Immigration

[Dutch1969 1]

Greetings all,

 

i lived in the USA from 2002 - 2015 on a GreenCard. I got divorced in 2013.

 

met a awesome female (US citizen), we lived together from 2010 - 2015. In 2012 we got engaged. Her son (previous marriage) wanted to move here after visiting in 2014.

 

so we moved. Now I know he has difficulties with tha language (has extra help at school), but also my fiancé has difficulties settling.

 

we are now considering to move back to the good old USA. But what would be the best way to go? We are engaged and consider to marry in the USA, but if need to, we can do that here also.

 

what would be the best Visa to apply for and ofcourse not the expensive route!!

 

k-1

K-3

IR-1 - RC-1

 

tgank you for your help in this

[JFH 12,190]

*~*~*moved from "IR-1/CR-1 spouse visa progress reports" to "what visa do I need" as OP is considering his options*~*~*

[JFH 12,190]

The K-3 is as good as obsolete so I wouldn't even think about that option,

 

Only you and your family can decide which visa is right for you as each one has pros and cons for you and yours.

 

In my opinion, since you're living together already, I'd get married (anywhere you want - your home town, a beach in the Bahamas, a cruise ship, etc, etc) and go for the CR-1 if I were you. 

 

The K-1 is ideal for people from countries that cannot visit the USA easily and who have no other option to be together. The disadvantages of the K-1 are huge, you cannot work for many months after your arrival, you cannot travel internationally for many months after your arrival either and, depending on your state of residence, cannot drive. How will you afford this? Would you be able to stop going completely insane not being able you work for months? How difficult would it be to get back into your field of work after being out of work for months? The K-1 is also more expensive. So these disadvantages are worth it for folks whose B-2 visa are repeatedly denied and cannot come to the USA to even visit their boyfriends/girlfriends. If you were living apart now you would be able to visit easily under the VWP (I am assuming from your user name you are a Dutch citizen) so the 14-month processing time wouldn't be so unbearable. But those that can't visit opt for the K-1 for speed of processing and then spend up to a year here in limbo without any real status, waiting for their green card to be approved. Not a position I would want to be in, especially under the current administration.

 

For the CR-1 you can continue working where you are now until the day you leave and you can start work the minute you arrive in the USA. I had a gap of less than 2 weeks between leaving the U.K. and starting work here in the USA. Because I was working right away, I was able to get a car loan and a credit card within months of arriving. It also helped me settle, make friends and get into a routine. My employer provides healthcare so I had that within 2 weeks of arrival too. Plus I was earning right away so we didn't go through the "how can we pay our bills?" that many K-1 couples on one salary experience (search the forums here for many, many threads where people have essentially made the wrong choice). I think a working person living with their partner already would be out of their minds to consider a K-1. But you may have reasons why you want to do it.

 

I assume your partner has filed tax returns from overseas? If not, she will need to catch up with that. She will also need to prove she has taken steps to re-establish domicile in the USA before your visa can be granted if you go the CR-1 route. Applying for jobs and getting a place to live usually satisfies that requirement. 

Edited December 16, 2017 by JFH

[payxibka 10,045]

You may or may not qualify for an SB-1 as a returning resident since you said you have a grencard.  To much time may have elapsed as well as other factors to try and maintain your residency however to make you ineligible

Edited December 16, 2017 by payxibka

[-Trinity- 513]

Are you from the Netherlands? Me too.

What did you do with your previous green card? Also you say you lived together from 2012-2015? What happened with the other two years?

Personally I would choose the CR-1. That way you can keep your job and health insurance until you move to the USA.

 

Good luck

Edited December 16, 2017 by Beachlover

[Dutch1969 1]

1 hour ago, Beachlover said:

Are you from the Netherlands? Me too.

What did you do with your previous green card? Also you say you lived together from 2012-2015? What happened with the other two years?

Personally I would choose the CR-1. That way you can keep your job and health insurance until you move to the USA.

 

Good luck

Hello Beachlover,

My GreenCard expired in the meantime and  when that occured, we had not eventhought to move back to the USA. I met my (now) Fiance in 2009. In 2010 I picked her and her littleone up from Oklahoma, we drove to Wa, where we lived till we moved (all 3 of us) in November 2015 to the Netherlands. 

[payxibka 10,045]

Your greencard expiring does not mean you have lost your status as a resident.  Other action or inaction on your part however will

[caliliving 606]

you may still have your greencard. the expiration means nothing.  i think you would need to go back to the usa as a visitor and see what they do with you.  depending on when in 2015 it may not be enough time where you gave up residency. i think you can defintely still save it which would save you time/money.  

[JoannaV 174]

When did it expire? Have you visited the US since you moved back to the Netherlands, and if so how did you enter?

[JFH 12,190]

I wouldn't bother with an SB-1 - for that he would need to demonstrate he was out of the USA due to circumstances beyond his control. That's not going to happen. 

[Dutch1969 1]

22 hours ago, payxibka said:

Your greencard expiring does not mean you have lost your status as a resident.  Other action or inaction on your part however will

I have not visited the USA after we left in November of 2015. Unfortunately my Permanent Resident Card expired on 11/10/2014

Edited December 17, 2017 by Dutch1969

[geowrian 22,337]

Expired card, abroad over 2 years without mitigating circumstances requiring them to stay, and having established residence elsewhere makes just returning as an LPR quite difficult.

Edited December 17, 2017 by geowrian

[SusieQQQ 11,586]

20 hours ago, caliliving said:

you may still have your greencard. the expiration means nothing.  i think you would need to go back to the usa as a visitor and see what they do with you.  depending on when in 2015 it may not be enough time where you gave up residency. i think you can defintely still save it which would save you time/money.  

If he enters as a visitor it’s tantamount to abandoning LPR status, which he’s deemed to have done anyway due to the length of time he’s been out. Even if he left right at the end of 2015 it’s two years out the country vs 12 months being the deemed time period for not abandoning. He can’t travel on the green card because it’s expired, obviously. I can’t see a way in which your suggested course of action results in restoration of residency?

Edited December 17, 2017 by SusieQQQ

[Dutch1969 1]

Greetings to you all,


I married in 2001 a USC in the Netherlands. She filed for my K-3, which was finalized in May of 2002. I moved to the USA on May 2, 2002.
Unfortunately we seperated and got divorced in 2013.

 

As I moved in 2015 from USA to Netherlands with my fiance, we totally forgot about my GC, which is expired on 11/10/14. As we are considering to move back to the USA as our son (her previous marriage) can not get adjusted to the language and the way certain subjects are presented at school, we think it is of the best of his interest that we move back to the USA. Okay, not renewing my GC can be seen as aboandement of my GC. 

When I was looking through al my USCIS documents, I found a receipt dated 11/02/2007 I-90 Form: Application to Replace Permanent Resident Card.

 

When I look at my old card, it states:

Resident since: 10/21/2004

Card Expires:     11/10/2014

When you apply via a I-90 would the new card not have a new expiration date?

Thank you for your help in this.

Merry Christmas and all the Best Wishes to you and your loved ones.

[Ontarkie 14,230]

~~Related threads merged. Please do not start more then one thread for all related questions.~~