Re-entering the US as a US Citizen Spouse

[valentinanola 17]

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 41,836]

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

Edited April 2 by Crazy Cat

[Dashinka 24,488]

This did seem familiar.  Did you file the I407?

 

 

Edited April 2 by Dashinka

[valentinanola 17]

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?

[valentinanola 17]

20 minutes ago, Crazy Cat said:

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

 

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

17 minutes ago, Dashinka said:

This did seem familiar.  Did you file the I407?

 

 

 

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 4,611]

41 minutes ago, valentinanola said:

 

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

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 6,491]

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

[Crazy Cat 41,836]

1 hour ago, valentinanola said:

we ended up having to stay due to Covid

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

Edited April 2 by Crazy Cat

[valentinanola 17]

18 minutes ago, Crazy Cat said:

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

 

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

[Liam2021 583]

21 minutes ago, valentinanola said:

 

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

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 4,611]

33 minutes ago, valentinanola said:

 

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

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… 

[D-R-J 192]

If your husband got a job offer, you might qualify for DCF. It’s something to look into. The process is significantly faster than normal I-130 process. Does you husband have a valid residence permit in Italy?

Edited April 2 by D-R-J

[Redro 4,611]

22 hours ago, valentinanola said:

 

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

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 3,812]

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