Green card lost and expired while overseas...

[belgorod 0]

I have a complicated situation. My wife went to care for an ailing relative in Russia. She traveled with our son, born here in the U.S. (thus he is  an American citizen). She has been unable to think about returning until now, almost a year later. I've been visiting her and my son at every opportunity.

 

Her greencard expired in October of 2018, and it was lost in January. She is ready to come back now, and I am seeing my options: Filing an I-131A application for a travel document, or the SB-1 visa. I completed the I-131A form, but when I tried to pay the required fee online, the system told me they did not have a record of her Alien registration number, or anything else. The only proof she has that she was a LPR is the original IR visa in her passport.

 

Anyone have any opinions about my options? Should I just file for another immigrant visa using the I-130 form? Does the fact that her son (and mine) is an American citizen change this situation in any way?

 

Thanks in advance.

[NikLR 13,227]

Did she have a CR1 or an IR1?  How long were you married before the original visa was used for initial entry?  Did you guys have to remove conditions on her residency?

[SalishSea 17,837]

Doesn’t being out of the US for that long imply abandonment of LPR status?

[Going through 5,671]

39 minutes ago, belgorod said:

Does the fact that her son (and mine) is an American citizen change this situation in any way?

Only benefit to the child being a USC, is that the child can return to the US with you at any time.  Other than that, will not change her situation in any way.

Edited July 9, 2019 by Going through

[belgorod 0]

26 minutes ago, NikLR said:

Did she have a CR1 or an IR1?  How long were you married before the original visa was used for initial entry?  Did you guys have to remove conditions on her residency?

She had a two year green card and we did not apply for removal of conditions before she left. Her original intention was to return after only a month, but that turned out to be impossible. We were married for 10 months before she arrived in America on an immigrant visa.

[belgorod 0]

30 minutes ago, NikLR said:

Did she have a CR1 or an IR1?  How long were you married before the original visa was used for initial entry?  Did you guys have to remove conditions on her residency?

It was CR 1, a two year green card. We did not apply for removal of conditions. I think that makes her ineligible for an SB-1 visa, yes?

[Lil bear 4,219]

31 minutes ago, belgorod said:

It was CR 1, a two year green card. We did not apply for removal of conditions. I think that makes her ineligible for an SB-1 visa, yes?

I think you are going to have to apply for IR 1 again. 

[Just Paul 4,595]

Can't apply for I-131 since she already left the US.   Could be able to apply for SB-1, otherwise it is I-130 time again.

[NikLR 13,227]

9 hours ago, belgorod said:

It was CR 1, a two year green card. We did not apply for removal of conditions. I think that makes her ineligible for an SB-1 visa, yes?

Your best bet money wise imo would be to start over because you didnt remove conditions.  Her a# is on the original visa and she can can call the USCIS to inquire on her status.  You could try for the SB1 but i think it will be denied so dont waste time or money.    At least this time she will get an IR1 visa so the 10 year card. 

[BigDaddy28 228]

18 hours ago, belgorod said:

I have a complicated situation. My wife went to care for an ailing relative in Russia. She traveled with our son, born here in the U.S. (thus he is  an American citizen). She has been unable to think about returning until now, almost a year later. I've been visiting her and my son at every opportunity.

 

Her greencard expired in October of 2018, and it was lost in January. She is ready to come back now, and I am seeing my options: Filing an I-131A application for a travel document, or the SB-1 visa. I completed the I-131A form, but when I tried to pay the required fee online, the system told me they did not have a record of her Alien registration number, or anything else. The only proof she has that she was a LPR is the original IR visa in her passport.

 

Anyone have any opinions about my options? Should I just file for another immigrant visa using the I-130 form? Does the fact that her son (and mine) is an American citizen change this situation in any way?

 

Thanks in advance.

I would call the embassy in Russia and explain your situation to them. Having an expired green card while overseas might (high chance might) cancel her permanent residence status. I don't know if the embassy will have some leniency towards her situation since it was a medical situation and she didn't have the intention to abandon her green card when she first traveled. The embassy will be able to tell you whether a return visa is the way to go or if you have to file again and restart. 

I have a feeling it will be the later but I could be wrong. 

 

Good luck. 

[NikLR 13,227]

13 minutes ago, BigDaddy28 said:

I would call the embassy in Russia and explain your situation to them. Having an expired green card while overseas might (high chance might) cancel her permanent residence status. I don't know if the embassy will have some leniency towards her situation since it was a medical situation and she didn't have the intention to abandon her green card when she first traveled. The embassy will be able to tell you whether a return visa is the way to go or if you have to file again and restart. 

I have a feeling it will be the later but I could be wrong. 

 

Good luck. 

Unless it was her or her son's medical issue where they physically were unable to leave, there's no reason why she couldn't come back or file for removal of conditions. I understand otherwise and if my parents or siblings were sick, I would not want to leave them either.  I sympathize and empathize with the emotional side.  However, the USCIS and DOS do not and their rules are more strict and hard.

There are two factors here; lack or removal of conditions AND an expired card.  

She's 8 months past the filing date for ROC and has been out of the USA for 1 year.  

 

Edited July 9, 2019 by NikLR

[AstroCanada 206]

She could try to file an I-751 to remove conditions and use the extension letter to get a stamp?  I think that might be a long shot though since she's currently out of the country and has been for so long.  

 

If I were you, I would consult an attorney at this point, as you're not in DIY territory anymore.

[Boiler 45,527]

My assumption would be that the best bet would be an IR1, please let us know how things go.

[SalishSea 17,837]

49 minutes ago, AstroCanada said:

She could try to file an I-751 to remove conditions and use the extension letter to get a stamp?  I think that might be a long shot though since she's currently out of the country and has been for so long.  

 

If I were you, I would consult an attorney at this point, as you're not in DIY territory anymore.

I don't think you can ROC from outside of the US.

[Nitas_man 3,100]

23 hours ago, belgorod said:

I have a complicated situation. My wife went to care for an ailing relative in Russia. She traveled with our son, born here in the U.S. (thus he is  an American citizen). She has been unable to think about returning until now, almost a year later. I've been visiting her and my son at every opportunity.

 

Her greencard expired in October of 2018, and it was lost in January. She is ready to come back now, and I am seeing my options: Filing an I-131A application for a travel document, or the SB-1 visa. I completed the I-131A form, but when I tried to pay the required fee online, the system told me they did not have a record of her Alien registration number, or anything else. The only proof she has that she was a LPR is the original IR visa in her passport.

 

Anyone have any opinions about my options? Should I just file for another immigrant visa using the I-130 form? Does the fact that her son (and mine) is an American citizen change this situation in any way?

 

Thanks in advance.

The travel document has to be applied for before the immigrant leaves and she has to be in the US to apply for it.  Requires biometrics.

She is a perfect candidate for SB1 however by not removing conditions I believe she has lost her status in the US.

 

Even if you had filed to remove conditions when required and received an extension letter she would definitely and easily qualify for SB1.

 

I am not aware of any choice you have but to file a new petition for a new PR card and start over.  I could be wrong.

 

Edited July 10, 2019 by Nitas_man