In need of guidance

[Addohm 0]

This website came highly recommended by a guy that I've worked with.

I think it best to first describe my wife and I's history and current situation.

My wife was here on a student visa when I first met her. I am a born and raised American, she is from Macau. We married, in Boston, back in May of 2008. We had a daughter (citizen) in November of 2008. We almost completed the interview process, we had our first interview, and were asked to come back in for a second interview a couple years later. Sadly however, there was a big falling out and we divorced just a few months before we could complete the second interview. Two and a half years later, her and I have worked everything out, and got remarried over the holidays.

We'd like to start the process over again, but hope to get better guidance this time. We attempted to figure it all out for ourselves last time, and it apparently took a lot longer than necessary.

She has sent me a filled out G-325A with some passport photos.

What is the best path and quickest path to take to get them back in to the country legally?

Thank you in advance,

Adam

[Inky 1,111]

Did she leave the USA and you are trying to start a new petition for her now to come back? or is she still in the USA? nvm just reread that after shoving the dog off the desk, she is in the USA. http://www.visajourney.com/content/i130guide1 link to the step by step guide for spousal filing.

You also may want to have her try and find out the status of her previous case. To make sure she was not put in removal proceedings or something.

Edited February 24, 2013 by Inky

[Addohm 0]

Over the holidays when they came here for vacation, she was told that she needed to turn in her green card before she could enter the US.

[NikLR 13,232]

The only path available to you is the CR1/IR1 visa path. I'd get on the paperwork ASAP.

[Harpa Timsah 13,258]

Wait, she is in the US right now, but she came here on an old GC and was forced to turn it in in exchange for admission? Was she paroled into the US? How long has she been here?

[NikLR 13,232]

Wait... what? He said she SENT HIM... which I assumed meant she is NOT in the USA. She visited, had to turn in her old green card and then left is what my assumption was.

[Addohm 0]

She and my daughter came here, to visit, for the holidays. It is part of our divorce agreement that we alternate visiting every year. That's irrelevant now anyways.

She was told by the US Consulate in Hong Kong that he ha to surrender her green card before she could get permission to reenter the united states.

Neither one of us have criminal records. Sorry, no parole issues

[Penguin_ie 5,997]

Ok, again:

- Where is your wife now?

- If she is in the USA, how did she enter (tourist visa? greencard?)

[pushbrk 13,207]

Ok, again:

- Where is your wife now?

- If she is in the USA, how did she enter (tourist visa? greencard?)

For clarity, "paroled into" simply means was allowed to enter. Is she here now or did they leave after the visit? If they left, file a new I-130 and get her an IR1 visa.

[Addohm 0]

She is back in Macau. Like I said, they came for the holidays.

[Penguin_ie 5,997]

OK then you need a new IR-1 visa for her. The whole processs will take around a year, hopefully less. See our Guide here: http://www.visajourney.com/content/i130guide1

[Addohm 0]

At any point in that process, will she be allowed back with at least a temporary status?

[pushbrk 13,207]

At any point in that process, will she be allowed back with at least a temporary status?

She might be allowed as a visitor but not with any "status".

[Addohm 0]

She might be allowed as a visitor but not with any "status".

Isn't there a limitation on the amount of time a "visitor" may remain within the US?

[pushbrk 13,207]

Isn't there a limitation on the amount of time a "visitor" may remain within the US?

Yes, of course. That's why it's called "visiting".