Tweet
Hi,
I am a U.S. citizen and my wife of 21 years first received a 10-year green card in March 2008. In 2014, we had to return to her home country (Guatemala) with the expectation of staying for less than a year, but due to unforeseen circumstances, we had to stay more than three years. This required us to apply at the embassy for an SB-1 (returning resident) visa. To receive this visa, you must prove you never intended to abandon U.S. residency, and explain what the unforeseen circumstance were that prevented you from returning in less than one year. She applied and successfully convinced the consulate in Guatemala that she had the right to return, the SB-1 was approved, we paid the fees, and she received the new visa (6 months).
We returned to the US at the end of February and her green card expired on March 18. The move was so hectic, we didn't apply for the renewal until a few weeks after that date, but we were told no problem, she was here legally with the SB-1 and it is okay to renew your green card after it has expired. So, she filed the form (I-90, I believe), paid the $540 (!!!) and had her interview today at the local USCIS office.
She came out of the office with a long face and said, "Bad news. They are only giving me a one-year extension, then I have to apply for a new ten-year renewal of my green card."
It appears to me to just be a common procedural thing, but my wife (a worrier) thinks it means she could be deported at some point. Is a one-year extension under these circumstances normal, or is my wife justified in her concern? By the way, she's never had any legal problems, never entered the U.S. illegally, etc.
Thanks in advance for your help!
I am a U.S. citizen and my wife of 21 years first received a 10-year green card in March 2008. In 2014, we had to return to her home country (Guatemala) with the expectation of staying for less than a year, but due to unforeseen circumstances, we had to stay more than three years. This required us to apply at the embassy for an SB-1 (returning resident) visa. To receive this visa, you must prove you never intended to abandon U.S. residency, and explain what the unforeseen circumstance were that prevented you from returning in less than one year. She applied and successfully convinced the consulate in Guatemala that she had the right to return, the SB-1 was approved, we paid the fees, and she received the new visa (6 months).
We returned to the US at the end of February and her green card expired on March 18. The move was so hectic, we didn't apply for the renewal until a few weeks after that date, but we were told no problem, she was here legally with the SB-1 and it is okay to renew your green card after it has expired. So, she filed the form (I-90, I believe), paid the $540 (!!!) and had her interview today at the local USCIS office.
She came out of the office with a long face and said, "Bad news. They are only giving me a one-year extension, then I have to apply for a new ten-year renewal of my green card."
It appears to me to just be a common procedural thing, but my wife (a worrier) thinks it means she could be deported at some point. Is a one-year extension under these circumstances normal, or is my wife justified in her concern? By the way, she's never had any legal problems, never entered the U.S. illegally, etc.
Thanks in advance for your help!
Comment