I-130 Question

[ponyespresso 0]

Hello, I'm filling out the I-130 for my wife, we are looking to move back to the states next year!

Our full story is long and posted here, but here is a summary. I am a USC, my wife is British. We met in the UK in 1993, applied for a fiancee visa in June of 1994, got visa in Aug 1995 and got married in Sept 1995 in the US. We lived in the US (Los Angeles) from Aug 1995 to Jan 2002.

During that time my wife applied for her GC. As part of that process she received her SSN and her work permit.

After seven years, we made a decision to move back to the UK to help my wifes ailing father, the only person left alive in her family. We never did, however, receive her GC.

Now, after living in the UK for seven years, it's my parents who need our help, and we need to move back to the USA ASAP.

Now, regarding this I-130. There is a place where it asks "Has your relative ever been under immigration proceedings?" The answer is yes, however after that are only four boxes to tick afterwards; Removal, Exclusion/Deportion, Recission and Judicial Proceedings. None of those apply to our situation. Should we just leave it blank?

Also, should we include my wife's Alien Registration Number from that previous application onto this application, or would they supply a new one as this is a different application?

Many thanks in advance for your help!

[T and M 1]

Hello, I'm filling out the I-130 for my wife, we are looking to move back to the states next year!

Our full story is long and posted here, but here is a summary. I am a USC, my wife is British. We met in the UK in 1993, applied for a fiancee visa in June of 1994, got visa in Aug 1995 and got married in Sept 1995 in the US. We lived in the US (Los Angeles) from Aug 1995 to Jan 2002.

During that time my wife applied for her GC. As part of that process she received her SSN and her work permit.

After seven years, we made a decision to move back to the UK to help my wifes ailing father, the only person left alive in her family. We never did, however, receive her GC.

Now, after living in the UK for seven years, it's my parents who need our help, and we need to move back to the USA ASAP.

Now, regarding this I-130. There is a place where it asks "Has your relative ever been under immigration proceedings?" The answer is yes, however after that are only four boxes to tick afterwards; Removal, Exclusion/Deportion, Recission and Judicial Proceedings. None of those apply to our situation. Should we just leave it blank?

Also, should we include my wife's Alien Registration Number from that previous application onto this application, or would they supply a new one as this is a different application?

Many thanks in advance for your help!

Do you mean that you never got her Green Card or that you never got her citizenship? You say she applied for her Green Card, but if she was on a fiancee visa, shouldn't she have applied for adjustment of status? Maybe that's what you mean.

Anyway if you really mean that she never received her Green Card and that she was living illegally in the states all that time, you are likely to have trouble.

If you mean that she never applied for citizenship, then you are fine. She abandoned her permanent residency upon your move to the UK.

The question you are referring to appears to deal with immigration proceedings (ie, getting in trouble for breaking immigration law). From your story, it doesn't seem that your wife has ever been in trouble for breaking immigration law, in which case you would answer now.

Without knowing more info, however, it is tough to say.

[ponyespresso 0]

Do you mean that you never got her Green Card or that you never got her citizenship? You say she applied for her Green Card, but if she was on a fiancee visa, shouldn't she have applied for adjustment of status? Maybe that's what you mean.

After we got married in the states, we applied for her adjustment of status. After several years, my wife finally received a stamp in her passport "Processed for I-551 Temporary evidence of lawful admission for permanent residence valid until Feb 10 2001. Employment authorized." We were told that this would do until she received her physical GC.

However, her physical GC never arrived. After Feb 10, 2001 came and went, we went back to the INS office, where she received and got an extension of the I-551 stamp until Feb 09, 2002, and again we were told that a physical GC would be issued to us. That never arrived either.

At no time was my wife in the states illegally.

The more I review the I-130 and our own previous documents, I think that I will include her old Alien Registration number, from the file that was approved.

I mean, her application for permanent residency was approved once, that has to count for something, right?

[T and M 1]

Do you mean that you never got her Green Card or that you never got her citizenship? You say she applied for her Green Card, but if she was on a fiancee visa, shouldn't she have applied for adjustment of status? Maybe that's what you mean.

