Dt Varnum

Hi, My future fiancee used to live and work in San Francisco. She was married to an
american man. She had a green card which expired in 2000. She was out of the country
for over 5 years. During this time her then husband left her and came back to the US.
I met her later and helped her get her divorce. We want to get married. My question:
Is it possible to get her permanant residence status back without doing it all over?
Or should we just go with the fiancee visa?

Also I wonder if during the I-190 process when they find out she was a permanant
resident, if that will go against her getting the fiancee visa? Will the INS try to
tell her to re-apply for her GC since she had one before. She also has a SSN. She
used to work for the county Library in Union City, Ca. She will be here (we have know
each other for 4 years and she is a writer and travels here often) .

Thanks friends.

Des

Go with the K-1, as she abandoned status on her green card long ago (unless she has
proof of filing I-131 with approval by the INS).

I don't think that her previous green card would be held against her if she has
documentation of her divorce. Also, what visa does she frequently travel on? If it is
not her old green card, then she obvioulsy claims alien status for herself, and you
need to file K-1 for her.

- Des

Mrtravel;

Des wrote:
    > Go with the K-1, as she abandoned status on her green card long ago (unless she has
    > proof of filing I-131 with approval by the INS).

I doubt an I-131 filing is meant for a 5 year absence.

    > I don't think that her previous green card would be held against her if she has
    > documentation of her divorce. Also, what visa does she frequently travel on?

What do you mean "travel on"? Normally it would be used for entering the US, but if
she isn't coming to the US, would she use it?

Folinskyiinla

[email protected] (DT Varnum) wrote in message
news:<[email protected]>...
    > Hi, My future fiancee used to live and work in San Francisco. She was married to an
    > american man. She had a green card which expired in 2000. She was out of the
    > country for over 5 years. During this time her then husband left her and came back
    > to the US. I met her later and helped her get her divorce. We want to get married.
    > My question: Is it possible to get her permanant residence status back without
    > doing it all over? Or should we just go with the fiancee visa?
    > Also I wonder if during the I-190 process when they find out she was a permanant
    > resident, if that will go against her getting the fiancee visa? Will the INS try to
    > tell her to re-apply for her GC since she had one before. She also has a SSN. She
    > used to work for the county Library in Union City, Ca. She will be here (we have
    > know each other for 4 years and she is a writer and travels here often) .
    > Thanks friends.

An immigration lawyer in Los Angeles comments:

Former permanent residents can get a new grant. I would start over based on what you
say. There may be other facts you don't mention which might change this feeling, but
I'm not your lawyer and won't ask.

By the way, lawful permanent residence status does not "expire" -- however, a green
card itself, which is only evidence of PR does expire.

Mrtravel

FolinskyiInLA wrote:
    > By the way, lawful permanent residence status does not "expire" -- however, a green
    > card itself, which is only evidence of PR does expire.

It doesn't expire, but if you no longer reside in the US, you can effectively abandon
it. At the POE:

Q: How long have you been out of the US?
R: 5 years
S: Sorry, your green card is no longer valid

Dt Varnum

Thanks for all your help. My future fiancee was out of the country living in Malaysia
for over 5 years. She told me that when her and her then husband came back to
Malaysia to live and start a business, she rarely went back to the US althought he
did frequent back to the US. So much so that he didn't come back on one occasion and
she was an abandoned wife. She told me the immigration agent at the Malaysian airport
told her that since her green card was expired she had to travel on a tourist visa
like everyone esle. She applied and didn't question it. She was in California last
April of 2002 and will be here at the end of September. I am going there to propose
and see her family. My main concern would be if the INS or her consulate would have
any objection to giving her a K-1 visa once they know she is/was a permanant resident
here in the US. Since her residency doesn't expire (but her GC does, expired in 2000)
would the Consulate say in the interview that she already has permanant residence
status and tell her to reapply? or will they just say it's expired and move on with
the Fiancee visa process? She does have a Social Security Card already. I don't think
that expires. Any comments appreciated.

dtv


On Wed, 28 Aug 2002 04:34:58 GMT, [email protected] (DT Varnum) wrote:

    >Hi, My future fiancee used to live and work in San Francisco. She was married to an
    >american man. She had a green card which expired in 2000. She was out of the country
    >for over 5 years. During this time her then husband left her and came back to the
    >US. I met her later and helped her get her divorce. We want to get married. My
    >question: Is it possible to get her permanant residence status back without doing it
    >all over? Or should we just go with the fiancee visa?
    >Also I wonder if during the I-190 process when they find out she was a permanant
    >resident, if that will go against her getting the fiancee visa? Will the INS try to
    >tell her to re-apply for her GC since she had one before. She also has a SSN. She
    >used to work for the county Library in Union City, Ca. She will be here (we have
    >know each other for 4 years and she is a writer and travels here often) .
    >Thanks friends.

klomdz

:PARTY:

Mrtravel

PR status in her case did not expire, since PR status doesn't expire. In her case, PR
status was abandoned. Abandonment does depend on whether the card expired or not, it
depends on the actions of the PR. Living out of the US for 5 years would be
sufficient enough reason to consider it abandoned.