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valentinanola

Re-entering the US as a US Citizen Spouse

By valentinanola in IR-1 / CR-1 Spouse Visa Process & Procedures

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valentinanola Explorer

valentinanola   17

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

Hello everyone,

 

In 2016 I moved from London (I'm an Italian citizen who lived in the UK) to the US on a K-1 visa and married my now husband in New York. We had our first child in 2018, and in August 2019 we decided to come to Italy for a long stay (6 months) to allow my parents to spend time with our child. A few months later Covid hit and we were unable to move back due to a new pregnancy and loss of job. This means that my green card expired and I wasn't able to renew it.

 

Now we would like to move back to NYC with our children, however as I am the only one with no citizenship I was wondering what would be the best way forward to reapply to move back. We do not have any assets in the US and our only co-sponsor would be my mother in law, as my husband currently works here and does not own any property back in NYC.

 

Any info would be much appreciated.

 

Thanks!

Crazy Cat Grand Master

Crazy Cat   43,336

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

To clarify, you had a conditional Green Card, but never submitted an I-751 to remove condition.  Is that correct?

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Dashinka Grand Master

Dashinka   25,332

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted (edited)

This did seem familiar.  Did you file the I407?

 

 

Edited by Dashinka

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

valentinanola Explorer

valentinanola   17

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted
  On 4/2/2024 at 12:43 PM, Crazy Cat said:

To clarify, you had a conditional Green Card, but never submitted an I-751 to remove condition.  Is that correct?

Expand  

 

Exactly, and it expired while I was in Italy and we ended up having to stay due to Covid

  On 4/2/2024 at 12:46 PM, Dashinka said:

This did seem familiar.  Did you file the I407?

 

 

Expand  

 

Thanks Dashinka, I did not. It all seemed very complicated and I just went back and re-read those threads and couldn't find any clarity.

 

I do not understand what is the best way forward for us... and I-130?

Redro Experienced

Redro   4,613

Posted
Filed: IR-1/CR-1 Visa Country: South Africa
 Timeline
Posted
  On 4/2/2024 at 12:49 PM, valentinanola said:

 

I do not understand what is the best way forward for us... and I-130?

Expand  

File I407.

File I130.

wait.

While you wait decide if you want to 

a.) Have your husband move back to the US to secure a job.

b.) Save money and have it in your bank account in Italy or move it to a bank account in the U.S. (helps with intent to reestablish domicile). 
Currently your husband will need to make $39,000 for a family of 4 or 3 times that in savings. 
Your assets do not need to be in the US. You just have to show you are able to access the money in the US. 

JeanneAdil Grand Master

JeanneAdil   6,858

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

while working in Italy after covid ,  did USC husband file US tax returns on foreign income?

this income does not count , as u know , for sponsorship,  but he is required to file US tax returns no matter where he lives

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Crazy Cat Grand Master

Crazy Cat   43,336

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
  • Popular Post
Posted (edited)
  On 4/2/2024 at 1:04 PM, valentinanola said:

we ended up having to stay due to Covid

Expand  

The US was always open to returning citizens and Green card holders.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Liam2021 Proficient

Liam2021   587

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted
  On 4/2/2024 at 2:46 PM, valentinanola said:

 

Our jobs laid us off as soon as Covid hit, we couldn't move back with no job.

Expand  

USCIS will not care if you lost your job or not because you're LPR at that time and you know that you have I-751 need to be take care of. For now, new I-130 then wait.

Redro Experienced

Redro   4,613

Posted
Filed: IR-1/CR-1 Visa Country: South Africa
 Timeline
Posted
  On 4/2/2024 at 2:46 PM, valentinanola said:

 

Our jobs laid us off as soon as Covid hit, we couldn't move back with no job.

Expand  

And now it is difficult to move back for other reasons. 
And you cannot even visit the US as a tourist until you file I407… 

Redro Experienced

Redro   4,613

Posted
Filed: IR-1/CR-1 Visa Country: South Africa
 Timeline
Posted
  On 4/2/2024 at 1:04 PM, valentinanola said:

 

I do not understand what is the best way forward for us... and I-130?

Expand  

If you are still confused about the best way to move forward. I suggest you contact a lawyer. 
First lawyer, Hacking is on YouTube. He gives free advice on his channel.

 

Ryan H Grand Master

Ryan H   3,853

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from What Visa Do I Need - Family Based Immigration forum to IR-1/CR-1 Process & Procedures.

Our journey:

  Reveal hidden contents

 

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

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