Anyone's case?

[H0914]

Hi everyone,

My husband and I got married in the US in 2019 while he was on a work visa. He's from Spain. I was able to sponsor him and he obtained a green card (2-year because we were married for less than 2 years). We had a child in the US a year later. Before the 2 year "expiration" we moved to Spain, where we had another child and I became a resident. Now we would like to move back to the US and we're wondering how to do it.

Has anyone been on this situation or have knowledge on what the requirements might be?

Thanks everyone!

[Mike E]

Hi everyone,

My husband and I got married in the US in 2019 while he was on a work visa. He's from Spain. I was able to sponsor him and he obtained a green card (2-year because we were married for less than 2 years). We had a child in the US a year later. Before the 2 year "expiration" we moved to Spain, where we had another child and I became a resident. Now we would like to move back to the US and we're wondering how to do it.

Has anyone been on this situation or have knowledge on what the requirements might be?

Thanks everyone!

1. Did you file I-751?

2. if so did you get an extension letter?

3. Are you a U.S. Citizen?

4. Does your child have a CRBA?

5. Why did you move to Spain?

6. Have you been filing joint tax returns with the IRS?

[H0914]

Hi Mike,

Thank you for your response.

1. My husband did not apply for I-751, we moved to Spain before his green card expired and at the time there was no intention to extend it.
2. No
3. Yes I am a US Citizen
4. The child that was born in Spain has a CRBA
5. We moved to Spain to be closer to my husband's family.
6. We have filed tax returns with the IRS jointly since 2019.

Thank you!

[Mike E]

Hi Mike,

Thank you for your response.

1. My husband did not apply for I-751, we moved to Spain before his green card expired and at the time there was no intention to extend it.
2. No
3. Yes I am a US Citizen
4. The child that was born in Spain has a CRBA
5. We moved to Spain to be closer to my husband's family.
6. We have filed tax returns with the IRS jointly since 2019.

Thank you!

Options

1. file I-751 and use the 2 year extension letter to travel back to the USA as an LPR. This won’t work if the extension is slso expired. Even if the extension is still valid, it is likely the case would be denied due to the late filing.

2. File a new I-130 / I-130A online and indicate that he will be doing consular processing