After we got married in the states, we applied for her adjustment of status. After several years, my wife finally received a stamp in her passport "Processed for I-551 Temporary evidence of lawful admission for permanent residence valid until Feb 10 2001. Employment authorized." We were told that this would do until she received her physical GC.

However, her physical GC never arrived. After Feb 10, 2001 came and went, we went back to the INS office, where she received and got an extension of the I-551 stamp until Feb 09, 2002, and again we were told that a physical GC would be issued to us. That never arrived either.

At no time was my wife in the states illegally.

The more I review the I-130 and our own previous documents, I think that I will include her old Alien Registration number, from the file that was approved.

I mean, her application for permanent residency was approved once, that has to count for something, right?

Thanks for the extra information. The passport stamp was her Green Card. It is the same thing. The fact that she never received her physical Green Card doesn't matter. The I-551 stamp and extensions, along with her A number, is evidence that she was residing in the US as a legal permanent resident.

This means that in the application process, when you are asked to list your wife's trips to the US, you will include the 1995-2002 period, and explain that she was legally there as a permanent resident. Her stamp and extensions are proof of this, along with her A number.

Unfortunately, once you abandon US permanent residency, you become a foreigner just like everyone else. It's not a black mark, but it's not exactly like you get credit for time served. You will have to go through the immigrant visa process again; for you it will be IR-1 and should take between 5-6 months, Direct Consular Filing (DCF). But this time, you will not have to adjust her status after entering. Immediately upon entering, your wife will have US permanent residence. After three years, as long as she has been physically present in the US for 18 months, you guys should apply for her citizenship so that this unfortunate event doesn't happen again. Hope you got UK citizenship while you were over there.

I will not rest until my wife and I share each other's citizenship! Until then, we are not free!!!

[ponyespresso 0]

Thanks for the extra information. The passport stamp was her Green Card. It is the same thing. The fact that she never received her physical Green Card doesn't matter. The I-551 stamp and extensions, along with her A number, is evidence that she was residing in the US as a legal permanent resident.

That doesn't really make sense though, because the stamp in her passport wasn't valid after Feb 09, 2002.

It was explained to us that the stamp was only temporary until the physical GC arrived. Why else would the stamp have an expiration date?

I'm not arguing, I'm just a bit confused

[MargotDarko 0]

Thomas gave good advice and information in his most recent comment.

It is really crazy that the green card never turned up, but Thomas is right that the I-551 and extensions means there's no overstay problem. And her A number should be use on the forms.

Your wife has never been under immigration proceedings. Going through immigration is not "immigration proceedings". I believe there's a space to write N/A.

I'm confused on what you're saying you're confused about though in your most recent comment.

[T and M 1]

Thanks for the extra information. The passport stamp was her Green Card. It is the same thing. The fact that she never received her physical Green Card doesn't matter. The I-551 stamp and extensions, along with her A number, is evidence that she was residing in the US as a legal permanent resident.

That doesn't really make sense though, because the stamp in her passport wasn't valid after Feb 09, 2002.

It was explained to us that the stamp was only temporary until the physical GC arrived. Why else would the stamp have an expiration date?

I'm not arguing, I'm just a bit confused

You are correct that the Stamp expired, but your extension covered you guys until you left the US.

For this reason, you should include a copy of both, if you have it. That shows that she had "legal permanent residency" during your entire stay in the US. If you do not have copies of these documents, at least you have her A number and a good record of dates. When you are applying for an immigrant visa, they are mostly concerned that you did not previously break immigration laws. From what you have told us, your wife didn't...she is fine.

There are cases of people who don't receive their physical green card for years. They continue making Infopass appointments and getting one-year extensions. These extension letters serve as temporary Green Cards for re-entering the states, and - in your case - proving legal permanent residence during a previous period of living in the US.

[T and M 1]

Thanks for the extra information. The passport stamp was her Green Card. It is the same thing. The fact that she never received her physical Green Card doesn't matter. The I-551 stamp and extensions, along with her A number, is evidence that she was residing in the US as a legal permanent resident.

