IR1 visa

[Ndeye 0]

Hi. I received a spouse visa back in 2011, my husband was a permanent resident. But for family reasons i left the US in 2012, before applying for a green card. I only have my social security card. now my husband is a US citizen, and we have 3 kids, the first was born in the US. Do we have to do the i-130 process all over again for me to move back to the US? and how long before i can apply for US citizenship after I arrive in the states? Thanks.

[Dashinka 24,980]

I believe you have to start all over again since you have been out of the US for over six years.  If I remember correctly, with an IR1 in 2011, you were already granted LPR status when you first entered the US even if you didn't have the physical card yet, but then leaving and staying away is most likely considered an abandonment of LPR status, so I think you have to start over again.  I am not sure about the naturalization thing, there is the 3 year marriage rule (LPR for three years) and the 5 year LPR rule, but I am not sure if any of your time in 2011 counts toward that.

 

Good Luck!

[Ndeye 0]

1 hour ago, Bill & Katya said:

I believe you have to start all over again since you have been out of the US for over six years.  If I remember correctly, with an IR1 in 2011, you were already granted LPR status when you first entered the US even if you didn't have the physical card yet, but then leaving and staying away is most likely considered an abandonment of LPR status, so I think you have to start over again.  I am not sure about the naturalization thing, there is the 3 year marriage rule (LPR for three years) and the 5 year LPR rule, but I am not sure if any of your time in 2011 counts toward that.

 

Good Luck!

Thanks a lot for your response. I really appreciate it!

 

1 hour ago, Bill & Katya said:

 

 

Edited October 26, 2018 by Ndeye

[NikLR 13,232]

If your spouse was an LPR when you first came to the USA you would have had an F2A.  There would have been zero need to adjust status and you had a green card.  However, since you left for 6 years your spouse would now have to petition you again so you can apply for an IR1.  

After you arrive you need to be an LPR living in marital union with your USC spouse for 3 years minus 90 days before you can apply for citizenship. 

Edited October 26, 2018 by NikLR

[geowrian 22,338]

Spending 1 year or longer has a presumption of abandoning permanent residency. Six years abroad would almost guarantee having done so, barring very unusual circumstances (like a medical condition preventing you from traveling).

You have to start over with an I-130. ETA: ~12-16 months

Once you enter on the immigrant visa, you can be eligible for citizenship after 3 years (and can apply for it up to 90 days beforehand).

[Ndeye 0]

Thanks a lot for all your responses. I think I got my questions answered!. We gonna submit a I-130 to get things started.

[pushbrk 13,254]

9 hours ago, Ndeye said:

Thanks a lot for all your responses. I think I got my questions answered!. We gonna submit a I-130 to get things started.

Unless your husband was a US Citizen when your other two children were born, you will need I-130 petitions for each of them too.  If he WAS a citizen when they were born and can pass citizenship to them directly, then they need Consular Reports of Birth Abroad.

[Ndeye 0]

16 hours ago, pushbrk said:

Unless your husband was a US Citizen when your other two children were born, you will need I-130 petitions for each of them too.  If he WAS a citizen when they were born and can pass citizenship to them directly, then they need Consular Reports of Birth Abroad.

Yes, my husband was a US citizen when they were born. We will apply for the CRBA before my I-130 process is over. Thanks for the response!.