GreenCard holder Needing to Relocate back to the US

[HawaiiJ 1]

Hi, Looking for some advice and clarification. I'm writing this on my wife's bahalf and our situation.

We went through the Fiance Visa process in 2004-2005 with success. Within 8 months of entry she had her GC due to the process being expidited because I was in the military at the time and were were headed overseas. She was later granted the 10 year GC in 2008 and it will expire in 2018.

We are currently in Thailand and have just hit the 3 year mark of being out of the US with no return visit. We came here just live for a while and enjoy Thailand. Now the 3 years have passed and were not satisfied with the school options for the kids and want to return. That's when I discovered the issued of being out of the US for 1 year and the problems it causes with her overall status.

We need to undo/redo/rework whatever we have to to get her back now. Here are a few questions we have.

What's the best option? DS-117/SB-1 request? What's the time line for this? A complete REDO?

Do all consulates and Embassy's take the DS-117/SB-1 submittals?

Here are some of the other particulars about the situation.

From 2005-2008 we were out of the US with no return and upon our return we had no issues.

We were on Military orders, but at the POE (Atlanta) we were never asked anything and we never produced any documentation besides her GC and Passport to gain entry.

2008-2011 we spent in the US with no outside trips for her.

2011, we departed for Thailand and have been here as a family since then.

I have been in School (International University using my GI-Bill benefits) for 2 of the 3 years or we would have gone back before now.

She holds a Military Dependent ID Card/I'm retired USAF

We have maintained joint (both names) banking accounts, all credit cards during our 3 year absence.

She has a government issued State of Florida issued ID Card.

All the banking and credit cards are tied to the same/still valid address in in Florida (same as her FL ID Card)

She has not worked while in Thailand.

We have continued to file Joint Tax returns since we got married in 2005 with no breaks.

This mess is my doing, my initiative to moive to Thailand & my school keeping us here this long. I was totally unaware of the potential for the problems I have now because of our time spent in Italy and her absence of 3 years and her ease of return to the US.

What's my best course of action from the experts on visajourney?

Trying to determine if I need to bolt for the Embassy in Bangkok or will the consulate in Chiang Mai suffice to get the ball rolling?

Thanks, look forward to the support. Sorry for being long winded, just want as much info out as possible.

[Hypnos 6,576]

Her time spent abroad whilst you were stationed as part of US military service is considered as time spent on US soil. The issue is that, from your timeline, that ended in 2011. Since she has been gone from the US for three years then there is a presumption in law that she has abandoned her residency. You will likely not be able to overturn this presumption.

You have two choices:

(i) file for an SB-1 returning resident visa for her. The bar for these is very high, and the alien must demonstrate that not only was it their intention to return to the US after their temporary foreign travel, but also that circumstances beyond their control prevented this from occurring. Since you can't really demonstrate this, an SB-1 is unlikely to be granted.

(ii) begin the process from scratch, starting by filing an I-130. Since the US embassy in Thailand (Bangkok) has a USCIS field office, you may be able to file DCF, which will significantly shorten the processing time of her new immigrant visa. Theoretically she could receive it just a handful of months after applying. Normally it would be a year or so (at least) to receive her new immigrant visa, but with DCF it would probably not even be a third of that.

You may wish to check out the DCF board which contains further information on filing in this way: http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

[HawaiiJ 1]

I have a bad feeling we are back at the starting place with this process. I thought Thailand Immigration was difficult but now I wonder. Is the 10 year GC dead/revoked/suspended? Does that process reset as well? A complete "Do Not Pass Go, Do not collect $200" type situation ,new visa, Change of Status, 2 year GC, then 10 year CG?

If so, that seems rather ludicrious considering the flow of folks across the Southern US Border. After, we're married, live together, have kids and her GC expires 2018. Where's the common sense approach to this issue I have created on my own?

Thanks for the comments..

