Moving (back to) the US with American spouse & kids

[Lve 0]

Hi all,

 

I haven't been on here in a long while, and have a few questions about the situation I am in. The resources on VJ really helped me when I was first dealing with US immigration 12 years ago!

 

Back in 2011 I moved to the US on a K1 visa, got married, did the AOS, removal of conditions, and eventually received a 10 year green card. I got a job, we bought a house, we had kids(dual citizens US and NL). Then, the pandemic happened and it was much harder not to be near my family. We decided to move to the Netherlands, where I am from, to be close to my family for a while. My husband (American) found a job and we finally moved summer 2022. 

 

I like it here but know I don't want to stay forever - I think we would want to move back to our house in the US in Summer 2024. I would like some advice regarding the steps to take to make this happen. I haven't yet given up my GC, but realize I will probably have to do that. It doesn't seem like I meet the criteria for a readmittance visa since I left voluntarily to live outside the US. It is all a bit confusing, and frankly, scary to see the processing times for visas etc. It almost seems as though I would need to apply for a new visa in the next few months if we want any chance of getting an immigration visa in that time frame. And will I be allowed to travel to the US to see our family, friends, and take care of things regarding our house?

 

Any help would be much appreciated, I am kind of freaking out over here. 

[Mike E 11,739]

Backlogs for IR-1 are high.  
 

You should have filed for a re-entry permit before leaving. 
 

Now the  simplest is for you to try to come back to the USA now.  Odds are good you will be admitted without incident as a returning resident. If so, file I-131 to get a re-entry permit and then return to Netherlands. 
 

CBP might instead decide you’ve abandoned your LPR status. If so you will be invited to sign I-407 to relinquish your LPR status or you can refuse. 

 

If you refuse you will be admitted but will likely have your gc taken and given a temporary I-551 in return. You will also likely get a notice to appear (NTA) for s hearing to revoke your LPR status. At your hearing you can make the case that the pandemic caused you have an extended absence.  You will want a lawyer at your side.