SB-1 and Returning Resident

[mejduprey 0]

Hi, I've searched high and lo and can't find much feedback on this particular topic.

Perhaps i'm looking in the wrong thread. If so, could someone please direct me to the right place.

As for our situation, it's pretty straightforward.

My husband is a citizen. I got my Green Card last year in the summer.

Shortly after we left for Japan to teach English.

We knew our contracts in Japan would be short term, at the most 2 years.

So...we applied for a re-entry permit and we got it. However, the document came so quickly!

So in actual fact our Re-entry permit expires 25 days BEFORE our Japanese work contracts do

Anyhow, we could technically cancel our contracts early, but it would look really bad and we would lose our free ticket home and

about $3000 USD (one months pay here). I know that applying for the SB-1 will cost us, but we think it would be worth it.

Our school's really want us to complete our contracts!

If anyone has applied for this visa, or filled out the DS-117, please let us know what happened.

How much did it cost overall? What is the time frame? Were you rejected? What was the airport re-entry like?

How did your interview go?

We would truly appreciate it!

[mejduprey 0]

Seriously? No one has any experience to share??

[payxibka 10,045]

this is possibly posted in the wrong forum.... moving thread

For SB-1 you simply get a hold of the consulate and complete the process.... it is designed to accommodate people essentially in your situation....

If you have the SB-1 visa then the POE won't be an issue

DS-117 is $400

http://travel.state.gov/visa/immigrants/info/info_1333.html

Edited June 6, 2010 by payxibka

[trablus 0]

I thank you all for your comments on the SB-1 Returning Resident Visa.

My wife, child, and I were visiting family in North Africa, when I was able to find steady employment there, unlike in the U.S. where I used to work.

We have now been out of the U.S. since March 2009, and when we called to inquire with the U.S. consulate they stated that my wife would not be eligible to apply for the SB1 visa, as we should have returned back at least before the one year anniversary.

My wife had the 2 year permanent residency card, and we were waiting on the I-751 to be approved, and she had an ADIT stamp in her passport that was good only until the passport expired, which was in November 2009.

I was told that the SB-1 visa would apply for someone who is sick, or someone is caring for a parent, child, or sister/brother.

Now that the economic situation in the U.S. is better, we would like to return.

Any thoughts, on how to do this in the most efficient and effective matter.

[milimelo 4,477]

I thank you all for your comments on the SB-1 Returning Resident Visa.

My wife, child, and I were visiting family in North Africa, when I was able to find steady employment there, unlike in the U.S. where I used to work.

We have now been out of the U.S. since March 2009, and when we called to inquire with the U.S. consulate they stated that my wife would not be eligible to apply for the SB1 visa, as we should have returned back at least before the one year anniversary.

My wife had the 2 year permanent residency card, and we were waiting on the I-751 to be approved, and she had an ADIT stamp in her passport that was good only until the passport expired, which was in November 2009.

I was told that the SB-1 visa would apply for someone who is sick, or someone is caring for a parent, child, or sister/brother.

Now that the economic situation in the U.S. is better, we would like to return.

Any thoughts, on how to do this in the most efficient and effective matter.

DCF in that North African country embassy - your wife obviously abandonded her permanent residency as she was out of the country for 1+ years. All in all, shouldn't be more than a couple of months to IR-1 visa provided you satisfy residency requirement in that country - contact the US embassy for more info.

Edited July 12, 2010 by milimelo

[Brother Hesekiel 2,236]

As you are teaching English (you may want to proof-read your post, btw.), you will find it comforting that it's all about math here.

The I-751 is dead for you due to your extended absence from the States. If you apply for an SB-2, you'll have to add those cost to the one for a new AOS petition needed in the US in order for you to get a Green Card again.

Otherwise, you could go the DCF route and travel to the US with the same result. In both cases you'll be rewarded with a 10-year Green Card.

Do the math.

[trablus 0]

DCF in that North African country embassy - your wife obviously abandonded her permanent residency as she was out of the country for 1+ years. All in all, shouldn't be more than a couple of months to IR-1 visa provided you satisfy residency requirement in that country - contact the US embassy for more info.

Dear Milimelo and others:

My wife originally went through the consular processing in 2006, and was granted her 2 year permanent residency.

She then moved to the U.S. in 2006 and lived there until we overstayed our vacation to North Africa, and have been overseas since March 2009.

In 2008, about six months before, we applied for the I-751 to remove conditions, and last week at my permanent residence in the U.S. I received a letter stating that we needed to submit additional evidence in order to remove conditions.

Question:

(1) If I submit all the evidence and then there in the U.S. they approve the green card, and mail it to our home in the U.S., will it be valid for her to use?

(2) How does the State Dept and USCIS determine or verify if one has overstayed or not, until they either return to the U.S. or reapply for an SB1 or start all over again?

(3) As for the SB-1 we would like to use it as, I have been offered a position in the States and my wife would like to continue in her studies, before we overstayed our vacation.

Any suggestions?

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