the best option?

[scorpell 0]

Hi All,

Although i have posted before i feel i need to be specific to get the best advice here.

I married my husband in feb 2007 , him being a US citizen and i from Australia.I gained my permanent residence card and it was due to expire approx april 08th 2010.As i had family matters to attend to in Australia and did not know the intended time frame i contacted the USCIS in march 2010 and was advised was better to re apply under spouse of a US citizen and let my residency go.I sent my green card with a covering letter back to the USCIS,and my husband recieved a notice to advise they recieved it.He also recieved a letter not long after stating at the bottom of it that if i need legal representation for deportation reasons???? obviously as i left the USA before my residency expired this is frustrating us.I need to know,as i am ready to return what my best and cheapest options are? do i do the application (and which one) whilst i am still in Australia or do i go back and do it?I just need answers as i believe (and thankyou for the information Darnell) that i can submit an expidite request.

I feel so lost with this right now and just need to know as :

1) was given incorrect information

2) do we have to pay the $1010 all over again

3) do i need to do biometrics again?

or can i travel on a tourist visa and just do it from over there as i am missing my husband,stepdaughters,my home and my life????

thankyou in advance

Ellen

[Penguin_ie 5,996]

If you have given back your greencard, you are no longer a US LPR/ greencard holder. Thus, you would need to apply for another spousal visa, ie start from scratch. You could visit under the VWP while it is pending for its max of 90 days, but not live in the USA (work etc).

[scorpell 0]

So obviously because of the info i was given by the USCIS, can i appeal it? if i had of known the situation this would have been obviously i would never have sent it back.

[Penguin_ie 5,996]

No,once a greencard is revoked afaik, you cannot appeal it. You were given bad advice, but it was you who acted on it, you weren't forced to give it back against your will.

Your best bet is to apply for another visa (including paying all the fees), and try for an expedite, as Darnell says. No guarantee the expedite will be granted, I am less hopeful of that than Darnell seems to be, but asking for one doesn't cost anything extra so you may as well try.

[scorpell 0]

Thankyou for the prompt response.It irritates me we are dealing with people in these positions as yes i was very much inclined to trust what they told me to be true.I will go ahead an request the expidite anyway...hey who knows? Is there a certain form called expedite or do i just attach a cover letter titled that? Thankyou again

[scorpell 0]

so although this seems like a stupid question,as once again staff at USCIS told me to do this,am questioning accuracy of this info also, do we file the I-130? $355 fee or do i have to file a different petition?

[Penguin_ie 5,996]

Yes, you file the I-130 and supporting docs. The visa you'll get is called IR-1, as you are married longer than two years. This means you'll get a ten year greencard when you enter the USA, no need to adjust status or remove conditions.

The Guide is very helpful;

http://www.visajourney.com/content/i130guide1

[scorpell 0]

Thankyou so much for that as i saw that but i thought i still had to be a permanent residence in order for that one to apply.at least some good news.So the birth certificate of my son from previous marriage and his children from previous marriage all have to be included then? wow