Wife lost her status for being out of country too long. Please help

[stillesgewaesser 5]

Q. What will happen if I refuse to receive one or all of the required vaccines?

A. Tell the civil surgeon if you do not wish to receive the required vaccines or a particular vaccine. You should also tell the civil surgeon the reason you do not wish to receive the vaccine(s). In this case, a waiver may be available to you, but only under the following circumstances:

You are opposed to vaccinations in any form– that is, you cannot obtain a waiver based on an objection only as to one vaccination

Your objection must be based on religious beliefs or moral convictions; and

The religious or moral beliefs must be sincere.

The form used to apply for a waiver depends on the adjustment category under which you are seeking legal permanent residence status. For example, refugees and asylees seeking adjustment of status should file Form I-602, Application by Refugee for Waiver of Grounds of Excludability. Individuals seeking adjustment of status as a result of an approved Form I-130, Petition for Alien Relative, or Form I-140, Immigrant Petition for Alien Worker, would file Form I-601, Application for Waiver of Grounds of Inadmissibility.

In my opinion, you may have a tough time getting a waiver for immunizations (if any are required) because your wife has already been vaccinated for her previous Green Card.

You may qualify to file for DCF (direct consular filing) from Germany which would speed up the process for you.

Good Luck.

Yeah, you're right. That's why I'm hoping she won't be required to.

We live in Germany, so we are filing here. I think that what DCF is...

Thanks for your message!

[mias 1]

Hi,

I apologize in advance for having so many questions, but it's hard to get these answered! Soon I'll be filing an I-130 for wife. She was already a permanent resident before. We foolishly stayed out of the country for over a year without knowing she would lose her status. We came to Germany to spend time with her family. We have a child that was born in the US. We don't qualify for the Returning Resident Visa, so we will have to file for a whole new visa.

How do I make sure in the application that they know she was a permanent resident before? I also don't want them to have a bad impression that she lost it. It was a simple mistake, and she and my child were with me the whole time. Should I explain the situation with a letter included?

What happens to her "old" status when we get her a new visa? Her bank account and other stuff are still open in the US and we can use them. She has a social security number. Will she resume her old status? For example, is the bank account still hers? Are her credit cards still hers? This is confusing to me! Technically she still "exists" in the USA. They don't "know" we're here. We told an officer that we're here and if he could update that we're here. He said it doesn't matter because she already "lost" her status. I wasn't sure if there were any consequences for technically still "existing" in the USA, while being here.

Another question. She originally immigrated to the US 5 years ago and was vaccinated then. Are those vaccines still valid? We want to avoid further vaccines for moral/religious reasons.

Also, I'd like to know the total costs we will be expected to pay. I know we will have to pay $420 for the I-130.

Around $200 for medical exam

$585 for vaccine waiver if she is required to get them

What are other costs I will be expected to pay? including costs when we arrive in the US? I need to know close to exactly how much it will be.

Thank you all for your time and help. It will really help me out greatly!

[mias 1]

Hi there,

I'm sort of in a similar situation. Lost visa, after returned to australia , was out of US. for too long./

My husband died when in the states. I was working, had US bank accounts, SS # . I still have all this.

Now I am in the process, to obtaining GC , through DV lottery . I 've had Interviews, but still waiting. Also had a child

born in US.

good luck..

[Kathryn41 3,205]

One post removed for containing inappropriate comment violating the Terms of Service and another post edited to remove the quoted removed post

[Enigma11561 336]

To answer your other question.All the bank and credit accounts are still hers. No change there.That has nothing to do with immigration.

[Boiler 45,578]

Did she surrender her GC?

If not how did she lose her status?

[gstrength 20]

As per costs you'll have to pay the I-130 fee, the $88 for the Affidavit of Support and the $240 visa fee and the new $125 green card fee. The medical exam costs can vary and probably require a bit of research into panel physicians in Germany. I wouldn't count on them being the same as last time. If she has proof of the vaccination from before then she won't need them again. The physician she received them at last time should have her record if she doesn't. At most they'd ask for a flu vaccine but if you try to time it so it's not within flu season that would save you the vaccination waiver fee.

incorrect. visa fee is $230.00 and new visa fee is $165.00

[Darnell 8,478]

hapfstreudel fees are 119 EU, though, so be prepared.

[KennyJ 10]

Hi,

I apologize in advance for having so many questions, but it's hard to get these answered! Soon I'll be filing an I-130 for wife. She was already a permanent resident before. We foolishly stayed out of the country for over a year without knowing she would lose her status. We came to Germany to spend time with her family. We have a child that was born in the US. We don't qualify for the Returning Resident Visa, so we will have to file for a whole new visa.