[Hypnos 6,576]

As an LPR she is entitled to a hearing in front of an immigration judge to determine whether she abandoned her residency; CBP do not have the power to revoke her green card unilaterally, they can only make recommendations to the judge. They can (and probably would) ask her to voluntarily relinquish her green card if she attempted to enter on it; if she refused then it's possible she would be held in ICE custody until her hearing in front of the immigration judge, but more likely she would just be paroled in.

At this point I think your chances of resurrecting her existing green card are essentially zero. A green card is for someone living in the US; if that person isn't living in the US then they aren't entitled to a green card.

You are fortunate to be living in a country that does DCF (most don't), meaning obtaining a new immigrant visa for her probably would not be laborious or complicated.

Since you've been married over two years then you would be applying for an IR-1 immigrant visa, which would automatically grant a 10 year unconditional green card upon first entry to the US. No Removal of Conditions (RoC) would be necessary.

Edited September 6, 2014 by Hypnos

[HawaiiJ 1]

From what I can tell, the 2 options are the SB-1 & I-130. I think the SB-1 (heard 3 monts to get an answer) is not wirth the time risk vs the chance of success. Feel we'll be going the I130 and we are headed to Bangkok tomorrow for visit to the USCIS Field Office in Bangkok for a DCF kickoff to the process. Tons of paper in tow and ready to go get in line to bring my wife to the US who has had/or has a GreenCard already. Very frustrating sequence of events I'm headed for.

[HawaiiJ 1]

After a lengthy discussion with USCIS personnel in Bangkok, we have made a decision to proceed with the I-130 submission via the DCF option here in Bangkok. We submitted yesterday about 1130am and had the I-130 Approval Letter in hand todat at 0930. The staff at the Bangkok USCIS office was helpful, accomodating (as much as possible based on existing laws) and the I-130 approval process in a timely manner.

In order to proceed with the I-130, the current and old Greencards were relinquished and the appropriate formal declaration giving up my wife's permanent resident status was completed.

The I-130 approved I-130 package will be at the US Embassy in Bangkok within 5 working days even though one can throw a rock from one building to the other-this is true they are that close.

So, hopefully within a week the I-130 package will be at the Embassy and hopefully received and a case number assigned and available. At that time, an expedite request will be submitted and I expect it to be approved.

With that given and the going in situation of my wife being a previous GC holder, having lived in the US previously and nothing negative record wise to create a processing problem.

Anyone care to guestimate the timeline we should expect under normal conditions (no expedite) and also under an expedite situation?

Would be interested to know what folks think.

Thanks,

[Hypnos 6,576]

Not even sure they expedite DCF cases (because they are usually so fast anyway), unless they already told you that they do.

I would guess ~1 - 3 months until the visa is in her hands.

Edited September 11, 2014 by Hypnos

[HawaiiJ 1]

I neglected to mention, I had the pleasure of giving up $420 USD to get the ball rolling on this process. What joy.

[aaron2020 11,651]

I neglected to mention, I had the pleasure of giving up $420 USD to get the ball rolling on this process. What joy.

Sorry about your situation. I get your frustration, but you could have avoided this situation entirely.

You are paying this fee because you messed up and didn't maintain your wife's LPR status.

The fee could have been avoided if you had done some research before moving to Thailand.

[HawaiiJ 1]

aaron2020,

Yes it could have been avoided, but we lived outside of the US for 3 years previously with no problems. So, I was lulled into a false understanding of the situation. In reality, anyone who thinks they can just revisit the US before a 12 month ticker (hoping to meet the requiremets to not be gone for more that 1 year) has passed is taking somewhat of a risk. There are no promises made from the relevant parties that a quick return is a guarantee to stay out of trouble.

If you think about my situation; gone from the US for 3 years, with wife with a green card (good till 2018) and 2 kids (US citizens) and I'm going to school and the cost of going to school is being paid for by the US Government, all my income is from the US Government, we pay US Taxes (Jointly), comply with the new FBAR requirements, majority of banking is US based along with credit cards being US based, I vote in Florida every election and we have Florida resident status. I think we have maintained ties to the US in my opinion and it's not like the US Government does not know where we are.

