Options for my wife who 'abandoned' green card

[NDbrasil 0]

Hello all,

Here's my situation. I'm a USC (born in US) and my wife of seven years is Brazilian. We have three children with both US and Brazilian passports. We lived and worked in NYC for five years and she received a temporary residency in 2006 and a permanent residency, GC, in 2008. In 2010 we both lost our architecture jobs and a big opportunity soon followed to move to Brazil and start our own firm. We decided to make the move in Sept. 2010. Since then we've lived in Brazil and have traveled three times to the US, over 2 weeks each trip, to visit family. My wife got a tourist visa to make these trips assuming she had 'abandoned' her GC. The first trip back was 15 months after our move to Brazil.

We have recently decided to move back to the US permanently for a number of personal reasons. Is there any option for my wife other then reapplying for an IR-1?? I need to start working in the US as soon as possible but does that mean I will have to move alone and wait 9-12 months for my wife and kids to join me? If she had to stay we both agreed it would be best for them to remain with her in Brazil. Will her previous GC hurt or help this process?

I've just begun researching and I'm also concerned about the Affidavit of Support. I have no tax returns in the US for the past three years because my US accountant said I did not make enough in Brazil to file US taxes. My father is willing to be a co-sponsor....problem solved??

Thank you in advance for any help!!

[milimelo 4,469]

IR-1 is the only way. Kids are USCs so they can come with or stay with your wife. Wife can visit on tourist visa until immigrant visa interview. Length of her stay in the US totally dependent on CBP at POE.

Back-file your taxes. Father can be a co-sponsor.

[Ryan H 3,812]

***One post advocating visa fraud removed. Remainder of the post that does not advocate fraud returned below.***

You can apply for a SB-1 visa (although very unlikely to be granted)

Every USC has to file US tax returns. Even if you might not be making enough money, so that you would have to pay taxes, you still need to file them. Your father can be co sponsor if USC or LPR.