Returning Resident Visa

[moonhopper02]

Hello,
I am a German citizen but married to a US citizen for almost 12 years. We have to children born in the states. I lived in the states for almost 9 years .We moved 3 years ago to Germany to let our kids have the experience of another culture and education. We failed to educate ourselves about the re-entry permit prior departure. Now we would like to move back to the US and do not know how.
I still hold a Green Card valid until 2016.
All our family ties are across the US. What if the embassy would consider that I have abandoned the permanent resident status. I can´t have my family move back and get stuck here.
If the DS-117 is denied than what?
Thank you

[cafeconleche]

If you just didn't bother to check the requirements of permanent residents, they're not going to give you an SB1 visa. You need to prove you remained out of the country for over a year because of difficult circumstances. I'd say your only option now is to shell out for an immediate relative petition again. In Germany with direct consular filing with USCIS in frankfurt it should take between 2 and 4 months.

[moonhopper02]

Thank you

Thanks cafeconleche, and we might file this petition. It is more expensive but seems to be more promising.

[cafeconleche]

Contact the embassy just to get their opinion first. There might be circumstances about your case that you didn't mention, but that might come out when you talk directly with a consular officer. You might be in luck and qualify for the SB1 visa. It's worth a shot, but it is a LONG shot.