QUESTION
How can I get Permanent Residency for my wife so we can go back to US?
Asked on Aug 08th, 2012 on Immigration - Georgia
More details to this question:
Wife and I moved abroad 4 years ago. In order to avoid any legal problems we decided to return her permanent residency. We are planning on moving back to the USA, what is our best course of action?
6 ANSWERS
Thomas J. Rosser
Contact an Information Officer at the US Consular post most accessible to you for specific instructions about initiation of an immigrant visa process for your alien spouse via "consular processing" since you have both been residing within the Consular post's "jurisdiction" for the requisite period for such processing.
Answered on Aug 26th, 2012 at 9:35 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If your wife has already abandoned her residency, you will need to submit an I-130 petition on his behalf and start the process all over again. If she enters the US legally, then she can submit an application for adjustment of status along with your I-130 petition
Answered on Aug 26th, 2012 at 9:35 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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*K3 Petition* Since you are already married and your spouse is outside the U.S., it would be necessary to apply for the K-3 Visa. The particular visa is considerably faster than the Consulate Processing needed to bring your spouse in as a Lawful Permanent Resident. Here, we would apply for the K-3 Visa which would take about 6 months. After, your spouse is in the U.S., the Adjustment of Status package can be filed.
Answered on Aug 26th, 2012 at 9:35 PM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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You have to start all over again with the marriage based immigration process if you surrendered her permanent resident status. You'll have to file the I-130 Petition with USCIS and go through all of the steps again.
Answered on Aug 26th, 2012 at 9:34 PM
It sounds like your wife previously was a U.S. Permanent Resident, but then discontinued residence in the U.S. and formally terminated that status when you and she moved abroad. Assuming that you are a U.S. Citizen, you could apply for "consular processing" abroad so that she once again can become a Permanent Resident. It would be wise to engage an immigration attorney to carefully review the relevant details and circumstances in order to be able to advise you about eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge. [Note: This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
Answered on Aug 26th, 2012 at 9:34 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You will have to file a new petition for her. I suggest that you contact an experienced immigration attorney to help you with the process.
Answered on Aug 26th, 2012 at 9:34 PM