Spouse with abandoned green card

[Kimsywimsy62 0]

Dear all who may help,

My dilemma is this. I have been married for 34 years to a British national. The nature of his work was such that he has spent the majority of his working life overseas. Ten years ago we applied for a green card for him because we thought he may be able to work and live in the States. He received the green card through sponsorship of my brother in law. The nature of his expertise meant that he couldn’t find suitable employment here in the States and so we went to the Middle East. During this time, we paid US taxes but due to an oversight on our irresponsible parts, his green card lapsed and subsequently was abandoned. 

We have now returned to the states under a non immigrant visa valid for ten years. My husband is now 80 years old and wishes to settle here to be close to our children. We no longer have a home here and would be financially dependent on our children to help us until I find work. My husband is very very nervous that he may be denied a green card and would subsequently be denied entry on his ten year visa. 

Can anyone help us through this confusing maze?

Thank you

[Redheadguy03 505]

23 minutes ago, Kimsywimsy62 said:

Dear all who may help,

My dilemma is this. I have been married for 34 years to a British national. The nature of his work was such that he has spent the majority of his working life overseas. Ten years ago we applied for a green card for him because we thought he may be able to work and live in the States. He received the green card through sponsorship of my brother in law. The nature of his expertise meant that he couldn’t find suitable employment here in the States and so we went to the Middle East. During this time, we paid US taxes but due to an oversight on our irresponsible parts, his green card lapsed and subsequently was abandoned. 

We have now returned to the states under a non immigrant visa valid for ten years. My husband is now 80 years old and wishes to settle here to be close to our children. We no longer have a home here and would be financially dependent on our children to help us until I find work. My husband is very very nervous that he may be denied a green card and would subsequently be denied entry on his ten year visa. 

Can anyone help us through this confusing maze?

Thank you

I'm a little confused, is he in the United States or not? He'll need a cosponsor, but have you considered the medical costs? At that age medical costs can be very expensive. Also, you said an oversight the green card lapsed, if you were out of the United States more than a year then you would have probably gotten it revoked anyway, as he wasn't residing in the United States and that's what a green card is for. It's not a glorified tourist visa, which people seem to think it is. If he isn't in the United States and applies for a green card, then tries to enter on a non immigrant visa it might raise red flags since he had a green card before. He may get denied entry, but it's never 100 percent either way, only citizens are guaranteed entry. 

[SusieQQQ 11,586]

2 hours ago, Kimsywimsy62 said:

Dear all who may help,

My dilemma is this. I have been married for 34 years to a British national. The nature of his work was such that he has spent the majority of his working life overseas. Ten years ago we applied for a green card for him because we thought he may be able to work and live in the States. He received the green card through sponsorship of my brother in law. The nature of his expertise meant that he couldn’t find suitable employment here in the States and so we went to the Middle East. During this time, we paid US taxes but due to an oversight on our irresponsible parts, his green card lapsed and subsequently was abandoned. 

We have now returned to the states under a non immigrant visa valid for ten years. My husband is now 80 years old and wishes to settle here to be close to our children. We no longer have a home here and would be financially dependent on our children to help us until I find work. My husband is very very nervous that he may be denied a green card and would subsequently be denied entry on his ten year visa. 

Can anyone help us through this confusing maze?

Thank you

You say settle o be close to your children - are any of his children citizens? If so they can sponsor him for a green card as an immediate relative and he can adjust status. Or so can you actually, assuming you are a USC (you don't mention that explicitly but it seems implied). Unless he has a criminal record for a "crime of moral turpitude" (bad stuff), he won't be denied a green card application as long as someone is able to sponsor him. Allowing a previous green card to lapse is not grounds for denial.

Edited June 14, 2018 by SusieQQQ

[Kimsywimsy62 0]

Our children are all born and live in the US. Can I begin the process if I live temporarily abroad? Also, does applying for a new green card put his current 10 year visa in jeopardy?

[SusieQQQ 11,586]

5 hours ago, Kimsywimsy62 said:

Our children are all born and live in the US. Can I begin the process if I live temporarily abroad? Also, does applying for a new green card put his current 10 year visa in jeopardy?

It’s not quicker if you do it and possibly easier if the children do. You can begin now but you’d need to show intent to reestablish domicile at interview stage, which obviously you do plan to do but it adds extra complexity. If he’s currently in the US and doesn’t need to leave in the next few months, one of the kids or you should immediately file i130 and a concurrent application to adjust status as well as apply for advance parole. Once he has received the advance parole he can travel freely.

