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Filed: Other Country: Italy
Timeline
Posted

-I lived in the US for 13 years after obtaining my green card. Then I left to go back to Europe. Now - 20 years later - I am retired and I wish to get my green card back or get a new one. I have travelled back and forth to the US several times in the past 2 years - in fact I have been in the US more months than abroad because I have a ten year visa. My wife is American and can re-apply for my green card:

3 Questions:
Is it better to apply when I am in the US as a visitor, or should I leave and apply from abroad?
Should I extend my stay of 6 months in order to apply?
Am I in trouble because I stayed so long in the US? I never overstayed my visa (6 month) limit.

Posted (edited)

The old green card is dead.

Have your wife file an I-130 and petition you for a new one. It makes no difference if you are in the US or your home country when you apply, but you would need to leave at the end of your period of authorised stay as normal if you apply while you are visiting.

Edited by Hypnos

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

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

Your old green card is no longer valid, so you'll need a new one. You should apply from Italy, as you will not be allowed to enter the US if you intend to apply for a green card while you're there.

The fact that you have traveled to the US a lot is not a problem at all, as long as you have not overstayed or worked.

Posted

If you are already in the USA, don't leave and do the AOS route: http://www.visajourney.com/content/i130guide2

if you are not currently in the USA you cannot enter with the intent to immigrate so do the IR1 route: http://www.visajourney.com/content/i130guide1

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

 
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