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JamieEmm Apprentice

JamieEmm   2

Posted
Filed: IR-1/CR-1 Visa Country: Australia
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Posted

I am a US Citizen, and have been married to an Australian for 12 years. In 2005, we moved to the USA from Australia. My husband had a green card with permanent residency granted to him based on our marriage (probably a K-3). In 2008 we moved back to Australia and have resided there ever since. Now we would like to move back. He never filed an I-407 when he left. He has re-entered the USA on a tourist visa a few times since we moved to Australia.

I submitted a message to support@ustraveldocs.com to find out if we need to file the I-407. I got a generic looking email that said:

Your husband may complete and lodge his Form I-407 any time now. For instructions on submitting a Form I-407, please refer to our website at: http://canberra.usembassy.gov/permanent_residents3.html#3

As the U.S. citizen spouse you must begin the immigration process for him by filing an I-130 petition on his behalf. (http://www.uscis.gov/green-card/after-green-card-granted)

I have looked at the I-407 form and it wants you to agree that you have no intention of residing permanently in the United States. I just don't understand how it's okay to sign a form saying that you have no intention of residing permanently in the USA as a prerequisite to applying to reside permanently in the USA.

Thoughts?

If that's what has to be done, we will do it. However, I am also wondering if I should (or have to) wait until the I-407 is processed before the I-130 is filed, or if I can send them off at the same time. From the email I got back from support@ustraveldocs.com it seems like I can do them at the same time, but I just don't want to do the wrong thing.

Thanks for your help!

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Boiler Grand Master

Boiler   45,545

Posted
Filed: K-1 Visa Country: Wales
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Posted

Why has he not already surrendered his GC? He left the US a long time ago.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Penguin_ie Grand Master

Penguin_ie   5,994

Posted
Filed: Citizen (apr) Country: Ireland
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Posted

He has abandoned his residency a long time ago, bu living abroad and by using a tourist visa. I wouldn;t bother with 407.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Boiler Grand Master

Boiler   45,545

Posted
Filed: K-1 Visa Country: Wales
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Posted

Time to catch up and clarify.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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