What are the options for a CR spouse of an Expat US Citizen?

A

alteregonyc

New Member
Hello everyone. I am new in these forums, but seeing from numerous helpful posts, I am hopeful to get great insights from here.

To start off, a bit of background information. I am an expatriate US citizen, working and living abroad because I've accepted a position at a company in Asia. My wife was in the US for about 10 years (mostly on F-1 and H-1b visas). We got married early 2011.

After we got married, at my petition, my wife successfully obtained a 2-yr conditional residence in July 2011. Also, prior to leaving the US, she obtained a reentry permit (Nov 2011). The reentry permit and the conditional residence will expire in June or July 2013. We left the States in Dec 2011. So, it's been about a year since we began living abroad.

In 3 months or so, we need to file a I-751 to remove condition from my wife's residency. We know this can be filed from overseas and she'll only need to travel back to the States for biometrics. My parents still live in the US. So I think we can probably use their address in the application. When we file the I-751, I suppose we should file "change of address" for me and my wife, too.

Since my wife's reentry permit will also run out at the same time, she will need to file another I-131 for 2 more years. I understand that she will need to be PHYSICALLY in the US to apply for the I-131. And in all likelihood, she will need to stay there until she does her biometrics (so as to save another trip). I understand this can be accomplished in as little as 2 weeks (if USCIS grants our EXPEDITE request) or as long as a month.

My question is: Does my wife need to go back to the US and file I-131 every 2 years? (And per the I-131 instruction, after 4 years, USCIS may only give 1 year per request (or deny altogether)) Is it an option for my wife to simply lapse on the I-131 and obtain an SB-1 visa when we're ready to move back to the US?

I know that the "general answer" is that, if one is overseas for more than 1 year (or more than 2 years with reentry permit), the US residence is presumed abandoned... and the greencard is invalidated as an entry permit to the States.

But in our case, as my spouse, my wife is overseas BECAUSE of me, a US Citizen. She has no intention to live overseas for a long term. She's only here because I'm here. I don't intend to live here forever either, but this gig might run for another 2-3 years. (Oh, and just to add: she's not currently working here, although she may in the near future.)

Considering that family unification is a policy goal of the US immigration law, I was hoping for a less restrictive way to resolve our situation than, say, having my wife travel every 2 years back to the States to file I-131... and wait for time uncertain for it to be approved. (And I heard that having the reentry permit is not dispositive that she will not be stopped at the port of entry...) Is there a better and easier and simpler way? If she lapses on the reentry permit and just go to the US embassy for an SB-1 visa (to reclaim the residency), would that work without much problem... since she is married to me, a US citizen??

Thanks for your thoughts. Also, if there's anything else we should be filing, would you advise?

Thanks!!
 
Gentleman,

There is no better or easier way. Either voluntarily give up the green card until you are ready to settle here or I advise you get the reentry permit which is valid for two years which will thus save her card for two years. Seriously it wont do much for her except save you the cost of reapplying which in the end might be cheaper than all the flying in and out, travel stress etc it will take to be coming in and out.

There is nothing special about your case contrary to what you may believe, many people have been previously in similar situations. The green card is not a visa. It is meant for those who wish to make the United States their permanent home. Whether your wife left to Asia because of you or not is a moot point and will not resonate with USCIS

Indeed you are trying to circumvent the spirit of the immigration rule by getting her to go back every 2 years which is also NOT guaranteed to work. She should just renounce the green card and reapply when you're ready to make the US your permanent home. Indeed the cost of the air ticket and traveling back and forth will eventually will become much more than the cost of a new application..

Furthermore after being outside for more than a year, her green card will effectively become void and she will be apprehended at the point of entry and compelled to either voluntarily give up the green card of go and face an immigration judge.

Best.

alteregonyc said:
Hello everyone. I am new in these forums, but seeing from numerous helpful posts, I am hopeful to get great insights from here.

To start off, a bit of background information. I am an expatriate US citizen, working and living abroad because I've accepted a position at a company in Asia. My wife was in the US for about 10 years (mostly on F-1 and H-1b visas). We got married early 2011.

After we got married, at my petition, my wife successfully obtained a 2-yr conditional residence in July 2011. Also, prior to leaving the US, she obtained a reentry permit (Nov 2011). The reentry permit and the conditional residence will expire in June or July 2013. We left the States in Dec 2011. So, it's been about a year since we began living abroad.

In 3 months or so, we need to file a I-751 to remove condition from my wife's residency. We know this can be filed from overseas and she'll only need to travel back to the States for biometrics. My parents still live in the US. So I think we can probably use their address in the application. When we file the I-751, I suppose we should file "change of address" for me and my wife, too.

