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  1. #1
    Join Date
    Oct 2004
    Location
    New York City
    Posts
    2

    Default LPR's wife had to abandon LPR status and want to re-apply

    I am a permanent resident since 1996 (employment-based immigrant visa) and I am applying today for naturalization. Five years ago, my wife was appointed Consul General by her country of origin. There was a catch: she was informed by the Dept. of State that she could not be a diplomat and a resident at the same time. She had no other choice than abandoning her resident status: she reluctantly signed the I-407 Abandonment form. About a month ago, she ceased to be a diplomat. We have been married for 25 years, and of course we live together. I looked up the USCIS web page and thought I had found the correct procedure: I thought my wife was eligible for FOLLOWING-TO-JOIN benefits and had her fill the form I-485 application to register permanent residence or adjust status. Just to be on the safe side, I made an appointment with a USCIS officer. However, he told me that my interpretation of the law is wrong: he says she has to begin from scratch with a I-130 form (relative visa petition). That means that a visa number must become available, and I am told it may take four years. This is very problematic. What if my wife needs to travel? What if she needs to work? As a legal resident, am I not entitled to keep my wife by my side? I would really appreciate any suggestion. Should I go the way of I-407 (the immigration officer was adamant that I would only lose the fee money) or another way? Thank you for your help!

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Immigration for LPR's Spouse

    Daptin, the instructions for the I-485 form can be read on the USCIS website. That text supports the USCIS officer's statement.

    Your wife may wish to explore employment-based immigration possibilities, as an alternative to applying with the I-130.

  3. #3
    Join Date
    Oct 2004
    Location
    New York City
    Posts
    2

    Default FTJ Benefits

    Thank you Aaron,

    I have selected a reputable immigration attorney and I will make an appointment with him as soon as possible. I strongly suspect the CIS officer was wrong, but I'll follow the attorney's advice. Brgds.

  4. #4
    Join Date
    Sep 2004
    Posts
    758

    Default Keep us posted

    Please share an update when you have more info - it will probably help others to have a more definitive answer available online.

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