Has anyone applied for an SB-1 Visa?

[ama537621 3]

My wife and I are in a unique situation. She came to US K1, we were married and 2 weeks later I was offered a large promotion to work overseas for a extended time, 11 months. We filed for her AOS and it was approved via expedite at the Buffalo field office no interview required. As soon as her GC was received we filed for her I-131 reentry permit. She had to go overseas before me due to her pregnancy (Dr did not want her flying during last trimester). I followed 2.5 months later when my assisgnment strated.

Her I-131 was approved but only for 1 year She had left before the I-131 arrived in the mail . My stay will require her to be out of the US for 14 months, if we had gotten the 2 year I-131 there would be no problem. But with the 1 year we will have an issue.

We will be looking ot file for the SB-1 visa for a person who stayed out of the country longer than 1 year or longer than the I-131 allows. This is possible under the traveling with a citizen spouce clause.

My main question is has anyone applied for and gotten this type of Visa?

And if soo how horrible of a process was it?

We have proof of ties to the states, her NYS DL, Joint bank account Credit cards in both of our names. Plus we wll have the Cert of borth abroad for our daughter and her passport to take with us.

[Penguin_ie 5,997]

Will your contract be extended? If it is just a question of 2 months, I doubt they will grant the returning resident visa, especially with her having spent so little time inside the USA as a greencard holder. The visas I have seen approved are when there are unavoidable reasons- a death in the family, a major illness that precludes travel. Your wife can travel back to the US if she so chooses, and a separation of 2 months would not be considered a major hardship.

It would be better for her to return a couple of months before you.

Edited August 20, 2013 by Penguin_ie

[ama537621 3]

Traveling with a us citizen spouce working overseas is listed as a valid reason to apply for the Visa. We will have to roll the dice and gamble that the consulate will take into the account that her reentry permit was only issued for 1 year not the 2 required. And that our child being a us citizen shows strong proof that we will be returning to the united states. Plus our joint bank accounts, joint tax return, and her having a valid drivers liscense will also help with the proof.

If it were not for the baby she would just go back 2 months before me.

When applying for a Returning Resident (SB-1) immigrant visa, you should submit the following forms and documents to the U.S. Embassy or Consulate where you will apply:

• A completed Application to Determine Returning Resident Status, Form DS-117
• Your Permanent Resident Card, Form -551
• Your Re-entry Permit, if available

You must also submit supporting documents that show the following:

• Dates of travel outside of the U.S. (Examples: airline tickets, passport stamps, etc.)
• Proof of your ties to the U.S. and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the U.S.)
• Proof that your protracted stay outside of the U.S. was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, accompanying a U.S. citizen spouse, etc.)

I Hope our chances are good, but we are not holding our breath. For what little money it will cost I am willing to gamble on trying.

Worst case is I spend several thousand dollars and travel back to the states with her and fly back a week later to finish my contract.

Thanks for the advice penquin you are prolly correct but there is always a sliver of hope.

[Penguin_ie 5,997]

THat is true, the fact that the re-entry permit was for one year is odd..... good luck!

[Muna 0]

Plz what happened to your case? any updates plz