Jump to content
K&E2009

Former Green Card holder - New application

 Share

15 posts in this topic

Recommended Posts

Filed: Other Country: Ireland
Timeline

Can't believe I'm back here... 

 

So, I went through the K-1 visa process previously. 

Temp green card was approved and received.

Permanent green card was approved BUT, we moved back to Ireland before I received it in the mail - I assume it was returned to sender. 

 

We have been living in Ireland for the last 2.5 years ( we relocated due to work). 

 

Anyway..... we're thinking of going back to the U.S. We have since had a child who has his US passport and SSN - so no problems there. I am the problem :jest:

 

My question; do I have to start from scratch? Will there be any issues as a previous GC holder?  Any fast track that can be done (previous GC holder, spouse and child are USCs etc.)

 

Just to note; I have been back to the US since leaving. No problems at immigration, so I'm hoping I don't have a bad mark in my file :mellow:

 

Thanks!

K-1 Visa Journey
08/05/2011 I-129F sent
08/09/2011 I-129F recieved and signed for by C.Viella @ Lewisville, TX
08/11/2011 NOA1 email recieved
08/12/2011 Cheque cashed by USCIS
08/16/2011 NOA1 Hard Copy recieved
12/05/2011 NOA2 Email recieved: Approved
12/09/2011 NOA2 Hard Copy recieved: Approved
01/10/2012 Medical
01/24/2012 NVC received File
01/26/2012 NVC transferred to Embassy
02/06/2012 Embassy Received
02/08/2012 Packet 3 Received
02/16/2012 Packet 3 Sent back to Embassy
02/17/2012 Embassy Received
03/01/2012 Packet 4 Received
03/13/2012 Interview Date: APPROVED
04/05/2012 POE: Dublin, Ireland

Your I-129f was approved in 116 days from your NOA1 date.
Your interview took 215 days from your I-129F NOA1 date.

04/25/2012 AOS sent
04/30/2012 AOS Received and signed for by CHYBA @ Chicago, IL
05/03/2012 Cheque cashed by USCIS
05/04/2012 Biometrics letter sent
05/29/2012 I-485 transferred to CSC
06/01/2012 Biometrics appointment
07/06/2012 EAD+AP Card Production (68 days)
07/14/2012 EAD+AP Card Received

04/18/2013 Filed for EAD+AP renewal
04/19/2013 Contacted Congressman
04/19/2013 RFE for form I-693
05/06/2013 RFE response under review
05/21/2013 AOS APPROVED!
05/25/2013 Green Card IN HAND!

Your AOS was approved in 392 days from your send-date.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Argentina
Timeline

you start over, from scratch, no pass, the process will take a year more or less, maybe more

 

but you will need to put your SSN and your GC A-Number on the forms that require it, since those are given for life

 

 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Did you file the I 407?

“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.”

Link to comment
Share on other sites

Filed: Other Country: Ireland
Timeline

I did not file the i407. Why? 

K-1 Visa Journey
08/05/2011 I-129F sent
08/09/2011 I-129F recieved and signed for by C.Viella @ Lewisville, TX
08/11/2011 NOA1 email recieved
08/12/2011 Cheque cashed by USCIS
08/16/2011 NOA1 Hard Copy recieved
12/05/2011 NOA2 Email recieved: Approved
12/09/2011 NOA2 Hard Copy recieved: Approved
01/10/2012 Medical
01/24/2012 NVC received File
01/26/2012 NVC transferred to Embassy
02/06/2012 Embassy Received
02/08/2012 Packet 3 Received
02/16/2012 Packet 3 Sent back to Embassy
02/17/2012 Embassy Received
03/01/2012 Packet 4 Received
03/13/2012 Interview Date: APPROVED
04/05/2012 POE: Dublin, Ireland

Your I-129f was approved in 116 days from your NOA1 date.
Your interview took 215 days from your I-129F NOA1 date.

04/25/2012 AOS sent
04/30/2012 AOS Received and signed for by CHYBA @ Chicago, IL
05/03/2012 Cheque cashed by USCIS
05/04/2012 Biometrics letter sent
05/29/2012 I-485 transferred to CSC
06/01/2012 Biometrics appointment
07/06/2012 EAD+AP Card Production (68 days)
07/14/2012 EAD+AP Card Received

04/18/2013 Filed for EAD+AP renewal
04/19/2013 Contacted Congressman
04/19/2013 RFE for form I-693
05/06/2013 RFE response under review
05/21/2013 AOS APPROVED!
05/25/2013 Green Card IN HAND!

Your AOS was approved in 392 days from your send-date.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline
11 minutes ago, Widsy97 said:

I did not file the i407. Why? 

To formally abandon your PR status.

 

Have you been filing taxes?

“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.”

Link to comment
Share on other sites

Filed: Other Country: Ireland
Timeline

Yes, we (my USC spouse and I) file jointly through turbotax every year. 

