Permanent resident been out of US for 4 years.

SecondChance · Post by **SecondChance** » Wed Oct 15, 2008 8:15 pm

I entered the US in 1999 on a J-2 (exchange visitor visa) got married to a US citizen in August 2000 and filed for adjustment of status. I was granted permanent residency in October 2001 and stayed in the US until September 2004.

After that time we both moved to my country in Europe and have lived here since. We are now considering going back to live in the US. Of course my permanent residence status is long expired, and probably also considered abandoned. What are my options regarding obtaining a new permanent status? Do you think there is anyway we can get my permanent status reinstated? Or do we have to start the process all over again?

We plan to move back to the US in summer 2009. Is it possible to start the process in advance so I donâ€™t have to enter the US on some K visa and file for adjustment of status upon arrival in the US?

I should mention that we have lived together, filed joint tax returns and have had joint owned banks accounts in the US for the entire time since 2000.

Thanks for any helps and thoughts

Marco 72 · Post by **Marco 72** » Thu Oct 16, 2008 12:43 am

Did you file US taxes while you were living in Europe?

SecondChance · Post by **SecondChance** » Thu Oct 16, 2008 4:21 pm

Yes, we have filed jointly every single year since 2000, and always the regular tax forms, never the NR (non-residence).

Marco 72 · Post by **Marco 72** » Fri Oct 17, 2008 3:48 pm

SecondChance wrote:Yes, we have filed jointly every single year since 2000, and always the regular tax forms, never the NR (non-residence).

You may be able to argue that you never intended to abandon US residence. It might be a good idea to contact a US immigration lawyer with experience in abandonment issues. I think it might turn out to be cheaper to apply for a new immigrant visa.

SecondChance · Post by **SecondChance** » Fri Oct 17, 2008 4:34 pm

I just found out today, that it's possible to file a new I-130 with the consulate and have them process the whole thing. That way I should be able to receive a visa for permanent residence in about 6 mount.

That's a lot easier than trying to reinstate the old case. And a lot easier and quicker than filing for adjustment of status after arriving in the US.

lifeart · Post by **lifeart** » Sun Dec 28, 2008 11:10 pm

DCF is the best way to go if both of you live in the same country. Affidavit of Support can be tricky in this case as the sponsoring partner is not likely to have a job in the US, but relatives in the US can co-sponsor

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Permanent resident been out of US for 4 years.

Permanent resident been out of US for 4 years.

Re: Permanent resident been out of US for 4 years.