Second green card

[Thewander 25]

Has anyone had a previous green card, left the US and relinquished it thinking they’d not move back to the US then wanted to and re-applied for another green card? That’s our current situation. The i130 asked if you’ve ever applied and if it was accepted or not. My husbands was approved and we lived in the US for 5 years. We’ve been gone for 3 years now and need to go back. Anyone else have knowledge of how the USCIS takes these types of applications? Would we be frowned upon for giving up a green card then needing one to go back. My husband has his SS number and everything, as well as a job to return to in the US. Thank you for any help. 

[NancyNguyen 1,657]

Yes, file another I130 for him but he needs to surrender his green card to avoid mixup, they might reject your I130 because he has a green card currently. Only immigration judge can revoke his green card due to absence. 

[millefleur 5,046]

**Moved IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports to IR-1 / CR-1 Spouse Visa Process & Procedures**

[Thewander 25]

2 hours ago, NancyNguyen said:

Yes, file another I130 for him but he needs to surrender his green card to avoid mixup, they might reject your I130 because he has a green card currently. Only immigration judge can revoke his green card due to absence. 

Filed the i130 March 5. He relinquished his green card February 2019 so hopefully that’ll be enough time for them to see we’re reapplying. Wish we could just get it back but what’s done is done. 

[Nitas_man 3,100]

5 hours ago, Thewander said:

Has anyone had a previous green card, left the US and relinquished it thinking they’d not move back to the US then wanted to and re-applied for another green card? That’s our current situation. The i130 asked if you’ve ever applied and if it was accepted or not. My husbands was approved and we lived in the US for 5 years. We’ve been gone for 3 years now and need to go back. Anyone else have knowledge of how the USCIS takes these types of applications? Would we be frowned upon for giving up a green card then needing one to go back. My husband has his SS number and everything, as well as a job to return to in the US. Thank you for any help. 

Just refile.  No issues.  We relinquished one and refiled the following year exactly like you are doing.

Edited April 29, 2020 by Nitas_man

[Thewander 25]

12 minutes ago, Nitas_man said:

Just refile.  No issues.  We relinquished one and refiled the following year exactly like you are doing.

That’s a relief to hear. Did everything go smoothly? Anything asked about why you gave up a green card? Was the process quicker since you’ve already had gone through it previously? Sorry for all the questions were just needing to get back for my mom. Thank you for your help!

[Nitas_man 3,100]

8 minutes ago, Thewander said:

That’s a relief to hear. Did everything go smoothly? Anything asked about why you gave up a green card? Was the process quicker since you’ve already had gone through it previously? Sorry for all the questions were just needing to get back for my mom. Thank you for your help!

We surrendered it in person at the consulate.  They asked and we said we’d just get a new one when we were ready to go back to the US.

When we filed we listed the previous A number, on the support affidavit I noted I had filed a previous affidavit, she already had a SS card

 

Our process was DCF and it was lightening fast.  Too fast.  I don’t believe a re-filed petition through normal channels is treated any differently than any other.  What was quicker was getting the documents together and filling the forms, all blanks were identical to the first petition except for the address updates etc for the time we were married.
 

Smooth and easy.

[Thewander 25]

6 minutes ago, Nitas_man said:

We surrendered it in person at the consulate.  They asked and we said we’d just get a new one when we were ready to go back to the US.

When we filed we listed the previous A number, on the support affidavit I noted I had filed a previous affidavit, she already had a SS card

 

Our process was DCF and it was lightening fast.  Too fast.  I don’t believe a re-filed petition through normal channels is treated any differently than any other.  What was quicker was getting the documents together and filling the forms, all blanks were identical to the first petition except for the address updates etc for the time we were married.
 

Smooth and easy.

That’s great to hear! I hope ours goes as smoothly and quick. It’s been 2 months now since I filed the i130 and nothing yet. Sorry but what’s DCF?

[Nitas_man 3,100]

2 minutes ago, Thewander said:

That’s great to hear! I hope ours goes as smoothly and quick. It’s been 2 months now since I filed the i130 and nothing yet. Sorry but what’s DCF?

Direct Consular Filing.  You used to file your petition to any embassy or consulate, then they limited that to a handful of countries, then they did away with it altogether.  The petition and visa were processed at the embassy and they literally approved the petition on the spot and you were collecting documents and arranging medical etc within a few weeks

Edited April 29, 2020 by Nitas_man

[pushbrk 12,883]

2 minutes ago, Thewander said:

That’s great to hear! I hope ours goes as smoothly and quick. It’s been 2 months now since I filed the i130 and nothing yet. Sorry but what’s DCF?

DCF is Direct Consular filing.  Not available at this time.

 

Note you are beginning an immigrant spouse visa process by filing a petition.  When the petition is approved, the foreign spouse applies for a visa.  Once IN the USA and all fees paid, a green card will come in the mail.  Expect the process to take 12 to 18 months from the time you filed the petition.  Having had a green card in the past has no impact on your timeline going forward.

[Thewander 25]

17 minutes ago, Nitas_man said:

Direct Consular Filing.  You used to file your petition to any embassy or consulate, then they limited that to a handful of countries, then they did away with it altogether.  The petition and visa were processed at the embassy and they literally approved the petition on the spot and you were collecting documents and arranging medical etc within a few weeks

I wish that was still the case! Just to get it right - I file the i130, when approved it goes to NVC who requests i864, once that’s approved our case is sent to the embassy and they request the ds260 and schedule an interview and require a medical before the interview? 

[Thewander 25]

17 minutes ago, pushbrk said:

DCF is Direct Consular filing.  Not available at this time.

 

Note you are beginning an immigrant spouse visa process by filing a petition.  When the petition is approved, the foreign spouse applies for a visa.  Once IN the USA and all fees paid, a green card will come in the mail.  Expect the process to take 12 to 18 months from the time you filed the petition.  Having had a green card in the past has no impact on your timeline going forward.

Is it the ds260 that’s him filing for the visa? Is there a chance the immigration restrictions trump just put in place will speed up the process? 

[Nitas_man 3,100]

7 minutes ago, Thewander said:

I wish that was still the case! Just to get it right - I file the i130, when approved it goes to NVC who requests i864, once that’s approved our case is sent to the embassy and they request the ds260 and schedule an interview and require a medical before the interview? 

Correct.  Medical, police certificates, marriage, divorce certificates (if any), support affidavit, everything the same as an original immigrant visa case.

 

They also added a “green card fee” a couple of years ago that is paid to USCIS online and will put a hold on the green card after US entry.  There will be instruction on how to pay that when the visa is issued and it’s best to pay it ASAP.

Edited April 29, 2020 by Nitas_man

[Nitas_man 3,100]

3 minutes ago, Thewander said:

Is it the ds260 that’s him filing for the visa? Is there a chance the immigration restrictions trump just put in place will speed up the process? 

The DS260 is your husband’s visa application that is submitted after the petition is approved.

 

Difficult to tell right now how Trump’s ever changing and ever fluid declarations are affecting cases.  

[pushbrk 12,883]

38 minutes ago, Thewander said:

Is it the ds260 that’s him filing for the visa? Is there a chance the immigration restrictions trump just put in place will speed up the process? 

Correct terminology is helpful.  You, the US Citizen, will "file" a petition.  He, the foreign spouse will apply for a visa buy submitting a DS260.  DS260 is an application that is "submitted".   The I-130 is a "petition" you "file.

 

I don't see anything speeding up, Trump or not.