K-1 Visa Journey
08/05/2011 I-129F sent
08/09/2011 I-129F recieved and signed for by C.Viella @ Lewisville, TX
08/11/2011 NOA1 email recieved
08/12/2011 Cheque cashed by USCIS
08/16/2011 NOA1 Hard Copy recieved
12/05/2011 NOA2 Email recieved: Approved
12/09/2011 NOA2 Hard Copy recieved: Approved
01/10/2012 Medical
01/24/2012 NVC received File
01/26/2012 NVC transferred to Embassy
02/06/2012 Embassy Received
02/08/2012 Packet 3 Received
02/16/2012 Packet 3 Sent back to Embassy
02/17/2012 Embassy Received
03/01/2012 Packet 4 Received
03/13/2012 Interview Date: APPROVED
04/05/2012 POE: Dublin, Ireland

Your I-129f was approved in 116 days from your NOA1 date.
Your interview took 215 days from your I-129F NOA1 date.

04/25/2012 AOS sent
04/30/2012 AOS Received and signed for by CHYBA @ Chicago, IL
05/03/2012 Cheque cashed by USCIS
05/04/2012 Biometrics letter sent
05/29/2012 I-485 transferred to CSC
06/01/2012 Biometrics appointment
07/06/2012 EAD+AP Card Production (68 days)
07/14/2012 EAD+AP Card Received

04/18/2013 Filed for EAD+AP renewal
04/19/2013 Contacted Congressman
04/19/2013 RFE for form I-693
05/06/2013 RFE response under review
05/21/2013 AOS APPROVED!
05/25/2013 Green Card IN HAND!

Your AOS was approved in 392 days from your send-date.

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
1 hour ago, Widsy97 said:

Can't believe I'm back here... 

 

So, I went through the K-1 visa process previously. 

Temp green card was approved and received.

Permanent green card was approved BUT, we moved back to Ireland before I received it in the mail - I assume it was returned to sender. 

 

We have been living in Ireland for the last 2.5 years ( we relocated due to work). 

 

Anyway..... we're thinking of going back to the U.S. We have since had a child who has his US passport and SSN - so no problems there. I am the problem :jest:

 

My question; do I have to start from scratch? Will there be any issues as a previous GC holder?  Any fast track that can be done (previous GC holder, spouse and child are USCs etc.)

 

Just to note; I have been back to the US since leaving. No problems at immigration, so I'm hoping I don't have a bad mark in my file :mellow:

 

Thanks!

I would look at SB-1.  You may be outside the window, but since it appears you tried to maintain ties to the US via tax filings etc...  It would be the quickest way if you are eligible

YMMV

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Tax filing does not by itself maintain residency.

 

Now why you would want to file US taxes when you are non resident is another issue.

 

“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.”

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline

Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you:

  • Had the status of a lawful permanent resident at the time of departure from the United States;
  • Departed from the United States with the intention of returning and have not abandoned this intention; and
  • Are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

Filed: Other Country: Saudi Arabia
Timeline
22 hours ago, Widsy97 said:

Can't believe I'm back here... 

 

So, I went through the K-1 visa process previously. 

Temp green card was approved and received.

Permanent green card was approved BUT, we moved back to Ireland before I received it in the mail - I assume it was returned to sender. 

 

We have been living in Ireland for the last 2.5 years ( we relocated due to work). 

 

Anyway..... we're thinking of going back to the U.S. We have since had a child who has his US passport and SSN - so no problems there. I am the problem :jest:

 

My question; do I have to start from scratch? Will there be any issues as a previous GC holder?  Any fast track that can be done (previous GC holder, spouse and child are USCs etc.)

 

Just to note; I have been back to the US since leaving. No problems at immigration, so I'm hoping I don't have a bad mark in my file :mellow:

 

Thanks!

 I DCF filed for my wife (same reasons) back in 2011.  Being a previous green card holder was not an issue.  They never blinked.

 

With that said:  We left again and just suffered through the SB1 application process.  One of the things the embassy asks you to turn in when you file for resident status determination is your green card.  Since you never received it that might be a bit of a problem.

 

I would suggest, assuming he has the assets or income for the affidavit of support, filing an application to determine resident status, talking to the embassy about your case, and getting a ruling from them.  You need lots of proof of ties - property and assets in the US, that go with the application.  The burden of proof is pretty high.  One thing that helped us is though it was expired, we did get a travel document before we left and having one helps demonstrate that you intended to return. 

 

After you read through the requirements for the application, and if you don't think you have a strong enough case, your only other option is to start over.  I don't know if you can DCF in Ireland or not, but if you can it's much quicker to file the I130 with the embassy than to file it to the lockbox back to the US.

 

Expats returning to the US from overseas either need to demonstrate that they are returning to work for their same company, enough liquid assets for 3X the 125% poverty level for your household size, or a co-sponsor in the US. 

 

I do not know your situation.  The very best thing would be if your husband is working in Ireland for a US company and returning back to the US for the same company.  I believe in that case you have a pretty good chance at an SB-1.  If not, and you guys did not maintain a residence in the US, it will be a very tough uphill climb. 