That doesn't really make sense though, because the stamp in her passport wasn't valid after Feb 09, 2002.

It was explained to us that the stamp was only temporary until the physical GC arrived. Why else would the stamp have an expiration date?

I'm not arguing, I'm just a bit confused

I think I found the source of your confusion. It doesn't matter that her LPR expired in February 2002....you left the US in January 2002. For this reason, you can prove to immigration authorities that she did not break immigration law or let her LPR run out without extending it.

You are now applying for a new immigrant visa. As far as USCIS is concered, your wife is a British citizen, nothing more.

By the way, you should definitely try to take advantage of dual citizenship in the future. Spouses who live together in Britain or the US for around 3 years have the right to apply for citizenship. This will avoid this messy problem every time you guys move between the two countries.

In the US, you have to be a LPR for 3 years if you are married to a US citizen. In the UK, I think you have to have settled status (indefinite leave to remain) for 3 or 5 years or something like that.

[frali 2]

First of all you qualify for DCF so thats the way you should proceed.

As far as your question is concerned you should write a letter explaining what happened with your application and yes add the Alien Registeration number in your application form as that way they can pull up your wife's old file/information if they please to do so. I don't see any complications in you filing for IR1 visa which will grant your wife a 10 year GC upon arrival in US.

Oh! one thing that they might question you on is why did your wife give up her GC last time. So if you have proof to show the reason for abandoning previous GC (which in this case is a valid reason - ailment of elderly parents) you should not have any problems.

Good luck!

[ponyespresso 0]

Your wife has never been under immigration proceedings. Going through immigration is not "immigration proceedings". I believe there's a space to write N/A.

So, immigration proceedings is different than just applying for a visa?

I didn't know that, that's a great piece of advice, thanks!

[ponyespresso 0]

By the way, you should definitely try to take advantage of dual citizenship in the future.

Yes, we will definitely think about it this time. Because each move was sort of sudden, citizenship was kind of the least of our worries.

Many thanks for your help!

[ponyespresso 0]

First of all you qualify for DCF so thats the way you should proceed.

As far as your question is concerned you should write a letter explaining what happened with your application and yes add the Alien Registeration number in your application form as that way they can pull up your wife's old file/information if they please to do so. I don't see any complications in you filing for IR1 visa which will grant your wife a 10 year GC upon arrival in US.

Yes, I've got the I-130 and supporting docs almost all complete, we just need to find a place locally which does US passport photos, and it should be off to the US embassy early next week.

We'll keep everyone posted!

I am hesitant about including a letter with the I-130 application, because the instructions are really clear about what needs to be included, and says specifically not to include anything that isn't asked for.

I'm sure the issue of us originally leaving the US will come up eventually, but, again, i'm not convinced an unrequested letter should go in our I-130 application.

Does that make sense?

[MargotDarko 0]

First of all you qualify for DCF so thats the way you should proceed.

As far as your question is concerned you should write a letter explaining what happened with your application and yes add the Alien Registeration number in your application form as that way they can pull up your wife's old file/information if they please to do so. I don't see any complications in you filing for IR1 visa which will grant your wife a 10 year GC upon arrival in US.

Yes, I've got the I-130 and supporting docs almost all complete, we just need to find a place locally which does US passport photos, and it should be off to the US embassy early next week.

We'll keep everyone posted!

I am hesitant about including a letter with the I-130 application, because the instructions are really clear about what needs to be included, and says specifically not to include anything that isn't asked for.

I'm sure the issue of us originally leaving the US will come up eventually, but, again, i'm not convinced an unrequested letter should go in our I-130 application.

Does that make sense?

I completely ignored the rule about not including anything they didn't specifically ask for and I had no trouble at all. I included a letter, a copy of our joint lease and a copy of our joint council tax bill. Sometimes people are asked for further proof of being resident in the UK and I think the extra things I included actually helped to prevent that. Also, we did our photos at Tescos without any trouble. It's when you go for the visa interview that they are sticklers about the photo being exactly to US specifications.