Living in Hungary now with Hun. wife, losing green card...

[varuna 0]

Hello!

Please don't think I'm nuts here...

So Dora and I married in October 2007 after getting the K-1 Fiance visa. Took care of all the work thereafter, and she received a green card in February 2008 or so. Obviously we had planned on staying in the States for good, but things changed a bit...

I was offered admission to a fine school in Budapest, Hungary (my wife is Hungarian), and I simply could not pass up this opportunity for graduate school. It's a two-year degree starting in September 2009, ending in June 2011. We have been here in Budapest since May 2009.

Unfortunately we jumped the gun on leaving the States since my wife's residency still has conditions (due to be removed 90 days before January 2010 if we were still in the US). Also, we overlooked the fact that we needed to do the I-131 Re-entry permission form before we left. Oops! Well, that's life I guess.

So now we're in Budapest, intending to stay for two years as I study, and fully intending to return to the States for good once it's all over here.

I am planning on my wife losing her green card because we have not/will not remove conditions in time (can't afford it, can't afford to go back home for the time it would take) and she does not have permission to re-enter per form I-131.

What I'm wondering is, and I know this is going to be rough, if/when she loses residency, can we, while we're here, do the Direct Consulate Filing and get her another visa just before I'm done with school and we want to go back home, and subsequently re-apply for a green card. Will they grant someone residency who had it before and essentially abandoned it?!

Thank you for your help!!!

[txladykat 1]

Yes you can.

[Otto 83]

Budapest offers DCF so you would be able to - I would think your (her) previous Permanent Resident status would not be a hindrance when the time comes.

Edited July 28, 2009 by Otto und Karin

[Mand 1]

We did what you've done. Moved over on a K1 visa, got my greencard and then returned back to Ireland.

We are now considering a move back and have been approved to do DCF here in Ireland. They'll probably just think we're mad!! I did however formally hand back my green card to the US Embassy here in Ireland about a year and a half after we returned.

[Penguin_ie 5,993]

You can absolutely do this, the previous K1 will not be an obstacle. if anything, it shows that you want to do things the right way and legally, plus you have experience filling out those pesky forms