expired greencard

[akobuang]

Hello everyone my name is Dan.. I have a question and hoping someone will have some insight on what i should do. Im married to a filipina and currently living in the philippines. My wife and i were married in march of 2002 in the usa and we lived there for 2 years after we were married. She had a 2 year green card and filed to remove the condition but before we had a response from the ins we ended up moving to the phils thinking we would stay there forever and retire there. But now after being here for a couple years we would like to come back but i know her visa is expired and i believe they would say she abandoned the greeen card. Any ideas on what forms i need to complete or what can be done so we can return? Thx much!! Dan

[Ray]

Hi Dan, welcome aboard!

Yes, since she has been away for over a year, her permanent residency is considered to be abandoned.

IF she had originally intended to return to the US within a year but unforeseen circumstances made that impossible, then she could file a petition as a “returning resident” at the embassy in Manila. That would be the fastest way and it will cost $400 to try it. But from your explanation above, she would likely be turned down.

That leaves you with the option of re-filing an I-130 spouse petition from scratch. But keep in mind that you will probably have to go back alone about 3-6 months in advance of her visa interview to establish U.S. domicile.

I would contact the Homeland Security Office at the US embassy in Manila and see what her current immigration status is and then take it from there.

http://manila.usembassy.gov/wwwh3206.html

Also, the Immigrant Visa Branch can give you more info:

http://manila.usembassy.gov/wwwh3234.html

Do you have any kids over there?

Ray

[Dave H]

Hi Dan,

Welcome to P-L! Ray covered all the basis on your question. You might have been able to pull the 'taking care of an old, sick parent routine' if she had only overstayed a month or two. Good luck!

Dave

[william3rd]

If she is abandoning, she may qualify for a tourist visa. If not abandoning, did you file tax returns overseas. . . There may be a waiver available.

[akobuang]

Ok thx for the info.. Looks like i will just file a I-130 and petition her. We were married in the states and the last petition i filed was an I-129. Does this I-130 requre g-325s from us both and do i also need to complete an affadavit of support? I have family in the states that will mail in the paperwork for us using our future address so i should be able to stay in the phils until she is approved.. hoping anyway. Thanks much!!

[william3rd]

Yes to all- but talk to the US consulate first before you file

[william3rd]

Ok thx for the info.. Looks like i will just file a I-130 and petition her. We were married in the states and the last petition i filed was an I-129. Does this I-130 requre g-325s from us both and do i also need to complete an affadavit of support? I have family in the states that will mail in the paperwork for us using our future address so i should be able to stay in the phils until she is approved.. hoping anyway. Thanks much!!

US citizens living abroad have different filing instructions than those in the US. Follow directions. . .