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YpsiFella

Had a GC a Few Years Ago - Reapplying - Questions

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Filed: Citizen (pnd) Country: Canada
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Hi,

I posted these questions in the IR-1 forum and didn't get a lot of answers so I thought I would take a shot with this forum.

My wife is making I-130 application for me (wife is USC). I had a green card but have abandoned it - in reality in June 2011 - and formally four weeks ago with an I- 407 when confronted at the border. The economy resulted in me getting notice my job was disappearing and we had to head back to Canada to keep working. Now I have been here a year and a half and when going to the US for a visit the other day was required to sign an I-407 abandoning my previous status. My wife cannot stand being away from family and I miss the US. We want to go back.

We are actually about to make application again so I can re-establish my permanent residency in the US. As we make application this time we have the following questions:

1. I presume that we should use and reference on the I-130 my previous A number - is this correct?

2. How should we deal with this in the cover letter? I presume that we should reference the previous green card but what else should we say, if anything? Do I give an explanation of why we left the US and did not stay the last time? Will the fact that I so recently signed the I-407 (although I left 18 months ago) prejudice our application?

3. Should we include a copy of the I-407 with our application?

4. Should I title the cover letter ORIGINAL SUBMISSION as I did previously? Technically this is a new original submission I believe - correct?

Has anyone been through this? I have a million more questions but will post again if folks respond. Please answer any single part of this you can.

Thanks.

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Filed: Citizen (apr) Country: Australia
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1. Yes. Your A number doesn't change.

2. There is no need to "deal" with it in the cover letter. No need to reference the other greencard (they know). No need to say why you left the US (this can be explained in the interview if required). No the I-407 shouldn't affect you. They might mention it but it shouldn't be a problem.

3. No.

4. I don't know why you're calling it "original submission" at all honestly. My I-485 was "Nature of the submission: I-485 - Immediate Relative (Spouse) Family Based Adjustment of Status Application"... but if it worked for you last time, just do the same again.

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Filed: Citizen (pnd) Country: Canada
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Thanks a million for replying Tony.

Way back when we did the first one in 2005/6 the sample cover letter posted had the ORIGINAL SUBMISSION thing but frankly I like your terminology better for this situation.

I don't know why but I am very nervous about it this time. I just feel a little like they will be tougher on me because I was there and abandoned status.

I know establishing domicile will be a major hurdle for us. When we applied last time we still had my wife's house that we were headed for. I know they will want a joint sponsor and I have someone lined up already.

Thanks.

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Filed: IR-1/CR-1 Visa Country: Canada
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Thanks a million for replying Tony.

Way back when we did the first one in 2005/6 the sample cover letter posted had the ORIGINAL SUBMISSION thing but frankly I like your terminology better for this situation.

I don't know why but I am very nervous about it this time. I just feel a little like they will be tougher on me because I was there and abandoned status.

I know establishing domicile will be a major hurdle for us. When we applied last time we still had my wife's house that we were headed for. I know they will want a joint sponsor and I have someone lined up already.

Thanks.

At the top of this forum you can see the hurdles many of gone thru-----in some cases the USA citizen left to go back to Canada and establish domicile--then send in proof to MTL--and as you know--nothing happens fast in MTL!!

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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