Got a BIG problem, my first post and desperate for help! I'm the Husband of US citizen, we married in 2012 and got my US Citizen Wife settled in UK and obtained her UK citizenship and passport. We much later then applied for a US spouse visa in 2018, got my green card (LPR) in 2019 and moved to USA in August 2020, with the intent to spend the required more than 50% of the next 3 years there to meet naturalization requirements and then apply for my Citizenship, I also got my social security card. We left the US to return to UK in March 2020, after 8 months presence, then intended to go back in less than 6 months to start the 2nd year of the process - THEN COVID HIT so we were unable to return as planned.
We VERY STUPIDLY were completely unaware of the rule where being out of the US more than a year is a problem and we haven't been back to USA since, due firstly to COVID lockdown (which held us out of the US for more than a year anyways) then more recently decided to work on releasing some of my property in UK ready to move to US.
Without realising this would be a problem, we are booked on a flight to USA next week, intending to stay just over six months, thinking we could just restart the naturalization process when we just discovered this problem yesterday. We are also just about to finish buying a house in USA in the next couple of days. which was the reason for going now, to work on that (background = we bought a small condo in US in 2020 as our main residence and have owned several rental properties there which we bought in 2008, we recently sold two of the condos which is paying for the new house which is to be our new main residence and we will then sell the small main residence condo once remodelled) We have been filing joint US taxes on the rental condos income since I got my green card and FBARs for any UK income earnt while there (we work freelance in UK on short term contracts)
What would be the best way forward for us now? I realise we cannot make the flight next week without severely risking my refusal at POE with LPR. We have hastily booked an SB-1 appointment at the London Embassy tomorrow, but after then looking at the only valid reasons for approval such as medical incapacity I cannot see me being successful, as we didn't try to go back to US straight after COVID, didn't apply for a re-entry permit and have now been out of US over 3 years, also looking at the horror stories online with SB-1 interviews and people being banned after, I think it could do us more harm than good?
After researching online till 4am this morning, I think I may need to complete a I-407 form officially renouncing my green card, wait for confirmation of that then reapply again with a new I-130? spouse sponsorship.
Do I actually need to complete the I-407 and return the green card as some say its deemed as renounced by the period of absence? Surely I have to give the card back?
Some sites suggest getting an ESTA then renouncing the green card upon entry with border officer if they require it after explaining the situation? but I dont want to cause myself any problems or risk of getting a denial of entry, a ban etc.
If I do complete the form to renounce, am I able to go to US on an ESTA, to visit Wifes family and put some security in the new house BEFORE receiving the I-407 confirmation? - I understand I can go on ESTA during the spouse visa new application process.
Does anyone have any experience going to the US on an ESTA without the I-407 confirmation, during the I-130 process or even not sending the I-407 at all
I can prove ties to US with houses, tax filing etc, Wifes bank accounts, my social security card - can that help me?
Any urgent advice would be a godsend, even if you can refer me to an expert to help?
Can believe I've screwed up after all the hassle getting my permanent resident card a few years ago......
Thanks so much
Paul