Application for Returning Resident Visa

[igoyougoduke 1,656]

15 hours ago, RevGreen said:

And a bit more context -

 

My wife and I married in July 2018. Around July 2019 we moved back to her home country (Thailand). We did not obtain a re entry permit as we only expected to stay away for roughly 6-8 months (tying up loose ends with her family, moving some more of our belongings, etc). But then COVID hit Thailand around Jan 2020 (Thailand was the first country with cases outside of China) and we became a bit anxious to travel. And of course the rest is history.

 

Her GC expired in Feb 2021. We are both still in Thailand. We have maintained ties by continuing to file our taxes as a married couple. We do not own property or assets in America (never have).

 

Our intention is to apply with the condition that covid impacted our plans and we wanted to wait until we had a safer option for returning. Now my job is asking me to relocate (from remote to a new office in Kentucky) and of course vaccines are widely available. So  it's as good a time as any to finally go back (if granted permission)

 

15 hours ago, RevGreen said:

Hello

 

Does anyone have experience with obtaining a Returning Resident Visa (Form DS-117)?

We left the US and have been away for over 2 years. But 1 year of that was COVID. Now that things have normalized a bit we want to return to America. I understand it's not a guarantee. If we are declined we will redo the process and try to obtain an IR-1 visa.

 

I am looking for anyone with experience of advice in obtaining the Returning Resident Visa.

what advice are you looking for ?   you should apply and let us know the result. odds are if you didnt maintain residence in US - she has abandoned her GC. marriage is just not enough to prove she has not abandoned GC.  Again COVID is brand new, no one knows how consulates will deal with it as a reason 

 

 

[Scandi 4,166]

10 hours ago, RevGreen said:

 

No... you are wrong. If you read what I shared:

 

 

She failed to remove the conditions on her CONDITIONAL greencard, so she's no longer a Lawful Permanent Resident and therefore what you're quoting doesn't apply to your situation. 

[Nitas_man 3,100]

17 hours ago, RevGreen said:

Hello

 

Does anyone have experience with obtaining a Returning Resident Visa (Form DS-117)?

We left the US and have been away for over 2 years. But 1 year of that was COVID. Now that things have normalized a bit we want to return to America. I understand it's not a guarantee. If we are declined we will redo the process and try to obtain an IR-1 visa.

 

I am looking for anyone with experience of advice in obtaining the Returning Resident Visa.

Enjoy

 

If you have any questions lemme know

 

 

 

[Nitas_man 3,100]

11 hours ago, RevGreen said:

So does anyone have an answer for my questions above or not?

Relax dude.  We have obtained many visas LOL

 

When does her GC expire?  If your job asked you to relocate you also trigger eligibility for DCF processing.  We have

one of those also.  So does she have a valid, unexpired GC or not?

Edited May 22, 2021 by Nitas_man

[jan22 3,052]

What others have been trying to explain is that your wife had a "Conditional" green card, as you had been married less than two years at the time she was granted resident status.  You needed to file a form I-751, no sooner than 90 days before the expiration of her conditional green card, in order to remove the conditions and receive a 10-year green card.  A conditional green card cannot be renewed.  It appears that you did not file that form.  If so, she has likely lost her residency status and, if you were in the US, she would be subject to deportation.  (See https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence.)

 

It it is unlikely that you would qualify for returning residents visa in the first place, as the criteria is basically that your not returning to the US was beyond your control. For example, if Thailand had cancelled all travel in or out of the country, that would be beyond your control. That was not the case -- you chose, albeit for what was a very good reason, not to return. However, even if they accepted COVID concerns as an acceptable reason, your wife would not qualify for a Returning Resident Visa because she likely has lost her resident status by not applying for removal of conditions.

 

Of course, if you did file the I-751, that's a different story.

 

Edited May 23, 2021 by jan22

[ArmyVet 146]

1 hour ago, jan22 said:

What others have been trying to explain is that your wife had a "Conditional" green card, as you had been married less than two years at the time she was granted resident status.  You needed to file a form I-751, no sooner than 90 days before the expiration of her conditional green card, in order to remove the conditions and receive a 10-year green card.  A conditional green card cannot be renewed.  It appears that you did not file that form.  If so, she has likely lost her residency status and, if you were in the US, she would be subject to deportation.  (See https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence.)

