meauxna

In general, for those who are advocating a potential 'PR status not abandoned' tack... what benefit is there for the client (our OP). The costs are fixed and known, as is the outcome (let's say), for her to petition her spouse.

Trying a returning resident or 'PR never abandoned' track will surely cost at least as much if not more than 'simply' re-petitioning. What are some of the reasons the more complicated (to me) method would appeal to her?
From a business POV I see it, I am wondering why the OP would be interested.

crg

I agree that it would be bad to fight the returning resident/abandonment, lose, and then still have to do the I-130 after all when you could have just done the I-130 to begin with. Of course, we don't know enough about the OP's situation. There could be financial, health issues, or a past criminal problem that could make a new immigrant visa application problematic. I'm all for DIY, but this is a very important and complex decision. The OP should just be mindful that an unscrupulous attorney could steer her towards a course of action that is unnecessarily costly when an I-130 would do the trick.

S Folinsky

The reason OP's situation would make a good law school exam is that good question tests "issue spotting." In more popular terms, I would characterize this as visualizing and constructing a legal "decision tree."

The decision tree will have to be traveled by the applicants of course. But they might need a competent navigator. And it is often the desires and feelings of the applicants which help. Also, a decision tree may have paths that my run in parallel. [I think of the UK term "belt and braces."].

This case involves a particularly complicated decision tree.

meauxna

Thanks.. the possible inadmissibilities did cross my mind. I guess the thought of 'an unscrupulous attorney' did too.

dgandhi

hmmm, I don't think inadmissability would be an issue....unless the abandonment of the GC in the first place makes him in admissable (i.e. no legal issues, health issues we know of, and we have savings to cover us well above the minimum requirment).

Is it an issue that I don't have a certificate of citizenship (it asks for the cert numberon the form I-130). I have a very official looking record of my birth from the embassy that says I am a citizen, but this doesn't have a number, and I have my US passport.

I think we would almost certainly go down the spousal petition route, pending a consultation with an attorney. Based on costs I think we will do things like our tax returns ourselves, and a lot of the leg work we will need to do regardless (statements, immunisation records).

thanks everyone for the help

Rete

You're not a naturalized US Citizen, so you wouldn't have a number.

dgandhi

thanks Rete, however on the form (item 13) it asks how I derive my citizenship (through my mother), and is so do I have a certifcate in my own name. I have this, and I have a US passport, however the certificate I have doesn't have a number on it.

ian-mstm

I really don't understand your confusion.

Did you acquire US citizenship via your parents? Yes/No. If "yes", say so.

Do you have a Certificate of Citizenship in your own name? Yes/No. If "yes", say so. When you say you have a "very official looking record of my birth from the embassy that says I am a citizen"... is it actually called a "Certificate of Citizenship" or is it something else? If it's something else, then you don't have a Certificate of Citizenship... and you say "no" on the form. If it is a CoC, then where it asks for a number, you put down "doesn't have one".

Ian

meauxna

Many immigration words have their own specific meaning which is why you are getting confused (your US passport, btw, is sufficient proof of your citizenship for petitioning). When you read this, the answer should be clear:

http://www.uscis.gov/files/article/A4eng.pdf

What documents are usually accepted as proof of U.S. citizenship?

The most common documents that establish U.S. citizenship are:

• Birth Certificate, issued by a U.S. State (if the person was born in the United States), or by the U.S. Department of State (if the person was born abroad to U.S. citizen parents who registered the child’s birth and U.S. citizenship with the U.S. Embassy or consulate);

• U.S. Passport, issued by the U.S. Department of State;

• Certificate of Citizenship, issued to a person born outside the United States who derived or acquired U.S. citizenship through a U.S. citizen parent; or

• Naturalization Certificate, issued to a person who became a U.S. citizen after 18 years of age through the naturalization process.

A I

This makes perfect sense. Known time line and known outcome (as much as can be known with USCIS/DoS anyway.)


Unless the OP has issues meeting the current $$$ requirements to Sponsor or the husband has issues that would make him ineligible to receive GC again (Health/Crime, etc), I'd file the petition with the consulate if it was me.