Working in Japan for 15 months. Stopped by immigration after 6 months outside US.

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4 hours ago, Barry Krebs said:

If you and your wife are out for more a long period of time (over six months but definitely over a year), you have three options:  

 

• Formally abandon her green card at a US Consulate by filing USCIS form I-407, and starting the process again.  If you have been married over two years with her, she would likely get a permanent card, not a conditional one.  I caution on you on this option because you are married to her, she will revert back to non-immigrant.  Since she lived in the US, the DHS does not have to let her back in, and they don't need a reason.  The other problem you'll face is that getting another card for her is virtually impossible now.  And the costs are extremely expensive.  Not only that, but you'll have to have a job and a domicile in the US.  The Trump administration is encouraging enforcement, not for people to move to the US.  ICE's presence is certainly well known now.
• Have her get a returning resident permit-though this has to be done before you depart the US.
• Have her apply for a Returning Resident Visa (SB-1) at a US consulate.  You'll need lots of documentation to show reasons why she was out so long and that she and you have demonstrated ties to the US (ie home, a job to, US tax returns, etc).  The advantage here is that if she qualifies, she only has to go through the actual process without you formally petitioning for her again.  But it will still be up to DHS to let her back into the US and that she will formally have to update her card.  But since her card is conditional, get legal advise on how to formally proceed with either this or any of the above that I just suggested to you.  Good luck.

I think we're at the stage that she will stay here and apply for a re-entry permit and she will stay here until it's approved.

 

You're right about the current situation for immigration. The Trump administration doesn't want people coming here and the current situation is very scary for us, especially since it has changed so quickly right after we went to Japan. 

 

But I thought if she surrendered her green card at a consulate, it doesn't count as a deportation and I can bring her over on a k2 visa (or K3, I get those 2 mixed up) and then apply for her Green card... But that's like a 2 year process again...

 

So she won't go back now and we're going to consult with a lawyer ASAP and discuss how to be safest and try to bring her back to Japan with as little risk as possible, if it's even possible. Hopefully it's understandable that we don't wish to be a part. I'll also see if my company has any legal resources, but they likely won't on the US part since her green card is our problem.

 

Fortunately I do have plenty of documentation that shows our trip is temporary and we've been maintaining ties to the US and paying income tax in the USA, and that in all honesty, she really can't ever establish a life inside Japan with the residence card she has, she has no bank account in Japan or credit cards in Japan and full time employment is impossible. But obviously, we don't want to ever make it in front of a judge and have to explain our situation and how it is only temporary. Heck, I'm still an employee of my US company and my contract specifically says I'm not the same as a Japanese employee. It's just a long business trip.

[Jojo92122 1,924]

The K2 is for the child of a K1, the fiancee of a USC petitioner.

 

There were only a handful of K3 issued last year.  The K3 requires concurrent filing for a spousal visa.  Once the spousal visa reaches the NVC, the K3 route is administratively closed.  Essentially, don't count on the K3 because 99.999% end up with having to go with a CR1/IR1 spousal visa.