I am a green card holder but have been out of USA for more than 2 years, i got married outside USA(after getting green card), and since i didn't travel back, last time i visited, i applied green card (form - I 130) for my husband, my application was accepted, the problem is i applied while i was in USA, which NVC think i still am, the correspondence they send is still in the US address where i lived with my brother , I haven't worked in USA or filed Income tax returns,
My question is
1. before submitting all the fees for advancing the application , will it even be processed ahead, considering the fact that i am not in USA
2. if i want to travel to USA how can i do so , i already applied for SB-1 visa but got rejected
Carl Michael ShustermanImmigration AttorneyLos Angeles, CA ·
You have abandoned your permanent resident status in the US. You can go to the US Embassy, complete an I-407 abandonment form and apply for a B-2 tourist visa at the same time.
While your I130 for your spouse may appear to be facially valid, you are no longer deemed a lawful permanent resident. This means you cannot sponsor your spouse. If your spouse were to go through the visa application process, the consulate would deny the IV upon seeing that you are no longer a permanent resident. Filing the I407 officially abandons your permanent residence so that you would be eligible to file for a nonimmigrant visa. Consult an immigration attorney to see what might be possible to return to the US in a valid status but whether the consulate will grant you a visitor or other visa will still be determined based on your current situation, your purpose to come to the US, and whether you can prove nonimmigrant intent if the visa type requires it.
