Need to refile an I-130?

[HMT 0]

My wife, a LPR, and I, a US citizen, have been living outside the US since early 2007 due to my employment contract with a non-US company. Prior to leaving, my wife obtained a reentry permit that expired in July 2009. We vacationed in the U.S in December 2008 through January 2009, which was the last time my wife was in the US. Since living overseas we have had two children, filed US tax forms, renewed our drivers licenses, etc. We plan to return to the US in early 2011, so she scheduled a DS-117 interview at the embassy. We were advised in the confirmation email to prepare I-130 paperwork.

Are we going to have to start all over again and have to prove that we are married, etc.? This seems odd, considering her LPR status and the fact that our children both have US passports. We were told by an immigration attorney that we could just return to the US and then have a court hearing to determine her status. Given the fact that we will be traveling with two small children and the possibility of having to spend hours being interrogated, we decided to pass on this option, but might re-consider it if it means we can get back in without having to start all over again.

Any advice would be appreciated.

[Penguin_ie 5,996]

She lost her LPR status, as she's been outside the USA without re-entry permit for over a year. To be an LPR, you need to be resident in the USA, which she has not been.

Yes, you will need to start over, pay fees again etc. But it will be easier this time, as you have all the documents already and can just update, plus you can file DCF, ie directly with the embassy, which is quicker.

Edited October 18, 2010 by Penguin_ie