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  • Looking for a way to regain residency in the US

    I´m not sure I´m posting in the right place but here´s my story, any suggestions greatly appreciated...

    2003 - I received a greencard based on my citizen grandmother and entered the US.
    2004 - I met my American partner, continued to live, work and go to school in the US.
    2009 - We got pregnant and came to my home country (Brazil) to have the baby.
    2010 - Got American citizenship for our daughter, and moved back to the States.
    2011 - We returned to Brazil with intention to return to US in a few months but had unforseen expenses and ended up having to stay.
    2014 - We´ve been living in Brazil ever since, so now I´ve been 3+ years out of the US.

    I have been working telecommuting as an independent contractor for an American company since 2008 and throughout this whole time. I had no intention of abandoning my resident status but we simply couldn´t afford to buy plane tickets to return until now. My question is: what´s the most simple way for me to be able to live in the US again...

    A- I try to get a tourist visa, then we marry when we arrive in the US
    B- I try to reinstate my greencard somehow
    C- We marry in Brazil and try to get a spouse visa to enter the US
    D- Try to get a fiance visa and marry when we arrive in the US
    E- Other suggestions!!

  • #2
    You only have two reasonable choices:

    1. Marry and be processed for a spousal immigrant visa
    2. Don't marry yet and pursue a fiancee visa.

    You can also attempt to get a visitor visa (B2) to return to the U.S., so long as you don't express "intent to stay" or to "immigrate to U.S."

    Once in the U.S. on a visitor visa, if you decide to marry and apply for status, expect about $1,800 in fees (I-130, I-485 and immigrant medical exam), but this ends up being about the same in cost as options 1 and 2 above.

    --Ray B



    Originally posted by let-it-be View Post
    I´m not sure I´m posting in the right place but here´s my story, any suggestions greatly appreciated...

    2003 - I received a greencard based on my citizen grandmother and entered the US.
    2004 - I met my American partner, continued to live, work and go to school in the US.
    2009 - We got pregnant and came to my home country (Brazil) to have the baby.
    2010 - Got American citizenship for our daughter, and moved back to the States.
    2011 - We returned to Brazil with intention to return to US in a few months but had unforseen expenses and ended up having to stay.
    2014 - We´ve been living in Brazil ever since, so now I´ve been 3+ years out of the US.

    I have been working telecommuting as an independent contractor for an American company since 2008 and throughout this whole time. I had no intention of abandoning my resident status but we simply couldn´t afford to buy plane tickets to return until now. My question is: what´s the most simple way for me to be able to live in the US again...

    A- I try to get a tourist visa, then we marry when we arrive in the US
    B- I try to reinstate my greencard somehow
    C- We marry in Brazil and try to get a spouse visa to enter the US
    D- Try to get a fiance visa and marry when we arrive in the US
    E- Other suggestions!!

    Comment


    • #3
      sb-1 visa

      Hi Ray
      Thanks for your response, I see you did not mention an option to reestablish my greencard status. I´m thinking its because in my case I may not have sufficient grounds to be eligible for a Returning Resident Visa (SB-1). Just hoping that maybe this could be an option for me, and wondering if you know how much easier or less costly this option might be.

      I´m trying to think about everything I could provide as proof of US ties and my intention to return.
      I can provide evidence of:
      - Evidence of family ties to the US
      - Evidence of continuous employment with a US company
      - Evidence of continuous payments on a US Federal Student Loan account
      - Evidence of continuous payments on US credit cards
      - Valid US driver´s license
      - Evidence of financial hardship which prevented me from being able to return in time to avoid losing my greencard

      I haven´t been able to find any forum posts regarding the SB-1 visa, maybe I´m looking in the wrong place.
      Thank you so much for your help!


      Originally posted by rayb View Post
      You only have two reasonable choices:

      1. Marry and be processed for a spousal immigrant visa
      2. Don't marry yet and pursue a fiancee visa.

      You can also attempt to get a visitor visa (B2) to return to the U.S., so long as you don't express "intent to stay" or to "immigrate to U.S."

      Once in the U.S. on a visitor visa, if you decide to marry and apply for status, expect about $1,800 in fees (I-130, I-485 and immigrant medical exam), but this ends up being about the same in cost as options 1 and 2 above.

      --Ray B

      Comment

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