Spouse overseas for long time, how do I bring her here?

[Cathi 5,747]

Syrian cases go through Amman, Jordan.

this link will be helpful to you. Good luck

http://jordan.usembassy.gov/visa_syrian_applicants.html

[Chicagoguy 2 27]

If you have the money you should try an experienced immigration lawyer.

[kzielu 1,149]

I think little problem here is - she did not remove conditions on her GC, therefore her status was revoked and I would think using SB-1 in this case may not apply - as there Removal of Conditions piece of it that would have to be taken care off.

May end to start IR-1 from the scratch.

[Boiler 45,484]

OP did not share all the details.

[kzielu 1,149]

OP did not share all the details.

Concluded from "But before the 2 years was up and we file for Adjustment of Status, she had to go visit her family due to her father's illness (he got cancer)."...

Sounds like they didn't file for RoC...

[VisaVee2k13 0]

Concluded from "But before the 2 years was up and we file for Adjustment of Status, she had to go visit her family due to her father's illness (he got cancer)."...

Sounds like they didn't file for RoC...

Correct, she left before the 2 years was up (duration of conditional GC) so we did not start the ROC process, and I did not proceed to do that because she was not here and there was no telling how long she would be gone.....so that is why that was not quite done....

[Harpa Timsah 13,258]

For a SB1, the point is that the person lost their LPR status. So I don't know that failing to ROC precludes one from pursuing a SB1. All SB1 seekers have lost LPR.

[VisaVee2k13 0]

If you have the money you should try an experienced immigration lawyer.

Thanks. Have you had similar experience before, using such lawyer? I may need to look at contacting a specialist in this field (immig lawyer), I have been told they are pretty pricey though....but if they can get results that I would not be able to on my own it may be worth it.....

[Harpa Timsah 13,258]

Vee: You've got 2 threads going on here.

You have two options.

1. SB1 returning resident visa. I would inquire with a lawyer or the embassy if failing to ROC precludes her from trying for it. From what I understand it is fairly quick and applied through the embassy. She will be able to go to Jordan is she shows that she has an appointment in Amman.

2. Start over with a new I-130 and pursue a spousal visa.

If she is denied the SB1, then you can pursue the spousal visa.

The reasons she would be denied SB1 is if either she cannot get for failing to ROC or if they determine she stayed abroad purposefully. The SB1 is for people who lost residence through no fault of their own.

So, try for SB1 first, then go with I-130. You might ask a lawyer some questions, but it's not super complex.

I would be corresponding with the embassy in Jordan yesterday. Good luck.

[VisaVee2k13 0]

Vee: You've got 2 threads going on here.

You have two options.

1. SB1 returning resident visa. I would inquire with a lawyer or the embassy if failing to ROC precludes her from trying for it. From what I understand it is fairly quick and applied through the embassy. She will be able to go to Jordan is she shows that she has an appointment in Amman.

2. Start over with a new I-130 and pursue a spousal visa.

If she is denied the SB1, then you can pursue the spousal visa.

The reasons she would be denied SB1 is if either she cannot get for failing to ROC or if they determine she stayed abroad purposefully. The SB1 is for people who lost residence through no fault of their own.

So, try for SB1 first, then go with I-130. You might ask a lawyer some questions, but it's not super complex.

I would be corresponding with the embassy in Jordan yesterday. Good luck.

Thanks so much, for the information, it makes sense - I will consult with an atty for sure. So I can just email the Amman embassy using the email address they have on their website - from your experience do they respond in a timely manner? It would be helpful if I can get some answers from them....thanks again, you have been so helpful!

[Boiler 45,484]

I am not sure where the benefit of a SB1 is.

With a SB1 you are saying that you are a PR despite the absence. Normally a better bet would be to get on a plane and see. You might get let in or worst case end up in front of an IJ. Chances of a positive outcome seem very good.

However in this case there is no GC to allow you on the Plane. Usually a GC is just evidence of status, but here we have failure to remove conditions as well.

From what I have seen mentioned elsewhere, fly to Mexico head North, if they do not let you in claim asylum. If you want to make absolutely sure of a smooth ride and are Muslim change to some other religion en route and proclaim it on Facebook whatever.

[VisaVee2k13 0]

I am not sure where the benefit of a SB1 is.

With a SB1 you are saying that you are a PR despite the absence. Normally a better bet would be to get on a plane and see. You might get let in or worst case end up in front of an IJ. Chances of a positive outcome seem very good.

However in this case there is no GC to allow you on the Plane. Usually a GC is just evidence of status, but here we have failure to remove conditions as well.

From what I have seen mentioned elsewhere, fly to Mexico head North, if they do not let you in claim asylum. If you want to make absolutely sure of a smooth ride and are Muslim change to some other religion en route and proclaim it on Facebook whatever.

I don't really see the need to go so far as change your religion...but the Mexico thing sounds plausible....I wonder if someone traveling from the ME to Mexico needs some sort of Visa?....say someone wants to go on vacation to Puerta Vallarta or something, can they just board a plane and go?....then just head north and take your chances, may be able to get across....who knows....

So an expired Conditional GC won't work to allow one to board a plane from the sounds of it....

[Harpa Timsah 13,258]

The benefit of SB1 as I see it is that it is done through the embassy like a visa appointment. No long petition times. It might not work, but worth a shot, or at least inquiring, I say.

Here is more on the SB1: http://travel.state.gov/content/visas/english/immigrate/types/returning-residents.html

See if you fulfill the requirements.

[RhettVoe 282]

a person seeking an SB-1 has to prove that their prolonged absence from the US was for reasons beyond their control, which usually means they themselves were in a coma or chained to a wall .... otherwise there was no reason why this person could not have returned,...there was nothing physically stopping them. That is usually the difference....merely preferring to remain outside the side for some emotional reason is rarely, if ever, sufficient grounds for approval.

[VisaVee2k13 0]

I have spoken with a couple of attorneys about my case, and both seemed to favor going with the I-30 as opposed to the SB-1 visa....one atty told me that the SB-1 would take just about as much time as the I-130 process would (I found this hard to believe, assuming the requirements wold be met i.e. staying outside the US due to reasons out of your control).....

One of the atty's also told me for my case, since my spouse had not broken any laws (just failed to get the concidions removed, and was not even here in US so technically was not here unlawfully after conditional GC expired), doing the I-130 would be simple enough.....so he claimed that he can do the I-130 for me and it would not take that long at all, that within a few weeks we would get a 'notice'' (don't know what notice that would be)....normal time frame for I-130 is about a year, I don't know if I can get that expedited though, to make it go much faster, due to my case.....