DCF, Spouse is Green Card Holder, what to do?

[longsack22 0]

Hello all,

 

BACKGROUND:
Wife was married to an American in 2009.  Got her green card in 2011 and went to the us with her spouse.  Green card was renewed in 2013 for 10 years.  She left the us with her husband and two kids (usa citizens) in 2014.  She returned to the USA for 2 months in 2016, had no issues upon reentry, then went back to her home country with spouse and kids.  Applied and was approved an updated green card/visa application in January 2020.  Covid happened, didn’t return to the USA.  Spouse and her divorce in july 2020.  We got married early this year.  We have an appointment to direct file with the consulate on June 15 (turn in the documents), she will get interview at a later date.  Her green card (10 year) expires in august 2023.

 

questions:

1.  Can we check if her green card is good and she can enter the USA on it?

2. If the answer to 1 is yes, can we do an adjustment to allow me to be her sponsors upon entry?

3. Is it best to just go through the DCF and let everything else go?

4. Any suggestions?

5.  We hope to go to the USA together in a few months to buy a home, using her green card (if she has not been approved yet for our application together), is this wise? (Thus I’m asking question 1).

If more info is needed I will supply it… just looking for best options or if anyone else has been in this situation.

 

thanks

[Timona 4,208]

She had a valid GC...why are you applying for another?.

 

You cannot do adjustment for her because she has a valid GC..AOS is for first time GC seekers. 

 

Get on a plane and fly to US..You're not getting another GC from embassy but they are glady going to take your non- refundable money. 

Edited June 7, 2022 by Timona

[longsack22 0]

Great question.

 

She hasn’t been in the USA since 2016 for two months.  Isn’t that going to be considered abandoning her residence in the USA?

 

The fact she left in 2014 and returned in 2016 without issue gives me hope all is good…. And we will have no issues…  but want to ask.

 

i have one shot to DFC because I leave the country and return to the USA in august.  After that if her residency and green card are NOT good, I will have to go through the USCIS, NVC and so on…. Taking a lot longer.

 

thus before I leave I’m willing to eat the non-refundable money and lose it…. Just in case her status would be invalid, screwed up or something odd…. Based on this situation.

 

am I over thinking this?

[Redro 4,612]

15 minutes ago, longsack22 said:

Great question.

 

She hasn’t been in the USA since 2016 for two months.  Isn’t that going to be considered abandoning her residence in the USA?

 

The fact she left in 2014 and returned in 2016 without issue gives me hope all is good…. And we will have no issues…  but want to ask.

 

i have one shot to DFC because I leave the country and return to the USA in august.  After that if her residency and green card are NOT good, I will have to go through the USCIS, NVC and so on…. Taking a lot longer.

 

thus before I leave I’m willing to eat the non-refundable money and lose it…. Just in case her status would be invalid, screwed up or something odd…. Based on this situation.

 

am I over thinking this?

Might be shooting yourself in the foot trying the DCF route. 

The embassy might see she still has a green card and ask her to officially abandon her residency. Then maybe refuse DCF... (which consulate are you going through?) 

Best bet would be to fly to the US... a fellow VJ's friend returned to the US after 8 years out of the country. No issues at the airport... not sure what will happen when they try to renew the GC but we wait and hope they come back with an update.  

 

ETA: I see you're in Korea and you're in the military. So, you might be fine... I would go to the consulate and see what they say... 

Edited June 7, 2022 by ROK2USA

[longsack22 0]

I am in Korea, I am in the military.

 

i will leave Korea in early July.  We have an appointment to direct file to the us consulate on 15 June.  We have to DCF before I leave Korea or we will lose the right to do so….and then have to go through the USCIS, NVC, Interview process (which I understand is much longer).

 

currently we are thinking.

- June 15 file (I’m willing to lose the $ and understand I may).  Setup interview for early August.

- I leave early July, set up a house and place to live in the US.

- Her and the kids (kids are us citizens) try to come mid/late July.  If they are NOT turned away great…we cancel the interview appointment / DCF.  If they are turned away she returns and goes to the early august interview.

 

bad idea?  Good idea?  Thoughts?  We don’t want to play the system, and we don’t want to put anything in jeopardy.

[Timona 4,208]

Book a refundable ticket and have her go through closet external checkpoint...if she passes, you're good. If not, try your DCF

 

I will try that first...I'm not sure if Korea has pre-clearance. If it does, the better.

[longsack22 0]

What is,

 

closet external checkpoint?

 

[longsack22 0]

Also…

 

im asking because I do not know… is there a chance if she would go to the closest usa port city, as kind of a “test”… they would tell her she cannot leave the USA pending an immigration hearing to determine her status?

 

again, I have no idea so… I want to ask.

[Just Paul 4,595]

Is she current on her US income tax filings?

[African Zealot 1,456]

1 hour ago, longsack22 said:

What is,

 

closet external checkpoint?

US Pre-clearance facility. Basically you go through immigration in those countries before even boarding your flight. Peace of mind knowing you’re not going to arrive in the USA and then get “deported”. I support that option if there’s one close to you.

 

https://www.cbp.gov/travel/preclearance?language_content_entity=en

 

If not, in this kind of situation I always advocate flying into Canada or Mexico and entering the USA by road. My rational for that is if you’re denied entry, it’s not as stressful as coming on a plane and getting denied and detained before returned. With coming by road you just walk/drive back into Canada.

 

With that said remember a green card can only be taken away by an immigration judge, the worst border patrol can do is put you into removal proceedings however they will have to admit/parole you into the country. It’s the law.

Edited June 7, 2022 by African Zealot

[African Zealot 1,456]

3 hours ago, longsack22 said:

If they are turned away she returns and goes to the early august interview.

Trust me you don’t want to go through being denied entry at the airport, and with children! Usually you won’t get a return flight the same day and will be detained overnight.

It’s extremely stressful. I was detained for 8 hours at Heathrow a few years ago and it’s not pleasant at all.

[hunny&me 274]

Have you tried her applying Returning Resident Visa?

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

[Boiler 46,241]

When did she last live in the US?

 

What has she done to maintain the US as her permanent residency?

[Redro 4,612]

17 minutes ago, Boiler said:

When did she last live in the US?

 

What has she done to maintain the US as her permanent residency?

 

 

[Boiler 46,241]

2 minutes ago, ROK2USA said:

 

 

Well that is confusing....