Obtaining a SB-1 after visiting the US/losing Green Card

[thefuj46]

I am a US citizen and my wife currently has a green card.

I was temporarily transferred to Japan for work and I have recently been extended an extra 3 years here.

My wife is a Japanese citizen and we currently have one child with dual citizenship and a second on the way.

Until now we have been visiting the US once a year to keep her green card status. Now with children/pregnancy it is getting difficult to always visit right before the 1 year time limit is up and extend for another year.

To make things easier, I would like to have her give up her green card status. However, I still would like her to visit my family in the US at least 2 times over the next 3 years. Mainly to spend time with my family and continue the children(s) chance for more English immersion.

My main concern is after my time working abroad is up, will the only option be to re-apply for her green card? She will probably go back into the US as a tourist for a month+ in between now and our eventual return home. Will she still be able to apply for an SB-1 visa? it seems like getting the SB-1 might be slightly easier/faster.

Thank you

[newacct]

I am a US citizen and my wife currently has a green card.

I was temporarily transferred to Japan for work and I have recently been extended an extra 3 years here.

My wife is a Japanese citizen and we currently have one child with dual citizenship and a second on the way.

Until now we have been visiting the US once a year to keep her green card status. Now with children/pregnancy it is getting difficult to always visit right before the 1 year time limit is up and extend for another year.

To make things easier, I would like to have her give up her green card status. However, I still would like her to visit my family in the US at least 2 times over the next 3 years. Mainly to spend time with my family and continue the children(s) chance for more English immersion.

My main concern is after my time working abroad is up, will the only option be to re-apply for her green card? She will probably go back into the US as a tourist for a month+ in between now and our eventual return home. Will she still be able to apply for an SB-1 visa? it seems like getting the SB-1 might be slightly easier/faster.

Thank you

She shouldn't try to enter the US as a tourist if she wants to fight to keep her green card. Applying for an SB-1 returning resident visa is not her only option. If her green card is unexpired, another options is for her to simply travel to the US with her green card and seek entry. Although technically a green card is a valid document for re-entry after an absence of less than one year, the officer has the power to waive the documentary requirements and let her in anyway, potentially with a "warning", if he/she thinks that she did not abandon residence. Or, if the officer doesn't want to waive the requirement, then he/she will request her to sign the form to voluntarily give up her green card. If she wants to give it up anyway, she can sign that. Or, if she wants to fight to keep her green card, she can refuse to sign (remember it is voluntary), and the officer will temporarily let her in, and give her a notice to appear for removal proceedings in immigration court, where she can make her case to the immigration judge that she didn't abandon residence. I think she would have better chances with trying her luck with the immigration officer and immigration judge, than with applying for an SB-1 visa.

[UScitizenFilingforspouse]

I am wondering if you ended up visiting this summer. https://www.immihelp.com/forum/showt...623#post562623

[pmf123]

What's the big deal regarding coming back once a year? You don't have to come back right at the end of the year away