Any info on the SB 1 visa!?

[K&E2009 71]

Hey all.

I am a non citizen. My wife is usc. 

 

She previously petioned a K1 for me and was successful. Adjusted status, got a 10 year green card.

 

We then moved back to my home country to work. 

 

Since then, I have only re-entered the US on an ESTA as a tourist to visit my inlaws. 

 

We are now thinking about moving back to the US. 

 

When reading up on how to approach it I found the below. Does anyone have any info on this type of visa? You think we'd qualify? Amy success stories out there?

 

Thanks!

 

"If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam."

[Timona 4,207]

Aaa?

[SalishSea 17,824]

46 minutes ago, K&E2009 said:

Hey all.

I am a non citizen. My wife is usc. 

 

She previously petioned a K1 for me and was successful. Adjusted status, got a 10 year green card.

 

We then moved back to my home country to work. 

 

Since then, I have only re-entered the US on an ESTA as a tourist to visit my inlaws. 

 

We are now thinking about moving back to the US. 

 

When reading up on how to approach it I found the below. Does anyone have any info on this type of visa? You think we'd qualify? Amy success stories out there?

 

Thanks!

 

"If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam."

Did you surrender your green card?

 

If not, how were you able to enter on an ESTA as a green card holder?

[Boiler 45,482]

22 minutes ago, SalishSea said:

Did you surrender your green card?

 

If not, how were you able to enter on an ESTA as a green card holder?

I was going to ask that!

[K&E2009 71]

Never formally surrendered it. But I also don't physically have it. Believe it was lost in the mail. When I enter they ask me about it and I just tell them I don't have it anymore. Which, now that we're talking through this, must mean it's been "presumed" abandoned.  

[carmel34 3,625]

A successful SB-1 requires documentation and evidence to show that you could not return to the US in a timely manner, things beyond your control, which does not appear to be the case here.  You chose to leave the US willingly to work abroad.  What, if anything, did you do to maintain US residency since leaving?  How many years have you been living outside the US?  More than likely you will need to go through IR-1 spousal visa consular processing abroad (1-2 years), if you want to return to the US to live.  Or, you could try DCF first if your USC spouse has a job offer in the US.  Good luck!

[Redro 4,611]

1 hour ago, carmel34 said:

A successful SB-1 requires documentation and evidence to show that you could not return to the US in a timely manner, things beyond your control, which does not appear to be the case here.  You chose to leave the US willingly to work abroad.  What, if anything, did you do to maintain US residency since leaving?  How many years have you been living outside the US?  More than likely you will need to go through IR-1 spousal visa consular processing abroad (1-2 years), if you want to return to the US to live.  Or, you could try DCF first if your USC spouse has a job offer in the US.  Good luck!

💯 agree with @carmel34 but will add one more step @K&E2009… you’ll need to formally withdraw your green card before your with petitions you as you are potentially still a green card holder… 

 

ETA: have you and your wife been filing US taxes? Just your wife? Neither of you? 
ETA2: When does the 10 year GC expire? 
@Mike E might have some words of wisdom… 

Edited May 20, 2023 by Redro

[Mike E 11,739]

12 hours ago, K&E2009 said:

Adjusted status, got a 10 year green card.

No that did not happen.
 

Your timeline is a mess, but from you post history it seems you did file I-751,  it was approved, and your 10 year gc was never received.

 

If so, your best move here is to:

 

* File I-90

* fly to Canada or Mexico

* walk to the border

* present your I-90 receipt, I-751 approval

* and expect a long day at the port of entry, and an I-193 fee. But you will be admitted.

 

SB-1 will not be approved

 

If I-751 was not approved, then it is IR-1 for you. Do even bother with I-407.

[Redro 4,611]

5 minutes ago, Mike E said:

No that did not happen.
 

Your timeline is a mess, but from you post history it seems you did file I-751,  it was approved, and your 10 year gc was never received.

 

If so, your best move here is to:

 

* File I-90

* fly to Canada or Mexico

* walk to the border

* present your I-90 receipt, I-751 approval

* and expect a long day at the port of entry, and an I-193 fee. But you will be admitted.

 

SB-1 will not be approved

 

If I-751 was not approved, then it is IR-1 for you. Do even bother with I-407.

As OP is from Ireland would it be recommended to go through Dublin pre clearance or is it always better to walk to the border? 

[Mike E 11,739]

Just now, Redro said:

As OP is from Ireland would it be recommended to go through Dublin pre clearance or is it always better to walk to the border? 

Even U.S. citizens get denied entry at pre clearance stations.
 

The reason is mostly because of https://www.cbp.gov/document/guides/carrier-information-guide-english

 

In that document, CBP lists the documents citizens, LPRs, and aliens must use to fly to the U.S. 

 

OP does not possess a valid document. 
 

So only a port of entry on U.S. soil works.

[K&E2009 71]

1 hour ago, Redro said:

💯 agree with @carmel34 but will add one more step @K&E2009… you’ll need to formally withdraw your green card before your with petitions you as you are potentially still a green card holder… 

 

ETA: have you and your wife been filing US taxes? Just your wife? Neither of you? 
ETA2: When does the 10 year GC expire? 
@Mike E might have some words of wisdom… 

My wife has been filing taxes every year we've been in Ireland (7 years)

[Redro 4,611]

3 minutes ago, K&E2009 said:

My wife has been filing taxes every year we've been in Ireland (7 years)

Did she file MFS?

Good to know… as often USCs who leave the country don’t realize they have to file taxes…
You have not been filing US taxes? Then SB1 is probably out for this reason, too… 

Follow @Mike E’s advice if you want to move to the US soon alternatively you need to check your status and formally give up your GC otherwise your wife won’t be able to petition you… (you can’t petition someone if they already have a GC). 

Edited May 20, 2023 by Redro

[Mike E 11,739]

8 minutes ago, Redro said:

you can’t petition someone if they already have a GC). 

Surprisingly, USCIS and DoS are fine with that, especially  if the LPR has been absent 2 or more years. And if the LPR was actually a CPR with no pending I-751, USCIS and DoS arguably are not breaking the law.

 

I have seen DoS issue F-1 student visas to obvious U.S. citizens.

 

At the POE, CBP sometimes catches this nonsense.

Edited May 20, 2023 by Mike E

[Redro 4,611]

7 minutes ago, Mike E said:

Surprisingly, USCIS and DoS are fine with that if the LPR has been absent 2 or more years. And if the LPR was actually a CPR with no pending I-751, USCIS and DoS arguably are not breaking the law.

 

I have seen DoS issue F-1 student visas to obvious U.S. citizens.

So, no need to file I407

If OP is only considering moving to the US in 18-the 24 months wife can file I-130 now and they can consular process? 

This holds even if OP has a 10 yr GC that has not yet expired? 

Older post shows OP received 10yrGC in 2015... but left August 2015 before they received it...  So, 10 yr is up for renewal in 2025... 

 

 

Edited May 20, 2023 by Redro

[K&E2009 71]

6 hours ago, Mike E said:

No that did not happen.
 

Your timeline is a mess, but from you post history it seems you did file I-751,  it was approved, and your 10 year gc was never received.

 

If so, your best move here is to:

 

* File I-90

* fly to Canada or Mexico

* walk to the border

* present your I-90 receipt, I-751 approval

* and expect a long day at the port of entry, and an I-193 fee. But you will be admitted.

 

SB-1 will not be approved

 

If I-751 was not approved, then it is IR-1 for you. Do even bother with I-407.

Do you think USCIS would be able to provide me with a copy of my I-751approval from 2015?