IR-1 second time

[StellaMaries 5]

Hi everyone here in VJ!

Im new here.

Pls let me try to summarize my case.

I was petitioned by my USC husband with the help of an immigration lawyer and was approved last Sept 2006. We stayed in the US until April 2008. I went to Guam early 2009 for a vacation. Me, my husband and daughter came back to the my country and got pregnant and gave birth 2009. I know I lost my LPR status for staying outside the US for 7 years. Now my husband and eldest daughter is back in the states few months ago. We want to permanently stay this time in the US. We know I cant be qualified for SB-1 visa. So we want to file for a new IR1 visa for me. I have few questions, please help.

1. Should I file I-407 first and surrender my I-551?

2. Where do we file the I-130, CSC or Phoenix lockbox?

3. What AOS should we use? My husband didn't file any tax report since absence in the US in 2008, he just started with his job last July. Is it okay to get joint sponsor, just to make sure?

Thank you in advance for all the inputs! It will be greatly appreciated.

[B and H 18]

Yes, you probably should turn in your I-551. The I-407 instructions make it sound like if you don't fill one out, they will fill one out for you. If that's the case, filling one out yourself would give the opportunity to explain the circumstances.

Phoenix lockbox, if your husband lives in California.

You and your husband will need to get your tax situation straightened out even if you use a joint sponsor. File at least the last three years or be prepared to explain why you didn't need to file.

[StellaMaries 5]

Thank you for you advice B and H.

In addition, I tried to go back last month but I was immediately denied by the airline upon entry.

Upon surrendering my gc, should I be honest and tell them that and I would like to apply for a new one? I saw the I-407 form and the part before the signature states that by signing I declare that I have no intention to reside in the states and it contradicts coz I want to go back with my youngest daughter to live permanently this time around.

[StellaMaries 5]

Update:

I had already surrendered my I-115, filed for I-407, and I-130.

Now our dilemma right now, what to do if my husband wasn't able to file for ITR for the last 3 years since he was abroad with me. He is now back in the US and was working since July.

We know for a fact that we need to submit his recent 3 years ITR together with I-864. So he could provide a employment certification but not the ITR. So my question is what do we need to do. My aunt ia willing to co sponsor but would thia be enough so as not to create delay?

[mallafri76 1,012]

You can back file the taxes. You know as an LPR, you're also required to file taxes. You can file your taxes jointly but you need to have them filed before you can get the IR-1.