How do I make sure in the application that they know she was a permanent resident before? I also don't want them to have a bad impression that she lost it. It was a simple mistake, and she and my child were with me the whole time. Should I explain the situation with a letter included?

What happens to her "old" status when we get her a new visa? Her bank account and other stuff are still open in the US and we can use them. She has a social security number. Will she resume her old status? For example, is the bank account still hers? Are her credit cards still hers? This is confusing to me! Technically she still "exists" in the USA. They don't "know" we're here. We told an officer that we're here and if he could update that we're here. He said it doesn't matter because she already "lost" her status. I wasn't sure if there were any consequences for technically still "existing" in the USA, while being here.

Another question. She originally immigrated to the US 5 years ago and was vaccinated then. Are those vaccines still valid? We want to avoid further vaccines for moral/religious reasons.

Also, I'd like to know the total costs we will be expected to pay. I know we will have to pay $420 for the I-130.

Around $200 for medical exam

$585 for vaccine waiver if she is required to get them

What are other costs I will be expected to pay? including costs when we arrive in the US? I need to know close to exactly how much it will be.

Thank you all for your time and help. It will really help me out greatly!

If you have vaccinated less than 10 years then you are good to go. I don't think gov will exempt non us resident (in this case she is). I think at this point it is best that you consult with an immigrant lawyer or call the embassy and ask them.

[stillesgewaesser 5]

Did she surrender her GC?

If not how did she lose her status?

She lost it by default by being outside of the US for more than a year. It is considered "abandoned".

[pushbrk 12,910]

incorrect. visa fee is $230.00 and new visa fee is $165.00

The "visa application fee" is $230. The new $165 fee is called "USCIS Immigrant Fee". Since USCIS doesn't issue visas, it is not a new visa fee. It's actually a fee to produce and mail the green card.

As some will recall, the immigrant visa fee bill used to be $404. It was reduced a while back to $230. It's taken this long for USCIS to implement their fee to replace the reduction in the visa application fee. Together the fees add up to $395 instead of the old $404.

[bigdog 376]

Good Luck with all of this.

[Gosia & Tito 199]

Hi,

I apologize in advance for having so many questions, but it's hard to get these answered! Soon I'll be filing an I-130 for wife. She was already a permanent resident before. We foolishly stayed out of the country for over a year without knowing she would lose her status. We came to Germany to spend time with her family. We have a child that was born in the US. We don't qualify for the Returning Resident Visa, so we will have to file for a whole new visa.

How do I make sure in the application that they know she was a permanent resident before? I also don't want them to have a bad impression that she lost it. It was a simple mistake, and she and my child were with me the whole time. Should I explain the situation with a letter included?

What happens to her "old" status when we get her a new visa? Her bank account and other stuff are still open in the US and we can use them. She has a social security number. Will she resume her old status? For example, is the bank account still hers? Are her credit cards still hers? This is confusing to me! Technically she still "exists" in the USA. They don't "know" we're here. We told an officer that we're here and if he could update that we're here. He said it doesn't matter because she already "lost" her status. I wasn't sure if there were any consequences for technically still "existing" in the USA, while being here.

Another question. She originally immigrated to the US 5 years ago and was vaccinated then. Are those vaccines still valid? We want to avoid further vaccines for moral/religious reasons.

Also, I'd like to know the total costs we will be expected to pay. I know we will have to pay $420 for the I-130.

Around $200 for medical exam

$585 for vaccine waiver if she is required to get them

What are other costs I will be expected to pay? including costs when we arrive in the US? I need to know close to exactly how much it will be.

Thank you all for your time and help. It will really help me out greatly!

Bank accounts and CC are still hers, however, in some states a bank account with no activity for a period of time is considered abandoned and the assets are put in escrow by the state. The state then publishes those names in the hopes that someone comes forward and claims the assets; if that doesn't happen after some time, the assets become property of the state and often get distributed in tax returns. Colorado is one of those states. You would need to check in the state where your accounts are.

As for CC, some providers also consider the account abandoned after a period of inactivity (1 year in many cases)and then they close the account. However, if there was a balance, they might have sold the collection rights to an agency.

Generally other investment accounts follow same rules as the banks above, but again you need to check with the state where those were opened.

You can also check directly with those banks and CC providers, as well as any other financial accounts.

SSN remains so your spouse will have same.

[NikLR 13,227]

incorrect. visa fee is $230.00 and new visa fee is $165.00

Yes that was already corrected thanks for noticing.

[Boiler 45,578]

She lost it by default by being outside of the US for more than a year. It is considered "abandoned".

I thought it most likely that you did not understand the details.