Abandoned Green Card - Re-filing and want to triple check

[blanche 2]

Hello. First time posting here but really glad to have found this group.

I am a US citizen living in Israel for the past 6 years. My husband is an Israeli citizen who lived with me in America for 13 years under his green card, obtained from marriage with me. He never applied for citizenship while we were there (yes, mistake, we know now).

We came here 6 years ago, not knowing our plans, and ended up not being able to go back because we have no money. We also never applied for his US citizenship because we never had money. So, now we want to go back and are getting help from his parents and my parents to do so. We have been to the US consulate in Jerusalem and they told us he has abandoned his status and needs to re-apply for a green card.

I just want to be sure we are doing the right thing and there is no other option. We have no health, death, etc reason for him staying here for so long and they certainly don't want to hear that you don't have the money to go back. As far as I know, there are no special exceptions that will let him re-enter without me doing this I-130 all over again. I guess I'm just looking for re-assurance that this is the right way to go.

I have the check for $420 ready and the forms for I-130 and the documents. I feel we are ready to go ahead and put this in the mail to get this all started (again! after 19 years marriage and now a little boy).... There is no consulate for Israel to send our file to so it has to go to the Chicago lockbox as far as I can see, according to the DHS website.

Any words of wisdom for us? Any chance we'll get approved quickly since he actually already HAD a green card for more than 10 years?! I doubt it but have to see what you all might think.

Thank you so much.
Blanche and Guy in Israel

[teeak 224]

Hi,

Yep, unfortunately, he will have to re-apply for a green card since he was out of the country for a very long time and without a dire reason or circumstance.

I believe petitions sent from abroad are usually unofficially expedited so hopefully you'll get an approval quickly.

Best of luck!

[milimelo 4,477]

What they told you is correct - you get to start all over with his immigration to the US.

[tidanukaji 0]

If your husband is not qualified for Returning Resident Visas, then you have to do the whole process again.

One of my friend obtained her GC again by acquiring returning resident status after being absent from the U.S. for 4 years to take care of her mother who was ill. She had a daughter (USC) with her when she left the U.S.. When she decided to return to the U.S. so her daughter can go to a school in the U.S., she faced the similar situation of her GC being cancelled. She contacted the U.S. consulate in her home country and explained her situation and they suggested her to apply for the Returning Resident Visas. If your husband was not even suggested with this option, then I would assume his situation for being away from the U.S. did not qualify for this process.

Others that I know who had to leave the U.S. for a while because of their USC spouse got a job abroad (not government or military) had to go through the whole process from I-130. They were shocked but were told by the consulate that accepting a job abroad does not fall under "reasons beyond their control".

Good luck.

[blanche 2]

Thanks for your replies, I appreciate the feedback. Yes, it was a shock to us when he was told he had to start the process all over again. In fact, I remember walking out of the consulate in Jerusalem pretty much holding back the tears til we got to the car. Frustrating since we've been together for so long but whatcha gonna do? Bureaucracy has to work as it does I suppose. Hopefully all will go smoothly in the months ahead. Fingers crossed, like all of you facing the same challenges.