Conway1

My husband is a uk citizen and I am a us citizen. We've been living in the U.K. For 17+ years. Before that my husband and I lived and worked in the us for 19 years. He was approved a visa and held a green card with a social security number and alien number.

It is now coming to the time we want to return to the us. He never became a citizen so he will therefore need another visa.

I am wondering if someone could help me answer this question...

What is the process for a former green card holder returning to the us. Would I still be required to file the I-130 petition and then go from there following the steps or is there an alternative?

lansbury

You will need to file as if it is a new application, and go through the whole process again.

Conway1

Just as I thought. Thank you so much for clarifying

Rete

Did your husband formally relinquish his green card? If not, then he needs to do so via form I-407. As seen recently by another in this forum, she was not issued her new IR-1 visa until she had returned her old green card to USCIS via form I-407.

My next question is for you. As a USC, have you been filing your US income tax returns annually? If not, and you have had income in the amount designated as reportable and over a certain amount, you need to file your returns. Double check, but I believe you need to file at least the last three years.

Also have you considered who is qualified to sponsor your husband if you do not have the amount of assets required to do so. The assets need to be 3x the poverty guidelines number for a household your size.

Embrta

OK thanks you for answering these questions. That is very helpful.

Pulaski

BTW your husband's SSN is still there. SSNs are granted for life, and in fact he couldn't change it or get a new one even if he wanted to.

Conway1

I have not which means I will need to file late returns. It would be easier for me to file as a single tax payer but we don't owe any taxes even if filed married filing jointly, so is there any problem filing single now and then filing married filing jointly when back in the states?

Thanks again for your help.

Rete

You can't file "single". You probably mean you will file "married, separate". No that is not a problem changing categories in the future.

MidAtlantic

You may also need to file an FBAR and Form 8938.
The FBAR is not part of your tax. It is filed on-line separately.

More info here:
https://www.irs.gov/businesses/compa...r-requirements

Conway1

Regarding my husband relinquishing his green card and filing the I-407 form would he have to wait any length of time before he can reapply for a new green card? Or can he relinquish his green card and then reapply straight away?

Noorah101

There is no waiting time. He can do one right after the other.

Rene

Pulaski

Given the length of time that the CR-1 will take anyway, there is nothing to stop him starting the visa application process then sending the I-407 several weeks, or even months later, but there is absolutely no good reason to delay.

We know this because one of out members hit a stumbling block three months ago (July 2017) around the time of her interview and ended up having to file her I-407 after her interview before they would issue her a new CR-1.

elizabethsmum

Yes that was me 😊 it was super easy to relinquish my old expired visa and I am now in America with a new green card.

Conway1

I have filled in the I-407 and I have sent it to relinquishe my green card. However on the application 1-130 and I-130a it asks for my alien registration number but If I relinquish it then do I still use that old green card number? Or do I just act as if I don't have one?

Conway1

My husband has returned his green card along with the I-407 and I have also filled in the I-130 and I-130a and on those forms they ask for my alien number. So do I use my green card number that I have surrendered or do I act as though it no longer exists?