August 2018 I-130 & Spouse Visa/Green Card

[PhillR 0]

Can anyone provide advice/guidance please?

 

My wife/spouse is an American Citizen. We were married in 2008 under a Fiancé Visa and I then applied for and received my Green Card in 2009. In 2014 we needed to come back to the UK to help and look after my elderly mother who now had dementia and is in a secure nursing home.

 

We decided it was time to move back to the USA so we planned this. My wife left on 26th July, having given up her job here in the UK. She is taking the rest of the summer off and will find a job for September/October.

 

She needs to submit a petition for me again, as a spouse this time, so I have a few questions please>>>>

 

1. Can she submit an I-130 whilst being unemployed? We have assets (equity in our US property), or do I have to wait until she is employed, and is there any way around this?  I have assets in the UK too.

2. Does it help that I had a Green Card previously that I have to give up?

3. She has all her US tax filings so will these be enough?

4. What other forms need to be submitted along with the I-130 as well as the email notification form?

 

Thanks....... 

[Liam2021 587]

-First, from 2009-2014: why you not apply for N400?

-Second: you can take a look at SB1 visa since you have a valid reason. You can contact the US Embassy in London and they will help you.

-Thirst: if SB1 visa is not possible, the only option is file another i130, and yes she can submit it no matter what she's working or not( she will need a join-sponsor).

Edited July 31, 2018 by H&T

[Crazy Cat 42,320]

I think you have to apply for SB-1 before leaving the US, and they are valid for 2 years.

[PhillR 0]

Thanks for your reply H&T.

 

I did not apply for N400 because I was thinking of doing it a few years later.

 

When we left the USA I had to give up my Green Card as I was asked where I was living when I was travelling to/from the USA and when I said the UK, I have to give up my GreenCard. In any case we have been out of the US for over 3 years. Do you think I can apply for an SB1 visa? Should i call the US Embassy in London?

 

Thanks.

[PhillR 0]

Thanks missileman. I have just checked my records and see that when CBP asked me where I was living I could not lie and told them that I had temporarily moved back to the UK. They said I have to give up my Green Card and that I had to submit form I-407. It seems that if I have submitted form I-407 I cannot apply for an SB1.

 

   Should I call them and explain our situation, because it was never my intention to remain out of the USA. it was temporary as I had to look after my 92 year old mother.

 

Any thoughts on this ?

 

Thanks. 

[Crazy Cat 42,320]

2 minutes ago, PhillR said:

Thanks missileman. I have just checked my records and see that when CBP asked me where I was living I could not lie and told them that I had temporarily moved back to the UK. They said I have to give up my Green Card and that I had to submit form I-407. It seems that if I have submitted form I-407 I cannot apply for an SB1.

 

   Should I call them and explain our situation, because it was never my intention to remain out of the USA. it was temporary as I had to look after my 92 year old mother.

 

Any thoughts on this ?

 

Thanks. 

I was mistaken...I was thinking reentry permit....

[PhillR 0]

25 minutes ago, missileman said:

I think you have to apply for SB-1 before leaving the US, and they are valid for 2 years.

I would have gone way past the 2 years anyway. I guess there is no other option other than for my wife to file a new I-130.

[Liam2021 587]

if you already submitted form I-407 , well then there's no choice for SB1. you have to start from phase one again(i130).

[Crazy Cat 42,320]

Just now, PhillR said:

I would have gone way past the 2 years anyway. I guess there is no other option other than for my wife to file a new I-130.

Unfortunately, that seems to be the answer......maybe other posters have ideas......good luck to you and your family.......

[mrmvkjts 459]

Someone Correct me if I’m wrong but Your wife could have done a DCF thru London before movin to the US...so you could have been back way sooner too

rather  than if she sends the petition now

 

I don’t think there’s another option but filing the I130 the “regular” way

 

[PhillR 0]

Thanks everyone for your great contributions. I'll read up on the I-130 and what to do. Any tips?

[PhillR 0]

Thanks for your support. Another question please....

 

Since my Petitioning E=US Citizen wife is now back in the US (from 26th July) she is taking the rest of the summer (5 weeks) off and will be in work in September /October. is it a requirement for her to be working in order to submit the I-130? We don't want to use a joint petitioner.

 

We have three years US Federal & State tax filings up to and including 2017 and we have assets in the USA and I have assets here in the UK.

 

What are our options please? 

[PhillR 0]

Also, the version of the I-130 has an expiry date of 31st July 2018 but I am completing in now which is after the form expiry date. Is there any guidance on this please?