 

https://eforms.state.gov/Forms/ds117.PDF

 

Take a look, talk if over.  In our case my wife did NOT deal with the embassy at all.  I did, and I laid out my case back and forth by email and let the IV office advise me what to do.

 

 

 

 

 

Link to comment
Share on other sites

Filed: Other Country: Saudi Arabia
Timeline
15 hours ago, Boiler said:

Tax filing does not by itself maintain residency.

 

Now why you would want to file US taxes when you are non resident is another issue.

 

Usually when you make less than $100k and owe nothing anyway you are pretty cheerful about filing taxes.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline
1 minute ago, Nitas_man said:

Usually when you make less than $100k and owe nothing anyway you are pretty cheerful about filing taxes.

I thought Saudi for example did not have Income Tax?

“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.”

Link to comment
Share on other sites

Filed: Other Country: Ireland
Timeline

Thanks for all the great replies. Very helpful!

 

Just checked, Ireland does not do DCF. So that's out.

Don't think we would qualify for SB1. 

Regular filing of I-130 looks most likely if we pursue it. 

 

We don't make over $100k combined, so nothing to worry about on the tax front :jest:

 

It's my wife that is the USC. 

 

In relation to this; Expats returning to the US from overseas either need to demonstrate that they are returning to work for their same company, enough liquid assets for 3X the 125% poverty level for your household size, or a co-sponsor in the US. 

 

I think 3x the 125% poverty line is a crazy requirement! But I don't make the rules, so it is what it is. 

I think my father-in-law would be happy to sponsor us. 

 

I (the non resident alien) work for an international financial services company. I may look into a transfer to the US w/visa, see what options (if any) there are.

 

Moving to Ireland for her was so much easier!! She was fully legal and had a job within 2 weeks, and it was free! 

 

Why are we considering this again!?! :wacko::wacko:

Edited by Widsy97

K-1 Visa Journey
08/05/2011 I-129F sent
08/09/2011 I-129F recieved and signed for by C.Viella @ Lewisville, TX
08/11/2011 NOA1 email recieved
08/12/2011 Cheque cashed by USCIS
08/16/2011 NOA1 Hard Copy recieved
12/05/2011 NOA2 Email recieved: Approved
12/09/2011 NOA2 Hard Copy recieved: Approved
01/10/2012 Medical
01/24/2012 NVC received File
01/26/2012 NVC transferred to Embassy
02/06/2012 Embassy Received
02/08/2012 Packet 3 Received
02/16/2012 Packet 3 Sent back to Embassy
02/17/2012 Embassy Received
03/01/2012 Packet 4 Received
03/13/2012 Interview Date: APPROVED
04/05/2012 POE: Dublin, Ireland

Your I-129f was approved in 116 days from your NOA1 date.
Your interview took 215 days from your I-129F NOA1 date.

04/25/2012 AOS sent
04/30/2012 AOS Received and signed for by CHYBA @ Chicago, IL
05/03/2012 Cheque cashed by USCIS
05/04/2012 Biometrics letter sent
05/29/2012 I-485 transferred to CSC
06/01/2012 Biometrics appointment
07/06/2012 EAD+AP Card Production (68 days)
07/14/2012 EAD+AP Card Received

04/18/2013 Filed for EAD+AP renewal
04/19/2013 Contacted Congressman
04/19/2013 RFE for form I-693
05/06/2013 RFE response under review
05/21/2013 AOS APPROVED!
05/25/2013 Green Card IN HAND!

Your AOS was approved in 392 days from your send-date.

Link to comment
Share on other sites

Filed: Other Country: Saudi Arabia
Timeline
36 minutes ago, Widsy97 said:

Thanks for all the great replies. Very helpful!

 

Just checked, Ireland does not do DCF. So that's out.

Don't think we would qualify for SB1. 

Regular filing of I-130 looks most likely if we pursue it. 

 

We don't make over $100k combined, so nothing to worry about on the tax front :jest:

 

It's my wife that is the USC. 

 

In relation to this; Expats returning to the US from overseas either need to demonstrate that they are returning to work for their same company, enough liquid assets for 3X the 125% poverty level for your household size, or a co-sponsor in the US. 

 

I think 3x the 125% poverty line is a crazy requirement! But I don't make the rules, so it is what it is. 

I think my father-in-law would be happy to sponsor us. 

 

I (the non resident alien) work for an international financial services company. I may look into a transfer to the US w/visa, see what options (if any) there are.

 

Moving to Ireland for her was so much easier!! She was fully legal and had a job within 2 weeks, and it was free! 

 

Why are we considering this again!?! :wacko::wacko:

Ireland is friggin beautiful.  I'm not sure why you are doing this either LOL but if that's what you want we're gonna help you if we can :lol:

 

Sorry about the confusion on the USC thing.  My bad.  That 3X rule lets you sponsor your spouse without a job in the US.  Since this might take awhile - if she can return first and get things set up and start working that's option 3.  I suspect you guys wouldn't like being separated (I wouldn't) but it avoids asking someone to co-sponsor.  Either way - best of luck!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...