Is K-1 the Best Route to Take?

[StormyWillow 0]

There is so much story here...

My fiance currently lives in England, where he is originally from. 10 years ago, he came to the U.S. and married a citizen. They separated after 6 years and he had nowhere to go but home, so he returned to England. They are now divorced (we have no copies of the actual divorce papers, but she is remarried). He has spent 4 years out of the U.S. and never filed a re-entry permit because he wasn't aware of it at the time he left. He and I have had a relationship for almost 10 months online and he recently made a 2-week visit back to the U.S. to meet me in person. When he came through customs, they gave him the option to surrender his LPR and said he could reapply for it. We are unclear as to exactly what they meant by that.

My main question is: does he have to start the entire immigration process over again? Should we apply for the K-1 visa, or can he just reapply for his LPR? Do we have to be married for him to reapply for his LPR? They weren't very clear in customs and we aren't getting very helpful answers on other forums.

Obviously we want him here as soon as possible so we can get married and start a life together. Is the K-1 our best bet?

Thank you so much for any advice any of you can give

[canadian_wife 1,818]

He surrendered this GC, meaning that route (using his old one) is gone. He abandoned his residency and lost that route. He can absolulty reapply, now it will be through you

However, he needs his divorce decree before you can do anything as that needs to be submitted.

K-1 is good, but we opted for the spousal visa.

Good luck

[Anh map 2,098]

A couple of thoughts:

Without a copy of the divorce decree your future petition will not be successful. That's a document that he needs to obtain for all sorts of reasons, immigration or otherwise. Contact the Clerk of Court office where the divorce took place..

Assuming he surrendered his GC, he ought to explore reapplying for it. Chances are after 4 years it will not happen. Do some googling to find info about his options. A conversation with a qualified immigration attorney may be educational as well.

Sort out the two preceding points and then choose your path.

Edited June 30, 2012 by Anh map

[StormyWillow 0]

I've done so much googling and visited so many forums and combed the immigration site for months and it's all very confusing to me. I can't afford a lawyer at this point, so we're looking at doing this on our own. I just want to make sure I don't screw anything up and take the best route possible.

[canadian_wife 1,818]

I've done so much googling and visited so many forums and combed the immigration site for months and it's all very confusing to me. I can't afford a lawyer at this point, so we're looking at doing this on our own. I just want to make sure I don't screw anything up and take the best route possible.

He could contact the US embassy in London to see what they say, that's a cheaper option than a lawyer

Good luck

Regardless- he's got to go home after his authorized stay in the US

[StormyWillow 0]

He could contact the US embassy in London to see what they say, that's a cheaper option than a lawyer

Good luck

Regardless- he's got to go home after his authorized stay in the US

Oh, he's gone home already, he was only here for a 2-week visit, and I'll be visiting him in England for a week in November. Contacting the embassy is a great idea, though, so thanks, I'll let him know

[xjoseyx 19]

You need a lwyer. I was so worried about doing this process without one but just follow the fantastic guides on this forum and you wont need one.

[Anh map 2,098]

I've done so much googling and visited so many forums and combed the immigration site for months and it's all very confusing to me. I can't afford a lawyer at this point, so we're looking at doing this on our own. I just want to make sure I don't screw anything up and take the best route possible.

Sometimes a couple of hundred dollars paid to get advice specific to your circumstances is money well spent. A consultation is far different from hiring an attorney or service to take you through the process.

[Mogambi 96]

Indeed, when I was starting out, I had a couple of tricky questions that I needed help with. I contact an attorney just for a quick consultation, not to do all my paperwork. It was helpful, but he didn't even charge me (he just answered my questions by email) and even he told me not to hire him for a K1, that I should do it on my own!

But agree, check with the US Embassy. If he could somehow establish his GC again, long shot, it would be faster. Also, for sure he has to obtain that divorce decree, so he should start on that.

[Que Saudade 284]

I've done so much googling and visited so many forums and combed the immigration site for months and it's all very confusing to me. I can't afford a lawyer at this point, so we're looking at doing this on our own. I just want to make sure I don't screw anything up and take the best route possible.

You truly do not need a lawyer (unless something very unusual in his background) You can do this. This site has all the necessary information, links, advice, and experienced people who have already gone through the process and willing to share their experience with you.

I want to reiterate that you absolutely need a certified copy of his divorce decree to proceed with any of your options. It is not difficult to obtain.

Best of luck on your journey..!!!!

Edited July 1, 2012 by John & Mari

[Sandra G. 5,043]

stormWillow your boyfriend abandoned his permanent residence, even if he hadn't signed the I-407,he won't able to reinstate his Green card. But if he proves that the circumstances for remaining outside the country were beyond his control they may reinstate his green card.

He can get married with you and apply for CR1 visa.