Advice needed

[The_ Marshalls 0]

Hi all, 

 

In Jan 2018 me (UK Citizen on 10 year GC) and my wife/son visited my family in Belfast UK for 8 weeks. During our stay my father was diagnosed with progressive Dementia so we decided to extend our stay. While we were here i took delivery of my 10 year Green Card at our US address. 

 

Things to longer than we expected to get things situated for my parents with care etc as they are pensioners. I did not realise i had to apply for a permit to return to the US before leaving. in the mean time my mother was diagnosed with cancer and under treatment. Thinking that we had 2 years to return to the US we decided to spend time with my parents and i got a job to support my family on our stay. 

 

For my family (wife & son) to stay with me i had to apply for a family visa for them so we were not separated. This meant i had to renounce my British citizenship and get Irish citizenship to apply for the visa for my family. 

 

OK so i know (now) that my green card would be invalid and looks like we are stuck here and would have to apply for a immigrant visa for myself :-(. I would need to find a sponsor as my wife cannot sponsor me as she is in UK with me.

 

Is this the only option for us to get back to Texas ? 

 

Thank you 

 

[designguy 1,179]

Did you remain outside of the US for longer than a year? You may want to contact your local embassy/consulate

[The_ Marshalls 0]

6 minutes ago, designguy said:

Did you remain outside of the US for longer than a year? You may want to contact your local embassy/consulate

Yes we are still here in UK so over a year. they advised i have lost my residence. 

 

When we apply for immigrant visa (i think we will need too now) will having a GC, Social number etc help the process ? 

 

Thank you 

[aleful 1,905]

hi

 

nope, it won't help, but you need to put those numbers in on the forms, the A# and the social security numbers are for life

 

you won't get a new number, just a new card

 

 

[The_ Marshalls 0]

11 minutes ago, aleful said:

hi

 

nope, it won't help, but you need to put those numbers in on the forms, the A# and the social security numbers are for life

 

you won't get a new number, just a new card

 

 

Ok thank you.

 

Now to find a Sponsor as my wife is with me so she cant do it & her side of the family are not wealthy 😞 

 

Im so annoyed i did not get a return permit before leaving

 

Thanks 

[designguy 1,179]

31 minutes ago, The_ Marshalls said:

Ok thank you.

 

Now to find a Sponsor as my wife is with me so she cant do it & her side of the family are not wealthy 😞 

 

Im so annoyed i did not get a return permit before leaving

 

Thanks 

Just to confirm. Your wife is a USC?

 

The process will take at minimum 12-14 months as your wife will have to file an IR1 from scratch. Is your wife planning to return to the US to meet the domicile requirements? You can't use a sponsor to meet that requirement

Edited August 21, 2019 by designguy

[The_ Marshalls 0]

1 hour ago, designguy said:

Just to confirm. Your wife is a USC?

 

The process will take at minimum 12-14 months as your wife will have to file an IR1 from scratch. Is your wife planning to return to the US to meet the domicile requirements? You can't use a sponsor to meet that requirement

Wife is a USC yes. 

 

Looks like we are here to stay as wife doesn't want to be apart as its not ideal with a small child. 

 

Thanks 

 

Paul 

[designguy 1,179]

11 minutes ago, The_ Marshalls said:

Looks like we are here to stay as wife doesn't want to be apart as its not ideal with a small child. 

 

Thanks 

 

Paul 

Keep in mind the domicile requirement doesnt need to be met the day you file the application so when (if) you do decide to go back try and start the process as soon as you know. Good luck!

[The_ Marshalls 0]

9 minutes ago, designguy said:

Keep in mind the domicile requirement doesnt need to be met the day you file the application so when (if) you do decide to go back try and start the process as soon as you know. Good luck!

I think she could get her old job back and have a offer to show she intends to move back but thats all we have. 

 

I think the process would be too stressful and our life in US is over for the foreseeable future. 

 

Thanks again 

[The_ Marshalls 0]

20 hours ago, designguy said:

Keep in mind the domicile requirement doesnt need to be met the day you file the application so when (if) you do decide to go back try and start the process as soon as you know. Good luck!

Hey, So i think reinstate domicile would be our option. But as my wife is in UK with me what do we do about the income requirements ? 

 

Thanks 

[designguy 1,179]

Just now, The_ Marshalls said:

Hey, So i think reinstate domicile would be our option. But as my wife is in UK with me what do we do about the income requirements ? 

 

Thanks 

So your options would be either a US based sponsor, or if you or your wife have assets, you can use those as well

 

https://www.uscis.gov/greencard/affidavit-support

Quote

If you cannot meet the minimum income requirements using your earned income, you have various options:

• You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
  • Exceptions:
    • If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsor’s household income and 125% of the federal poverty guide line for the household.
    • If the person being sponsored is an orphan coming to the United States for adoption: The adoptive parents’ assets need to equal or exceed the difference between the household income and 125% of the federal poverty line for the household size.

 

[The_ Marshalls 0]

4 minutes ago, designguy said:

So your options would be either a US based sponsor, or if you or your wife have assets, you can use those as well

 

https://www.uscis.gov/greencard/affidavit-support

 

Ok thanks, not going to happen 😞 we were renting when we left US with no assets. We had savings but that was eaten up by this trip that was extended.

 

Stuck in UK from now on i guess. At lease we both have jobs in UK etc.