Returning resident/ SB-1 Visa

[sayerle]

Hi

I am a US Citizen & left the US with my wife, who holds a Green Card, in June 2010 since I got a new job based in the UK. Part of the reason for going back to the UK was to be closer to my parents, particularly as my father suffers from quite bad depression & my mother has to look after him. Since I wasn't sure how long we would be out of the US, I foolishly DID NOT apply for a re-entry permit for my wife. So, my wife has been continuously out of the US since June 2010 living with me in the UK (under a UK spouse visa as I am also al UK Citizen & she is Japanese, so needs visa). I actually naturalized in May 2010 to become US Citizen as I had a Green Card for >5yrs. My wife didn't do this as she could not keep her Japanese passport (Japan doesn't her to hold another passport as well as a Japanese passport)

I now have an opportunity to return back to the US due to a new job very soon.. What is my wife's chance to secure a Returning Residents/ SB-1 visa? I am assuming the reason she left the US could be described as "beyond her control" as her US spouse (me) secured a new job overseas to be closer to parents so she had to come with me. Please note we own a property in the US & have always filed joint US tax returns even when out of the country plus maintain contact with friends in US. We also have 2 children who are also US citizens.

If the SB-1 would be too difficult, what is the quickest way to get her back into the US?

Thanks for any help or advice

Best wishes
Lee
(currently in UK)

[kevinkallis]

Since you have a property in the US and you filed taxes jointly, you should be able to get a SB visa. Explain to the officials that you did not have intentions of abandoning your residence in the US and tell them the extended stay was beyond your control.

[immihelp]

Read https://www.immihelp.com/returning-r...ncard-holders/

[sayerle]

SB-1 declined

Beware anyone who is applying for SB-1 visa as despite having significant connections to USA, including a US Citizen spouse, children, house + filing tax returns, my wife's DS-117 returning resident status was declined at the US Embassy in London yesterday. She was told she has to apply for Green Card all over again, albeit this can be done more quickly through US Embassy in London with me (US Citizen spouse) as petitioner. Basically, there has to be a real reason preventing you from physically getting on a plane to return to USA such as critical illness, kidnapping or something truly beyond your control. "Accompanying a US Citizen spouse" & having a sick relative is not enough as you can still make the conscious decision to return to the USA. Unfortunately for my wife, the Consular Officer had little sympathy for our family situation & the fact that my wife & children now have to wait many months in the UK whilst the new Green Card application is approved.

[mkhan07]

Returning resident/ SB-1 Visa

Probably it happened because you did not apply for the re-entry permit for her.

[sayerle]

New Green Card obtained

Probably it happened because you did not apply for the re-entry permit for her.

In the end, we reapplied for new Green Card through the US Embassy in London. The petition was filed on/ around 1st April & the Green Card received in hand was on/ around 10th August, which is pretty fast. My wife entered the US on 1st Sep as a new permanent resident.

The lesson learned is do not neglect your Green Card...if you think you may be out of the US for more than 1 year (or even 6m) then get a re-entry permit!

[Oussamessi10]

What did you do for obtaining a new green card??? I get my green card in 2011, and in 2013 i leaved us and stay in my country 6 years, now i want come back to us, i think when i apply for SB1 visa, they refuse my request, so can you help me to return us, give me advice, thanks very much.

[nirmit]

Hello Guys.

My Parents has Green card but after staying for 3months in USA they went back to home country (India) as my mom was not feeling well n underwent treatment in India. Its been 3.5yrs they are there in India n now want to come back to USA.


My questions :

1. What will happen if they try to enter in USA after 3.5yrs ? We dint apply for Re-Entry permit that time.
2. Will they allow to board the flight at Home country (Indian) airport and at any layover airport??
3. Will they give entry at US border ? (We dont hv Re-entry permit or anything but we have documents to show that my mom was sick and was under treatment in USA as well as in India )

Could anyone suggest/ give inputs on this if someone has gone thru this kind of situation?

Thanks.