With the current Southern US Border situation, I think it is a joke that I have to redo and apply for a new visa for my wife. Just my opinion.

As for you comments, they don't contribute anything to this discussion thread at all. I admitted up front I made a mistake and certainly don't need or want you to chime in and poke me for your jollies. I looked at many of your posts, they have a recurring theme, you tend to be confrontational. I really don't need your opinion at this point.

Aaron2020, sometimes it's just better to move on, and not chime in on a discussion if you are not contributing to the discussion....get it?

What I can say about the process is it's wrong in my opinion there needs to be an avenue to undo an honest mistake when one can be validated. It makes no sense to have me redo the visa for her travel to the US. Why? There's nothing that my wife has done that would prevent her from gaining another visa like the one she obtained previously. The only purpose this serves is to delay our return, cost us money in a wasteful manner, put another case into the system and delay someone else who had no greencard. The point being, she'll get the visa, the greencard and we'll go back to the USA like we wanted only delayed a bit. It's just wasteful and what's wrong with the system. Again this is my opinion.

I do think I'm off to a good start with the I-130, less than 24 hours to get the Approval Letter in hand. I'll give the Embassy 5 working days like requested and start working the next stages of the process and be prepared when called.

[HawaiiJ 1]

BTW, Hypnos, I really appreaciate your helpful comments and feedback. It's what makes the VJ a great place.

[NikLR 13,227]

DCF is awesomely fast. I think you made the right choice. We have a DCF specific forum on VJ to help with any of that process, as well as the regional forums as each area can have some specific things that the embassy is looking for.So, welcome back to VJ and I hope your journey is a quick and relatively painless one.

Granted you already went through this process before but DCF presents it's own challenges.

[HawaiiJ 1]

We are in the process of gathering Packet 3 and scheduled an appointment for the medical exam. During the exam, my wife's history of TB was discussed.

She has active TB in 2002, received the 6 months of drugs regimen and was cleared of TB in 2002. We have x-rays during and after the 2002 TB episode. During the I-129 Visa process in 2004, she underwent the medical exam and the TB was discussed and annotated. Additional x-rays were taken and compared to the 2002 x-rays and it was clear no additional changes in terms of lung damage. On the I-129 interview day, we were told of a problem with the terms used on the medical report related to her TB history. So we scrambled back to the hospital, more x-rays, consult and the appropriate comments were made by the doctor and she was granted the I-129 visa in early 2005.

Upon entry to the US, she was directed to report to the Hawaii State TB Clinic for evaluation and x-rays. After a period of time she was cleared with no issues. Shortly thereafter, she was evaluated again, this time by the USAF doctors and cleared in terms of TB for a relocation to Italy.

During the medical exam this week, we were informed she had to undergo a new Sputum Test and evaluation prior to getting a medical exam report. So, 3 days of collection and an expected 10-weeks to let the Sputum grow and mature so the doctors can complete the medical report and stay within the rules given.

Keep in mind, we have treatment records and x-rays from all stages of the events (2002, 2004, 2005, 2014). The pulmonary specialist we had to see said clearly there was change in x-rays over the 12-year period and he was prepared to say she's all clear but he's not the "approved" doctor by the US Government and obviously not on board with the correct rules and regulations as the approved doctors might be.

I understand the approved doctors follow direction given by the US Government, but sometime things just don't pass a common sense test. In my opinion, there's zero room to vary off the checklist and the official information provided from the IV Section when asked is the TB guidance comes from the CDC and not USCIS or DoS.

So we are in a minimum 10-week hold for the completion of the Sputum test and results. Nothing we can do except standby, not gonna do any good to complain and there's nothing anyone can do at this point in the process but wait and be patient and respectful of the system.

You can google CDC, TB 2007 guidelines and read the details.

The delay gives me time to get the police reports from Italy which is proving difficult.