 

Generally, someone with an existing visa won’t have a problem keeping and using it to visit while an I130 is in progress.  For your husband this would assume he doesn’t adjust status and continues to live overseas until his immigrant visa interview at a consulate in his country of residence.

Edited June 14, 2018 by SusieQQQ

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to What Visa Do I Need - Family Based Immigration forum.

[Boiler 45,558]

Definitely look into the medical issues.

[Nitas_man 3,100]

On ‎6‎/‎14‎/‎2018 at 2:32 AM, Kimsywimsy62 said:

Dear all who may help,

My dilemma is this. I have been married for 34 years to a British national. The nature of his work was such that he has spent the majority of his working life overseas. Ten years ago we applied for a green card for him because we thought he may be able to work and live in the States. He received the green card through sponsorship of my brother in law. The nature of his expertise meant that he couldn’t find suitable employment here in the States and so we went to the Middle East. During this time, we paid US taxes but due to an oversight on our irresponsible parts, his green card lapsed and subsequently was abandoned. 

We have now returned to the states under a non immigrant visa valid for ten years. My husband is now 80 years old and wishes to settle here to be close to our children. We no longer have a home here and would be financially dependent on our children to help us until I find work. My husband is very very nervous that he may be denied a green card and would subsequently be denied entry on his ten year visa. 

Can anyone help us through this confusing maze?

Thank you

 

After a few years in the middle east and assuming your assets are joint I would assume you could petition and sponsor him on assets alone.  That's what I did when we decided to move back to the US.

 

Medical insurance and medical care is insanely expensive but only you know your own personal situation.  As to the B visa yes it is possible (maybe likely) they'll cancel it when/if he shows intent to immigrate. Had you or he expressed desire to immigrate at entry it would have been cancelled anyway.  Best of luck.

Edited June 15, 2018 by Nitas_man

[SusieQQQ 11,586]

5 hours ago, Nitas_man said:

 

As to the B visa yes it is possible (maybe likely) they'll cancel it when/if he shows intent to immigrate. Had you or he expressed desire to immigrate at entry it would have been cancelled anyway.  

Less likely with him being a British national imo. Not only was mine not cancelled, I even got a B visa renewed while I had an i130 in progress. If there’s clearly no intent to misuse it it’s not an issue. Of course we don’t know OP’s entire circumstance but if it was going to be used to shortcut immigration that could have been done already.

[Nitas_man 3,100]

3 hours ago, SusieQQQ said:

Less likely with him being a British national imo. Not only was mine not cancelled, I even got a B visa renewed while I had an i130 in progress. If there’s clearly no intent to misuse it it’s not an issue. Of course we don’t know OP’s entire circumstance but if it was going to be used to shortcut immigration that could have been done already.

It's a benefit (British citizenship).  Hence the (maybe).  But it is possible.  I suspect that in your situation you were probably gainfully employed or attending school and still had strong ties to your home country that someone with no job, advanced age, and children in the US wouldn't be able to demonstrate. 

[Kimsywimsy62 0]

9 hours ago, Nitas_man said:

It's a benefit (British citizenship).  Hence the (maybe).  But it is possible.  I suspect that in your situation you were probably gainfully employed or attending school and still had strong ties to your home country that someone with no job, advanced age, and children in the US wouldn't be able to demonstrate. 

Hi, our situation is so unique...our children range in age from 34 down to 20. My husband is an urban planner with expertise in developing countries not countries like the States. Too late did we realize after many years of trying to get everyone through life that it would be so hard. Our number one concern is not having his current visa canceled if he simply comes in and then departs for a brief period and re-enters. 

[Nitas_man 3,100]

12 minutes ago, Kimsywimsy62 said:

Hi, our situation is so unique...our children range in age from 34 down to 20. My husband is an urban planner with expertise in developing countries not countries like the States. Too late did we realize after many years of trying to get everyone through life that it would be so hard. Our number one concern is not having his current visa canceled if he simply comes in and then departs for a brief period and re-enters. 

I feel your pain.  We abandoned a green card.  I re-petitioned and had to repeat the process.  There was no way my wife was getting a visitor visa so we waited it out abroad.  Where is "home" for you guys?  UK?  The ME is permanent home for nobody.  Everyone eventually has to leave. 

Is it possible for you to demonstrate UK residency and DCF your husband through London?

[NikLR 13,227]

Where exactly in the world are you and your husband RIGHT now?

[Boiler 45,558]

Your first and last post seems to contradict each other.