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My fiancee lived in the US for 18 years, had a Green Card, a SSN and still has a daughter and a bank account in the US. She went back to Germany after her divorce and has been there almost 3 years. We want to be together in the US asap, can she get a renewed green card quickly?
Optional Information: State/Country relating to question: Connecticut Already Tried: Reading a lot of confusing and incorrect info on the internet... :(
Hello, welcome to JustAnswer, my name is Judith. Thank you for this opportunity to answer your questions.
Did she apply for a re-entry permit before leaving the US.
has she made any trips back during this time?
Judith
Hello Judith,The answer to both questions is "no". Her ex made threats to her life so I guess a re-entry permit or coming back anytime soon was not on her mind at that time.
I understand but the law makes no exception.
She abandoned her status by remaining outside the US for more than one year.
She would unlikely be eligible for a returning resident visa. She can try to apply based on her fear of harm, and her ties that she maintained here but it isn't likely. It won't hurt other than cost her money
http://germany.usembassy.gov/visa/iv/visacategories/returning_residents/
Otherwise, if you are a US citizen, you will have to petition her for a fiance visa which takes 6-9 months and she would have to enter on that and then mary you within 90 days and begin the resident process all over again.
Or if her daughter is a US citizen and over the age of 21 the daughter can petition her. It will take the same amount of time.
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Experience: 33 yrs attorney on all nonimmigrant & immigrant visas