Jump to content

6 posts in this topic

Recommended Posts

Filed: Timeline
Posted

hoping to get answers as my husband and i have not had much luck when contacting USCIS and are pulling our hairs out.

i am an american my husband french. we have been married for almost four years. my husband was granted a temporary residency card in 2010. we resided in the states for two years until october 2010 at which point i wanted to return to france to pursue my studies. in sept 2011 we spent a month in the US at which time my husband applied for renewal of his green card. we were told that it would be a 10 year card. during our visit in 2011 we submitted an 1-131 form and started the process to renew his green card and also to inform the USCIS of our absence from the states during my studies. our permanent address in the states changed during this time and despite submitting a change of address we never received anything. we checked the online status of our situation and for months it showed that it was still processing. just a month ago, we started receiving time-sensitive documents at our new permanent address. we were told that because we didnt respond to these documents his request for renewal was denied. when we contacted USCIS we were told we needed to petition with M-188 form that they said was sent to us. we never received it and so whem we contacted the USCIS were told we needed to thus file a 1290 B which is currently being processed.

during all of this, we bought tickets back to the states to visit the family for a month. i was able to board the plane and am now in california, but my husband was denied and stuck in france.

we have tickets back to france in october as i will soon be finishing my studies there. is there any possibility of him being able to come join me in the states, soon? why is he not even allowed to come as a tourist? we are confused and frustrated and would just like to be together and spend time with the family. we are getting conflicting answers and advice on how to proceed from the uscis office abroad in italy and would just like to clarify how to get my husband to the states for this visit.

please if you have any information that might help, it would be greatly appreciated. negative comments are not needed as this is already a frustrating experience.

thank you!

Filed: Citizen (apr) Country: Canada
Timeline
Posted

He is not able to come as a tourist because he has immigrant intent. He had a green card and has a USC wife. I wouldn't let him in either as clearly he will eventually immigrate.

Did he have to surrender his green card?

Good luck, sorry about your situation but it sounds like he's abandoned his residency. Did he apply for a reentry permit?

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Topic has been moved from AOS forum to Effects of Major Family Changes on Immigration Benefits forum as the issue is not the issuance of a green card but presumed abandonment of PR status by living abroad and is more appropriate to this forum

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Posted (edited)

This is a messy situation

The chief issue is that a green card is for a person who wishes to live in the United States, and your husband was not living in the United States for a substantial period of time.

A green card holder can make foreign trips of up to six months without issue; trips between six and twelve months may require you to show CBP proof that you have maintained a US domicile while you were abroad (filing US taxes; making mortgage / lease payments on a residence; maintaining a bank account; etc.) and trips lasting between 1 and 2 years require you have to a re-entry permit, obtaining by filing an I-131 before you leave, to even be able to try to re-enter the country, and even then you will likely require the same proof as mentioned for between six and twelve month trips. It sounds as if your husband has been out of the US for more than he has been inside it for the last two years, which could be a problem, and that your mail may not have been reaching you, which is also a problem.

Assuming that he does not hold a re-entry permit, his residency may well have been considered to be abandoned and his green card voided as a result. This will be a difficult decision to overturn, if it has been made.

The cleanest solution would probably be to file a fresh I-130 for your husband and petition him for an IR-1 immigrant visa all over again. Expect this to take ~8 - 10 months until completion and he has the visa in his hand, and he will most likely not be allowed into the US during this period, even as a tourist, since he has substantial immigrant intent (married to a US citizen, as well as a previous green card holder). Upon entry to the US, this visa will automatically grant him a green card (this may have been the route you took before; you did not say whether he obtained his green card through AoS or an immigrant visa).

You could spend a lot of time and effort trying to resolve the situation as it stands and it is possible you might win, but (1) it will be expensive, once you factor in lawyer's fees; (2) there is no guarantee of success; as well as (3) it could well take longer to accomplish than a new filing would take.

You may want to consult an experienced AILA-certified immigration attorney, to see whether or not you have any immediate redress that would be simpler than filing a new I-130. From the situation you describe, I doubt it, but then again IANAL.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

  Reveal hidden contents
Posted (edited)

If he comes as a tourist his SB-1 will be denied, because he will be formally abandoning his residency. From what I understand, his I-751 was denied because you failed to respond to a RFE, and you are pursuing a SB-1 returning resident visa, correct?

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...