Since my wife's reentry permit will also run out at the same time, she will need to file another I-131 for 2 more years. I understand that she will need to be PHYSICALLY in the US to apply for the I-131. And in all likelihood, she will need to stay there until she does her biometrics (so as to save another trip). I understand this can be accomplished in as little as 2 weeks (if USCIS grants our EXPEDITE request) or as long as a month.

My question is: Does my wife need to go back to the US and file I-131 every 2 years? (And per the I-131 instruction, after 4 years, USCIS may only give 1 year per request (or deny altogether)) Is it an option for my wife to simply lapse on the I-131 and obtain an SB-1 visa when we're ready to move back to the US?

I know that the "general answer" is that, if one is overseas for more than 1 year (or more than 2 years with reentry permit), the US residence is presumed abandoned... and the greencard is invalidated as an entry permit to the States.

But in our case, as my spouse, my wife is overseas BECAUSE of me, a US Citizen. She has no intention to live overseas for a long term. She's only here because I'm here. I don't intend to live here forever either, but this gig might run for another 2-3 years. (Oh, and just to add: she's not currently working here, although she may in the near future.)

Considering that family unification is a policy goal of the US immigration law, I was hoping for a less restrictive way to resolve our situation than, say, having my wife travel every 2 years back to the States to file I-131... and wait for time uncertain for it to be approved. (And I heard that having the reentry permit is not dispositive that she will not be stopped at the port of entry...) Is there a better and easier and simpler way? If she lapses on the reentry permit and just go to the US embassy for an SB-1 visa (to reclaim the residency), would that work without much problem... since she is married to me, a US citizen??

Thanks for your thoughts. Also, if there's anything else we should be filing, would you advise?

Thanks!!
Click to expand...
 
If the company you're working for is a US company according to the USCIS definition, she may qualify for expedited citizenship under Section 319(b). See http://www.ilw.com/articles/2006,0525-mehta.shtm

But if not, the options are to keep juggling reentry permits, or surrender her green card at a US consulate with form I-407. If she surrenders it, she can reapply for the green card when she's ready to live in the US again.

Is it an option for my wife to simply lapse on the I-131 and obtain an SB-1 visa when we're ready to move back to the US?
Click to expand...
No. The SB-1 visa is unlikely to be approved, because there is no compelling circumstance that it is stopping her from traveling to the US for a few weeks to renew the reentry permit. And the SB-1 is meant for people who've stayed outside the US just a few weeks or months too long; you plan to stay outside for a few YEARS after her permit expires. Approval after that would require an extreme reason like she was in a coma for all those years or kidnapped by the Taliban.

Surrendering the green card and applying for a tourist visa (if she's from a country whose citizens need a visa to visit the US) may be the best option. The card can be surrendered and the visa applied for in the same visit to the consulate.
 
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These are great answers; thank you.

So, to recap, the options are:
  • Travel to the US every two years and apply for I-131; or
  • Do nothing or surrender greencard and re-apply for the greencard when we return to the States.

And cost-wise:
If my wife travels back every 2 years, we will spend
  • Airline tickets (roundtrip): $1000;
  • I-131 Application: $445; and
  • Cost of waiting for a month or more.

If we re-apply for greencard at a future time when we're ready to return to the US,
  • Petition for alien relative (I-130): $420;
  • Application to Register Permanent Residence (I-485): $1070 (including biometrics fee); and
  • Cost of waiting... In our previous experience, it took about 6 months. Do we need to do this from outside the US or can we move to the US and get this process going? Since we are in a country which does not require a visa to enter the US (no visa requirement for short visits), may my wife enter the States without a visa and adjust her status?

It's been a while since we successfully obtained the greencard for my wife the first time. Have I forgotten anything?

Thank you.

PS: jackolantern - to answer your question, no, I am not employed by a US company. We do not qualify for the exempted overseas employment - i.e., US military, US foreign service, international organization to which US is a member, US company in international commerce.
 
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I recommend you do it from outside the main reason being by doing it from inside you essentially mean you're going to commit immigration fraud because your wife will enter either with a VWP or a visa KNOWING full well she is planning to adjust status upon arrival.

I would recommend you not take that route not just because it is unethical but because it can open up a whole can of worms. You do not want to be unnecessarily sodomized by USCIS.

It takes up to about nine months with consular processing so what you could do is start the process from outside well ahead of your move.

Cheers.

alteregonyc said:
These are great answers; thank you.

Do we need to do this from outside the US or can we move to the US and get this process going? Since we are in a country which does not require a visa to enter the US (no visa requirement for short visits), may my wife enter the States without a visa and adjust her status?
[/LIST]

It's been a while since we successfully obtained the greencard for my wife the first time. Have I forgotten anything?

Thank you.

PS: jackolantern - to answer your question, no, I am not employed by a US company. We do not qualify for the exempted overseas employment - i.e., US military, US foreign service, international organization to which US is a member, US company in international commerce.
Click to expand...
 
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