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GCH married to USC returning after 3-year absence

GCH married to USC returning after 3-year absence

Old Sep 6th 2019, 2:19 am
  #16  
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Default Re: GCH married to USC returning after 3-year absence

Originally Posted by Boiler View Post
Let us start from the beginning, did she file a I 407 when she left?
No, she didn't.
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Old Sep 6th 2019, 2:52 am
  #17  
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Default Re: GCH married to USC returning after 3-year absence

Originally Posted by tonrob View Post
No, she didn't.
What has she done to maintain her US residency, if she has been working and filing US taxes?

Your relocation, was it mandated by the US Government? On what basis did you decide to move?

Has sheen back to 'visit' since she left, if so on what basis did she enter.
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Old Sep 6th 2019, 10:07 am
  #18  
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Default Re: GCH married to USC returning after 3-year absence

Originally Posted by Boiler View Post
What has she done to maintain her US residency, if she has been working and filing US taxes?

Your relocation, was it mandated by the US Government? On what basis did you decide to move?

Has sheen back to 'visit' since she left, if so on what basis did she enter.
We've been filing both state and federal taxes. No, our relocation wasn't mandated by the government. She hasn't been to the US since we left in January last year.
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Old Sep 6th 2019, 4:46 pm
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Default Re: GCH married to USC returning after 3-year absence

The most obvious and certainly quickest option would be to return using the existing GC, the POE can only refer you to an IJ, theoretically take you into detention but have not come across that happening, but then what would be the point as once here you could just file to adjust.
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Old Sep 6th 2019, 11:01 pm
  #20  
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Default Re: GCH married to USC returning after 3-year absence

Hey, David, this option was given to him in posts #2 and 3. Perhaps you didn't read these? There were also other suggestions from various experienced members of the group. Thank you for your reiteration of the original option.
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Old Sep 6th 2019, 11:05 pm
  #21  
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Default Re: GCH married to USC returning after 3-year absence

Originally Posted by tonrob View Post
We've been filing both state and federal taxes. No, our relocation wasn't mandated by the government. She hasn't been to the US since we left in January last year.
Instead of springing for a new visa for your wife to the tune of $2 to 3K, buy her a plane ticket to the US for use in the next two months, you probably have enough mileage points to cover it. She can enter the US with her green card, spend a week or so visiting friends and family and then return to Singapore. While here, she can always file the I-131 for the re-entry document as long as she will be here for the biometrics and it can be mailed to a trusted family member in the US or a good friend and then forwarded on to her in Singapore.
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Old Sep 7th 2019, 4:09 am
  #22  
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Default Re: GCH married to USC returning after 3-year absence

I have no experience, but I think turn up and see would be easiest.
The alternative is to get a Lawyer to argue the case, which would be the same as if option one did not work.
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Old Sep 8th 2019, 3:50 am
  #23  
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Default Re: GCH married to USC returning after 3-year absence

I suggest a consultation with J Craig Fong of Fong & Aquino in Pasadena CA.
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Old Sep 8th 2019, 4:39 am
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Default Re: GCH married to USC returning after 3-year absence

Originally Posted by S Folinsky View Post
I suggest a consultation with J Craig Fong of Fong & Aquino in Pasadena CA.
I support this idea
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Old Sep 11th 2019, 11:52 pm
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Default Re: GCH married to USC returning after 3-year absence

I'm married to a USC, had a green card and then we moved to Canada and then back to the US. So yes, I have gone through the process twice. (And a lot more paperwork the second time around.) I eventually gave up my green card as I was asked so many questions when I drove across the border (and, yes, they do keep a record of all those conversations) although I was allowed in every time I did not want to be stopped when I flew into the US.

Having had an immigrant visa previously does not make any difference to the process and timeline nor their standard questions at interview. There are questions on the application regarding previous visas held.

I did become a USC eventually, for many reasons, one being so we could move around easier.
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Old Sep 18th 2019, 8:10 pm
  #26  
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Default Re: GCH married to USC returning after 3-year absence

Originally Posted by tonrob View Post
I'd be grateful if anyone could share experiences or informed advice about my family's situation.

