Have greencard but have been out of country for 4 years

[Herewegoagain 0]

Sorry if this is in the wrong place, but I don't know where else to put it.... I was on here years ago, fighting to get my greencard and Hoorah I did!!! But I was living in US for a year and got extremely depressed and homesick, so I made the mistake of coming home and not seeing it through!

So fast forward 4 years, and my Husband cannot stand it here anymore. I know I will be better next time over there, as I can work, I have friends AND I have family over there, all the things my Husband doesn't have here and which makes his life miserable. We've been married 12 years and I can see that there is no way he can continue living here, he's lost his spark. I'm happy to go back now and feel it's the best thing for us as a family. We have two daughters, one was born in the US but both have US Passports. But now I'm reading things about my greencard not being valid anymore, I feel sick. It was so hard to get as everyone on here knows!! It's expiry date is 2014 but I've now found out that has nothing to do with my status.

My question now is: do I have to start all the way from scratch (we plan to move out there again in early 2010) or should I go on a visitors visa and do something about it over there? I still have my social security number, and was hoping to get another job straight away when I go back. My Husband and I like I said, have been married for 12 years and have two daughters. Please can someone offer advice on us getting back to the US!

Thanks in advance!!!

[redglasses 1]

I am assuming you haven't gone back to the US often enough to keep your LPR status.

If so, I would abandon the GC at the US embassy London and start the DCF process there.

The chance of getting a visitor visa or entering the US under VWP without problem would be slim to none because you haven't abandoned your GC yet.

[Herewegoagain 0]

Well I visited in 2007 on VWP with no problems, but no, haven't been back enough to maintain it. I can't believe I have to go through it all again, I feel like jumping out the window of a high building. Off to puke up, thanks for the reply.

[john_and_marlene 162]

File for IR-1 visa at the consulate.

[Herewegoagain 0]

wow, deja vu, how depressing. Why did I ever leave? You try to keep everyone happy Mum and Dad in UK, Hubby in US, but in the end it turns out a disaster and miserable.

[Nik+Heather 121]

London DCF is pretty fast, and will fit your timeline of moving in early-ish 2010 if you file soon.

[Herewegoagain 0]

Really? But last time I did all that, my Husband was in America, so provided all necessary financial documents, this time we are both over here, looking to go back as a family - will that not work? Will he have to be there first? I wish I had thought this through more, I wish I'd never left really, I'm gutted. Hubby hates it here.

Thanks.

[Minya's wife 25]

wow, deja vu, how depressing. Why did I ever leave? You try to keep everyone happy Mum and Dad in UK, Hubby in US, but in the end it turns out a disaster and miserable.

US residency requires that the resident physically reside in the US for at least 6 months of the year in order to maintain said residency. As you have not done that, your residency is considered abandoned. You can do DCF (direct consular filing) for a new green-card, though the consulate in London. Please see VJ's Direct Consular Filing Explained thread, and this page that gives detailed information on the process.

[Gary and Alla 3,694]

Sorry if this is in the wrong place, but I don't know where else to put it.... I was on here years ago, fighting to get my greencard and Hoorah I did!!! But I was living in US for a year and got extremely depressed and homesick, so I made the mistake of coming home and not seeing it through!

So fast forward 4 years, and my Husband cannot stand it here anymore. I know I will be better next time over there, as I can work, I have friends AND I have family over there, all the things my Husband doesn't have here and which makes his life miserable. We've been married 12 years and I can see that there is no way he can continue living here, he's lost his spark. I'm happy to go back now and feel it's the best thing for us as a family. We have two daughters, one was born in the US but both have US Passports. But now I'm reading things about my greencard not being valid anymore, I feel sick. It was so hard to get as everyone on here knows!! It's expiry date is 2014 but I've now found out that has nothing to do with my status.

My question now is: do I have to start all the way from scratch (we plan to move out there again in early 2010) or should I go on a visitors visa and do something about it over there? I still have my social security number, and was hoping to get another job straight away when I go back. My Husband and I like I said, have been married for 12 years and have two daughters. Please can someone offer advice on us getting back to the US!

Thanks in advance!!!

Yes you have to start over. DCF would be your best option. Read the guides for the DCF

Really? But last time I did all that, my Husband was in America, so provided all necessary financial documents, this time we are both over here, looking to go back as a family - will that not work? Will he have to be there first? I wish I had thought this through more, I wish I'd never left really, I'm gutted. Hubby hates it here.

Thanks.

Read the DCF guides. The DCF is specifically for couples with a US citizen partner living overseas.

[Twisted K 2]

from what i have read on these forums, it looks like you can file dcf there. the only thing is he will have to prove domicile. good luck to you

[Herewegoagain 0]

thanks all, will start the process again. Appreciate your help.

[Otto 83]

Just thinking out loud here - but am curious exactly how the US Government would know the OP has been out of the country this long (and hence, abandoned her PR status; the length of absence would pretty much long ago have fallen into abandonment but..) if she didn't tell them - I mean would CBP actually inspect arrival/departure stamps and calculate how long the OP has been gone (or something similar)?

[Minya's wife 25]

Just thinking out loud here - but am curious exactly how the US Government would know the OP has been out of the country this long (and hence, abandoned her PR status; the length of absence would pretty much long ago have fallen into abandonment but..) if she didn't tell them - I mean would CBP actually inspect arrival/departure stamps and calculate how long the OP has been gone (or something similar)?

When you enter the US, you present both your foreign passport and green-card. I assume that some sort of check is performed, comparing exit/entry stamps and such, to calculate if entry is allowed, or if AP is needed in order to allow entry as resident. if not, VWP (if applicable) takes over....I think.

The OP states that she came back 2 years ago for a visit and entered using VWP. why not enter w/ the green-card if it is valid, as OP stated, until 2014?

[Otto 83]

The OP states that she came back 2 years ago for a visit and entered using VWP. why not enter w/ the green-card if it is valid, as OP stated, until 2014?

Well that's what she said but it doesn't mean she actually did enter on VWP - she could be mistaken. Seems to me, whatever checks they did/didn't do 2 years ago, they would do/not-do again. The card is still valid (or unexpired anyway) for 4 more years.

[MapleLeafBaby 1]

Just thinking out loud here - but am curious exactly how the US Government would know the OP has been out of the country this long (and hence, abandoned her PR status; the length of absence would pretty much long ago have fallen into abandonment but..) if she didn't tell them - I mean would CBP actually inspect arrival/departure stamps and calculate how long the OP has been gone (or something similar)?

When you enter the US, you present both your foreign passport and green-card. I assume that some sort of check is performed, comparing exit/entry stamps and such, to calculate if entry is allowed, or if AP is needed in order to allow entry as resident. if not, VWP (if applicable) takes over....I think.

The OP states that she came back 2 years ago for a visit and entered using VWP. why not enter w/ the green-card if it is valid, as OP stated, until 2014?

Not true....upon entering the US, we present our GC's....they have not asked or have any interest in my Canadian Passport.

Technically the only way would be for UK and US customs to cross reference their notes.

Refiling is the 'proper' way to do it...that being said, people slip back into the US everyday (that have been absent for months or years)...it may not be right but it happens.