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valentinanola

Re-entering the US as a US Citizen Spouse

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Filed: K-1 Visa Country: United Kingdom
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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!

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Filed: Citizen (apr) Country: Taiwan
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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.. 
 

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Filed: Citizen (apr) Country: Russia
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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!!!!!!!

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Filed: K-1 Visa Country: United Kingdom
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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?

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

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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. 

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Filed: Citizen (apr) Country: Morocco
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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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Filed: K-1 Visa Country: United Kingdom
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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.

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Filed: IR-1/CR-1 Visa Country: Vietnam
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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.

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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… 

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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.

 

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

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

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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