After 10+ years living in the US we moved to Singapore for a 3-year stint that will finish at the end of next year. We may wish to return to the US at that time.

Our status is as follows:

Me: UKC by birth but naturalized as USC while living in the US.
Wife: German citizen and with GC obtained at the same time as me through my employment soon after we initially moved to the US all those years ago.
Daughter: USC by birth and UK/German by descent.

I believe from web research that my wife will have effectively abandoned her residency by the time we return, having been away for 3 years. (We did not seek a re-entry permit before leaving and regardless I think these are valid 2 years max. anyway).

1. Will I have to follow the same process as any USC bringing their spouse to the USA (i.e. as if she'd never lived there)? If so I'll need to get reading up on the process, timelines and costs for that.

2. Does the fact that she's held a GC before in any way complicate the above? If so are there any additional steps required to mitigate?

Thanks in advance.
I would like to expand on why I suggested legal consultation. Your situation presents one of the more complicated issue set in immigration law. If you like reading case law, the two "mother" cases from the Board of Immigration Appeals are Matter of Kane ( in vol 15 Immigration & Nationality Decisions) and Matter of Huang (vol 19). I know that every time I read those decisions, I spotted things I had not noted before.

Your wife should be able to return but the method is a question and there are legal land mines therein.

Good luck.
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Old Apr 21st 2020, 6:49 am
  #27  
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Default Re: GCH married to USC returning after 3-year absence

Hi everyone

It's been a while since I last posted. During the latter part of 2019 we tried to get some input from the local embassy in Singapore who told us that we needed to apply for a new (marriage-based) green card and that this would take 9-12 months. My employer is supporting us in this, and appointed a US-based immigration attorney early in the new year. We filled in some very detailed questionnaires by the end of January, and then didn't hear back for a number of weeks. On chasing, the lawyer advised that "certain steps had recently been added to the process" and that as such the fees would increase. They were given the go-ahead to continue with the process, but it seems as of now they have not filed anything yet. The latest communication last week suggested that we authorize the lawyer who handled Mrs tonrob's previous GC application (which was L2>GC) to release all the paperwork to them as this might help, and that they also suggest that she formerly abandon her previous GC first. They promised to send forms for all of this which we have not yet received.

The lawyer seems fairly relaxed about the timeline, however from re-reading this thread it seems like we don't have even the slightest chance of getting this done and dusted by Xmas, and that's even without any Covid-related disruption (which I assume there might be). Am I right to be concerned about this?

Thanks, as ever, for any and all input.
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Old Apr 21st 2020, 1:44 pm
  #28  
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Default Re: GCH married to USC returning after 3-year absence

Am I right to be concerned about this?
I concur that the chances of this being resolved by Christmas are essentially zero given the current virus and the Orange Ones twitter post from last night.
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Old Apr 21st 2020, 10:13 pm
  #29  
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Default Re: GCH married to USC returning after 3-year absence

Originally Posted by tonrob View Post
Hi everyone


Am I right to be concerned about this?

Thanks, as ever, for any and all input.
The lawyers seem to be very lackadaisical. For how long this is going to take look at how long processing of these types of visas take from Singapore. I don't see why they would need the previous paperwork from her last GC application (unless something has changed drastically). You can easily check on the internet yourself to see what information is required and tell the lawyers to get a move on.

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Old Apr 21st 2020, 11:24 pm
  #30  
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Default Re: GCH married to USC returning after 3-year absence

Originally Posted by gad33 View Post
The lawyers seem to be very lackadaisical. For how long this is going to take look at how long processing of these types of visas take from Singapore. I don't see why they would need the previous paperwork from her last GC application (unless something has changed drastically). You can easily check on the internet yourself to see what information is required and tell the lawyers to get a move on.
From a conservative point of view, it strikes me as a good idea to see what was said in the prior applications. Any discrepancy can come back and bite quite hard. I’m retired but still participate in the immigration lawyer forums (contributing to institutional memory is fun, but I digress). A lot of unpleasant brown material tends to hit proverbial fans these days.
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