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Visa For US Citizen's spouse who had Green Card but Abandoned now

By bhusan in General Immigration-Related Discussion

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bhusan Newbie

bhusan   0

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Hello

Here is scenario 

1- My Spouse had US Green Card, But due to some family issue we all had to back to India.

2- As it has been more than 8 years after we left USA, So assumption is that Green Card is abandoned per US rule.

3- Now we need Visa to visit USA as our SON is working there and he is USC. ( Apart from my spouse all other in my family me, my kids are USC)

 

What is process to get visa in this case? I am really confused.  Please guide/help me ..

Thanks

Boiler Grand Master

Boiler   45,789

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Certainly to visit your spouse would need a B Visa. Consulate will no doubt wish to check a I 407 has been filed,.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Mike E Grand Master

Mike E   11,741

Posted
Filed: Citizen (apr) Country: Myanmar
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Posted (edited)
47 minutes ago, bhusan said:

Hello

Here is scenario 

1- My Spouse had US Green Card, But due to some family issue we all had to back to India.

Is the green card expired?

 

Quote

2- As it has been more than 8 years after we left USA, So assumption is that Green Card is abandoned per US rule.

Unless I-407 was filed, your spouse remains an LPR. 
 

Quote

3- Now we need Visa to visit USA as our SON is working there and he is USC. ( Apart from my spouse all other in my family me, my kids are USC)

 

What is process to get visa in this case? 

Legally your spouse is not eligible to get a B visa because your spouse is an LPR.  However I never under estimate the incompetence of the department of state (dos). 
 

Options:

 

1. Assume dos is incompetent and apply for a B visa. Lead times are lengthy (a year or more?). 
 

2. File I-407 with USCIS and wait for that to be confirmed before applying for a B visa. I believe there is also a process to do this with the embassy. 
 

3. Travel to the U.S. on the green card, file I-407 at the port of entry, and request entry to the U.S. on a B status. 
 

4. Travel to the U.S. on the green card and do not file I-406 at the port. CBP will either admit your spouse as a returning resident (meaning the LPR status is intact and not in dispute) or as an arriving alien (meaning the LPR status is intact  and in dispute, and your spouse will get a notice to appear in immigration court to revoke LPR status). If your spouse isn’t actually interested in remaining an LPR, file I-407 some time later.  
 

Of all the options, 4 is the most practical as your spouse has a valid boarding document now: a green card. 
 

I have my doubts your spouse will ever get a B visa anyway given you and your children are U.S. citizens. 

Edited by Mike E
TBoneTX Grand Master

TBoneTX   45,668

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread is moved from the K-3 Process forum to General Immigration Discussion.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

bhusan Newbie

bhusan   0

Posted
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  • Author
Posted
12 hours ago, Mike E said:

Is the green card expired?

 

Unless I-407 was filed, your spouse remains an LPR. 
 

Legally your spouse is not eligible to get a B visa because your spouse is an LPR.  However I never under estimate the incompetence of the department of state (dos). 
 

Options:

 

1. Assume dos is incompetent and apply for a B visa. Lead times are lengthy (a year or more?). 
 

2. File I-407 with USCIS and wait for that to be confirmed before applying for a B visa. I believe there is also a process to do this with the embassy. 
 

3. Travel to the U.S. on the green card, file I-407 at the port of entry, and request entry to the U.S. on a B status. 
 

4. Travel to the U.S. on the green card and do not file I-406 at the port. CBP will either admit your spouse as a returning resident (meaning the LPR status is intact and not in dispute) or as an arriving alien (meaning the LPR status is intact  and in dispute, and your spouse will get a notice to appear in immigration court to revoke LPR status). If your spouse isn’t actually interested in remaining an LPR, file I-407 some time later.  
 

Of all the options, 4 is the most practical as your spouse has a valid boarding document now: a green card. 
 

I have my doubts your spouse will ever get a B visa anyway given you and your children are U.S. citizens. 

Hello Mike

Thanks for your suggestions. Regarding option 4,

1- What will happen if Green Card is expired ? 

2- Is any possibility that they will deport her from airport itself? or they are bound to let her in as she has LPR and ask her to go through legal processes. 

 

 

Thanks

Mike E Grand Master

Mike E   11,741

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted
3 hours ago, bhusan said:

Hello Mike

Thanks for your suggestions. Regarding option 4,

1- What will happen if Green Card is expired ?

If it is a 10 yar gc then airlines are permitted to board the LPR on a flight to the USA. At the port of entry, the LPR might be required to sign I-193 and pay the fee, unless the LPR has an extension letter that has not expired.

3 hours ago, bhusan said:

2- Is any possibility that they will deport her from airport itself? or they are bound to let her in as she has LPR and ask her to go through legal processes. 

It would be illegal for CBP to deport her from the USA. She is an LPR until she signs I-407 or until an immigration judge revokes her status.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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