 

It it is unlikely that you would qualify for returning residents visa in the first place, as the criteria is basically that your not returning to the US was beyond your control. For example, if Thailand had cancelled all travel in or out of the country, that would be beyond your control. That was not the case -- you chose, albeit for what was a very good reason, not to return. However, even if they accepted COVID concerns as an acceptable reason, your wife would not qualify for a Returning Resident Visa because she likely has lost her resident status by not applying for removal of conditions.

 

Of course, if you did file the I-751, that's a different story.

 

This is spot on.

[Nitas_man 3,100]

Expired GC?

 

You’re going to be needing to prepare a new I-130, send it in, and start over.  In your place I would reach out to the embassy and make an appointment with Citizens Services for turning in a DCF package and try to file it with the embassy based on a requirement to return to the US for employment.

 

New support affidavit required.  New medical, new police certificate.  DCF is quick, if they’ll accept your petition.

 

SB1 applies to returning residents with valid green cards.  Your wife’s PR status has expired.  Not a prayer of getting through the first step.

Edited May 23, 2021 by Nitas_man

[RevGreen 86]

I met with a local immigration attorney today.

 

He confirmed that my wife IS eligible for an SB-1 but approval is of course not a guarantee. He was also able to answer the question I posted earlier than you all so kindly ignored.

 

Done with this thread now so good luck to you all.

[retheem 564]

7 minutes ago, RevGreen said:

I met with a local immigration attorney today.

 

He confirmed that my wife IS eligible for an SB-1 but approval is of course not a guarantee. He was also able to answer the question I posted earlier than you all so kindly ignored.

 

Done with this thread now so good luck to you all.

😂😂😂good luck with that. These are the consequences of doing things without thinking. I can tell you for sure that the SB1 is a non starter

[RevGreen 86]

9 minutes ago, retheem said:

😂😂😂good luck with that. These are the consequences of doing things without thinking. I can tell you for sure that the SB1 is a non starter

Thanks I'll let the attorney know that a random forum poster knows more than him

[Nitas_man 3,100]

1 hour ago, RevGreen said:

Thanks I'll let the attorney know that a random forum poster knows more than him

I got one (SB1)

 

No attorney

 

I know exactly where your application is going.  Good luck.

 

Back in 2011 we had an expired conditional green card.  I had to re-do an I130.  Same circumstances really except we DID file ROC and DID have an extension letter and DID return for biometrics.  Failed fingerprints, couldn’t return for a second set.

 

So:  Let us know how things worked out 

Edited May 23, 2021 by Nitas_man

[Scandi 4,166]

2 hours ago, RevGreen said:

Thanks I'll let the attorney know that a random forum poster knows more than him

If you only knew how often we see people coming to this forum asking for help after their lawyers screwed up their petitions/applications by giving very bad advice and straight out false information.. 

[Nitas_man 3,100]

5 hours ago, RevGreen said:

Thanks I'll let the attorney know that a random forum poster knows more than him

Yeah let the “local” immigration attorney in Thailand (who probably would say anything you pay him to say) know that 😂

[Nitas_man 3,100]

6 hours ago, RevGreen said:

I met with a local immigration attorney today.

 

He confirmed that my wife IS eligible for an SB-1 but approval is of course not a guarantee. He was also able to answer the question I posted earlier than you all so kindly ignored.

 

Done with this thread now so good luck to you all.

The question about who has experience?

 

I posted you a blog that YOU appear to have ignored.  I logged every detail of every step and interview.

 

Here it is again.  Read it

 

 

 

Edited May 23, 2021 by Nitas_man

[Just Paul 4,595]

You won't be able to use "unable to return during COVID as an excuse since there were many opportunities to return to the US.   Hopefully your wife will like it better in the US this time.  She obviously didn't do an ROC, didn't do an AP to protect status during that time. Did she not surrender here green card?  

 

Or understand the consequence of changing her mind?   It seems like this has been an issue from the marriage.

 

The good news is once you go thru the I-130 and get a spousal visa she will get a 10 year green card.   When the next great job offer comes up in Thailand make sure she gets a re-entry permit and plays by the rules until she obtains citizenship.