Help Needed: Applying for Re-Entry Permit During ROC

[aaron2020 11,651]

1 hour ago, da95826 said:

Not sure I agree with aaron2020 abut COVID not being an excuse, but I think you can set her up case to get approved for an SB-1 visa. 

 

If possible, book travel for her to return to the USA if any airline, train, or boat whatever any mode of travel that is taking reservations for a date just within the 6 months after her departure. Officially plan to return USA and document it, then if the flights are cancelled then I think it become beyond your control regardless of the reason and she will qualify for an SB-1.

 

If all else fails you will go back to requesting a K3 visa for her to return USA, but I think if you have to do that she will likely need to get a green card all over again.

 

I think it is possible of your i751 case to be approved well... anytime, but it becomes somewhat more likely in three or four months (about a year out from filing) I know you are in the California service center but they do approve some cases near the year time frame .

From the US Consulate in Vietnam on Covid and SB-1 visa.  
https://vn.usembassy.gov/useful-information-for-lprs-green-card-holders-during-covid-19/

 

From USCIS about K-3.  
https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas

[HRQX 4,145]

5 hours ago, da95826 said:

If all else fails you will go back to requesting a K3 visa for her to return USA,

K-3 is obsolete. Only 3 were issued in the whole world in Fiscal Year 2020: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics/monthly-nonimmigrant-visa-issuances.html If SB-1 fails, they'll have to pursue IR-1.

[elle.and.elle 25]

Thank you all for your feedback and recommendations. I think the best thing for us right now is to try to get back before the 6 month mark. We're still waiting for her to get on a chartered flight so it's just a waiting game right now.

[da95826 387]

Good luck to you both, remember to document the continued marital relationship between both of you; communications between you two, financial support you are providing or she provides, file joint taxes, and so on.

Hope she can travel freely in six months and her father get better soon.