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  • Bringing wife back

    My wife had a green card issued to her once before, we lived in Ca. for 7 1/2 yrs. We then moved back to Japan and been here for a little over 9 yrs, unfortunately she didn't return to the US every year so her GC is no longer valid. What form should I fill out and give to the INS to get her back to LPR status? Also I will not have a job when we return to the US, but have a fair amount of money saved. Will the INS accept this for the Affadavit of Support? It is greater then the 125% x 5 poverty level guidelines.

  • #2
    My wife had a green card issued to her once before, we lived in Ca. for 7 1/2 yrs. We then moved back to Japan and been here for a little over 9 yrs, unfortunately she didn't return to the US every year so her GC is no longer valid. What form should I fill out and give to the INS to get her back to LPR status? Also I will not have a job when we return to the US, but have a fair amount of money saved. Will the INS accept this for the Affadavit of Support? It is greater then the 125% x 5 poverty level guidelines.

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    • #3
      You will need to file the AOS package again. If you assests are sufficient, then that may be enough to satisfy the income requirements.

      mmorales@myronmorales.com

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      • #4
        So I have to start from scratch again? We've been married for 18 yrs have one kid born in the states, would it be best to leave her here or bring her with me? The wife that is. Or should I file the I-130 here at the embassy and get her a visa that way?

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        • #5
          I'm afraid that you have to start from scratch. Having child born in US doesn't change anything. You child of course a citizen, but not your wife. You can apply K3 or DCF at the Embassy at Japan. Anyway for better info, call BCIS 1800 numbers (talk to officer, not the customer service), and ask them in detail. Good luck.

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          • #6
            What's DCF?
            Thanks for the info everybody

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            • #7
              Don't call the 1-800# for anything other than forms and status checks. You will only get the correct answer 40% of the time... if you're lucky.

              DCF is Direct Consular Filing. If you live in the foreign country, you can generally apply at the US Embassy or Consulate General. Contact them and get instructions on submitting the petition for alien relative along with the immigrant visa application. The State Department tries to limit this since the processing for DCF tends to be around 3-6 months as opposed to filing through the BCIS Service Center/NVC/Consul which is now several years.

              You can return alone and file through the later, but don't expect your wife to join you for a while. The K3 will cut the time down to less than a year, but it is still very long as you may have noticed from the other threads. Stupid LIFE ACT; it is all ate up.

              The Grand Poo-Bah
              Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

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              • #8
                Hi, Did your wife go to Japan due to your work? If she did, the chances that she still hold her PR still exist because you go there under government contract, so you are authorized to take your wife with you there.

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                • #9
                  Can someone plz tell me where I get more info on this DCF - Direct Consular Filing ? I have never heard of it - and as the 'Chief' said - it takes a shorter time - hell - I wanna know if thats a route I could take. Plz someone..

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                  • #10
                    Your wife had lost her status as an LPR.
                    We have one Embassy, one consulate,and three Consulate Generals offices in Japan. Call nearest office, to send you a complete package of I-130, which includes I-130, Bio-graphic forms one for you and one for youe wife and Affidvit. since both of you are in Japan the Consular Officer can approved your I-130 and it will take about 2months to get back into the track of LPR.
                    I perfer you speak to the Consular Officer, or Vice Consul.
                    he can give you some idea about the time frame as well.
                    Have you ever completed INS Form I-470 before you depart the US,
                    how long she lived in US? BEST OF LUCK

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                    • #11
                      To keep her status alive, you should have complete INS Forn #470 before your departure. While you are working for DOD/Contractor, their is an Expeditious Naturalization for persons like you. Ask consul to give you the information.
                      you can complte all forms while you are in Japan, get all documents certified from DOD/Consul. Not many people know abut this. Please see Sec.316(8U.S.C. 1427) of the INA.

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                      • #12
                        I read that section, but it doesn't apply to our case. I worked for a contractor, not a government contractor. Unless any company that is contracted by the us government falls under this section. besides we don't want the wife to be naturalized just yet. And according to that section only 5 people can get it this way a year.

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                        • #13
                          FSN We did not file I470 before leaving. We were ignorant on the immigration laws back then. I thought once she got the green card it was good for life. She lived in the US for 7 1/2 yrs.Will be taking all the required forms to the US Embassy next Monday. Hopefully will get the process all completed in a fair amount of time. But only time will tell.

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