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    Thought we knew's Avatar
    Thought we knew Posts: 7, Reputation: 1
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    #1

    Jun 7, 2007, 04:35 AM
    Abandonment of Lawfull permanent resident card.now what?
    :confused:
    OMG!! I really need help. My case is probably not the regular. My names Nicole. Iīm a German Citzen even though my dad an ex military (army) retiree is an American Citizen (my mom is German). I just got married the 30th of May 07 in New York to my American Husband spontaniously and didnīt think about all the paperwork and things. After we got married I came back to Germany to get rid of all my things and thought I could come back on the Visa Waiver Program and then file the I 190 and the K 3. BUT as we now found out as an Alien Spousse of an American Citizen, you are no longer allowed in the Country unless you have a Visa.
    I had a resident Alien Card growing up because my dad was stationed in Fort Riley. I asked my mother for it today and she gave me my "Abandonment of permanent Resident Status) paperwork. I still have my I guess what seems to be Valid Social Security Card.

    The Lawyer we talked to in New York where my Husband lives had no clue and didnīt really seem to know how to handle the subject. I remember the guy that made me sign the abandoment petion told me that if I ever wanted it back, all I had to do was pay $500 and fill out some form and everything would be as it was. Which I know see it total BS! We are totally lost now. Do I have to go through with all the visa forms from here? Is there no way for me to be with my Husband sooner? How long do these Visaīs take in General. I also have two children from my previous relationship and have full custody. Do they need something filled out for them? And if so, how long does that take?
    Please help me. I know we should have checked these things out sooner, but my Husbands friend from Colombia told us that he has dealt with things of this sort in his family and all of them came in to the Country and then filled out the forms. Now that itīs us dealing with this we donīt want to have problems with the Government and want to do it the SAFE legal way.
    I could bite myself in the butt for not checking this out before we got married!

    Thanks for taking the time to read this.
    Regards,
    Nicole
    Lowtax4eva's Avatar
    Lowtax4eva Posts: 2,467, Reputation: 190
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    #2

    Jun 7, 2007, 06:23 AM
    Sounds like you will have to start over and have your husband sponsor you to become a permanent resident through marriage. Even if you didn't sign forms abandoning your permanent resident status you would have lost it automatically by being outside the US for a full year or more.

    You should be able to get a visitors visa to stay with him for a few months while the papers are being processed.
    Thought we knew's Avatar
    Thought we knew Posts: 7, Reputation: 1
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    #3

    Jun 7, 2007, 10:05 AM
    Quote Originally Posted by Lowtax4eva
    Sounds like you will have to start over and have your husband sponsor you to become a permanent resident through marriage. Even if you didnt sign forms abandoning your permanent resident status you would have lost it automatically by being outside the US for a full year or more.

    You should be able to get a visitors visa to stay with him for a few months while the papers are being processed.




    Thank you very much for answering. Just a short Question . Do you know the form number to the visitor Visa? And am I allowed to bring my children (9 and 4) in on it? And how long does that take? I really miss him.

    Oh by the way.. my husband read that if your Resident Alien Card was issued between 1974 and 1987 approx. there is no expr. Date on it. (I donīt know where he read that though)

    Thank you!
    Lowtax4eva's Avatar
    Lowtax4eva Posts: 2,467, Reputation: 190
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    #4

    Jun 7, 2007, 10:12 AM
    Aparently it varies from consulate to consulate but 20 to 30 days is what is generally advised.

    As for the non-expiry, this might be true but above you mentionned you signed something abandoning your status so that would offset any special provisions of the resident card you had.

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