Green card holder oversea

[Angiew33]

Hi,

I’ve been a LPR (spouse of US citizen) since 2017. I’ve been abroad since September 2019. I can’t go back to the US for now because my dad is sick and dying. However I’m with my daughter and had to get a job so I could take care of us during this time. The French embassy told me that I must apply For a SB1 visa but it will be denied. And then My husband could petition me for spouse visa.
I was planning on filling out the I407 (abandon of green card) and then my husband would petition for spouse visa.
what would be the best option??

thank you!

[newacct]

You have been away for less than 1 year, so you can still just use your green card to return. Even after 1 year, it is still possible for them to just let you in with just a green card without a Re-entry Permit or SB1 visa. The officer has discretion to waive the documentary requirement.

[sach_nyc]

it will be good if you make a quick trip to usa and come back. you can still retain your gc