It is weird, Please help!

[LotofPatience 65]

I (U.S Citizen) had filed the Green Card for my wife and received CR1 Green Card. She reached the U.S in Jul 2008. She went back to our country (India) permanently in Sep 2009. She surrendered this CR1 Green Card in the consulate abroad in May 2010 since it was expiring in Jul 2010 (It already expired). Now her mind is changed and come back to the U.S. So, she applied for her B2 (visitor visa) visa and got rejected, 214(b) - Potential Immigrant. Now, we are going to proceed again the usual Green card path.

Questions:

1) Do I need to start the entire I-130 application or is there any way to restore the previous green card status?

2) Mine is VSC, how long I-130 process takes now a days and how long in NVC? (I know time is always depends on the situation, but please provide me a reasonable time for most of the general group)

I had created (posted by a good friend) a VJ Wiki page back in 2008 "about how to bring the spouse to the U.S". Any changes in the process (I-130 and NVC) now since 2008?

Regards

LotOfPatience

[canadian_wife 1,829]

Since she surrendered her green card to the consulate, that is the first place you should be asking these questions. If they say they cannot reissue the green card, then you'll need to re-petition

Good luck

[LotofPatience 65]

Since she surrendered her green card to the consulate, that is the first place you should be asking these questions. If they say they cannot reissue the green card, then you'll need to re-petition

Good luck

Thank you for your response! This CR1 is already expired in the begininng of Jul 2010.

Regards

Loto

[payxibka 10,047]

Thank you for your response! This CR1 is already expired in the begininng of Jul 2010.

Regards

Loto

Had she not turned in her card she might have been eligible for SB-1 returning resident visa.

No way to restore the original I-130 as the visa was issued.... You will need to submit a new petition.

[LotofPatience 65]

Had she not turned in her card she might have been eligible for SB-1 returning resident visa.

No way to restore the original I-130 as the visa was issued.... You will need to submit a new petition.

Thank you! This is what I also thought. She abandoned and returned her CR1 GC to the consulate and now the 2 years Conditional period is also elapsed.

If we start an entire new I-130 process (this time it is IR1 - marriage over 2 years), what is the probability to approve/deny the new Green Card?

Regards

Loto

[payxibka 10,047]

Thank you! This is what I also thought. She abandoned and returned her CR1 GC to the consulate and now the 2 years Conditional period is also elapsed.

If we start an entire new I-130 process (this time it is IR1 - marriage over 2 years), what is the probability to approve/deny the new Green Card?

Regards

Loto

not if you can demonstrate that your marriage relationship is still intact.

[bobby_kvisa 7]

Surrendering your green card is final - you no longer in possession of it as this demonstrates the intent that no longer wished to remain a resident of America.

I am pretty sure this means you have to file for CR-1 all over again. In this filing you probably should consider explaining why you surrendered the green card initially, and why you are now interested in applying again.

[sachinky 465]

From what I understand, as she surrendered her GC, she is no longer eligible for the returning resident visa.

You must file for the IR-1. It will take about 6-8 months from beginning to end.

You will have to provide proof that your marriage is still valid, intact and bonafide.

[LotofPatience 65]

From what I understand, as she surrendered her GC, she is no longer eligible for the returning resident visa.

You must file for the IR-1. It will take about 6-8 months from beginning to end.

You will have to provide proof that your marriage is still valid, intact and bonafide.

Thanks bobby_kvisa and sachinky!

Our marriage is still perfect, so I don't see any issues on it. In fact, we have a baby daughter as well now. Also, we have the reason why she abandoned her CR1 GC.

Glad to know that 6 to 8 months is the total processing time now as in 2008. We had finished everything in 6 months time in 2008. I was one of the few, who initiated the online payments and the documentation of it to complete NVC process in less than 1 month time (NVC implemented online system in around Apr 2008). Before that, regular mail correspondence used to take 3 months in NVC. Previous I-130 approved in 3.5 months time in VSC.

Regards

Loto