties to the United States and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the U.S.)

• proof that your protracted stay outside of the United States was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, accompanying a U.S. citizen spouse, etc.)


I went in to the embassy, spoke to the secretary. She took all my documents and gave me red paper document, and told me to bring over to the cashier and pay $275, and then sit and wait for me to call by US consular employee. I waited like 5-10 min, then a consular called me. She was Caucasian American, 25-27 (at least she looks like that). We spoke through the glass. She looked at me, and then at DS-117, read it for a couple of sec and then asked me questions. Fist was: Am i married and to whom? Where does she live? How long does we lived together before departure? Then she stopped and asked me to oath that everything i'm saying and brought are true. Then she asked why i was out for such long time. What kind of illness i had; were i working during my stay ( I said yes, but not the first year. I started working a year and half after I left US). Then she said that she had to deny my DS-117 on the grounds that my reasons for me to be out for 3 years were not compelling enough. Then she left me for a minute or so. I gather my thoughts. When she returned, i tried to overturn the verdict. I told her that i wrote to US embassy and they told me about SB-1 even though i was less than a year. So I understood that anyway I have to apply for SB-1 it could be then or after I will fix my stomach polyps, and I decided to do that after I had my body fixed and I immediately set the date for an interview.
She told that I who should now the law. Then she asked whether I'm still married I Said Yes. Then she asked did my wife visit me during my stay, I said No. She proposed me to ask my wife to file a petition. And that’s how my interview ended.
Whole interview was 10-15 min.
 
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