Hello,
You can always order "transcripts" of your tax returns from the IRS in
case you don't have copies of the returns you filed (but it sounds
like what you have is probably okay e.g. the photocopy of what you
mailed in).
Sounds like sort of a catch 22 with respect to the job front! I don't
know how long DCF takes (in many cases it can be faster than going the
other route - of getting a visa to the US, and then applying for a
green card once arrived) - but it is probably going to be on the order
of months to a year (I'm just sort of guessing here). The other option
is to try an seek an employment visa for your husband (where a
potential employer applies for a visa on his behalf), which gets him
into the US and allows him to work, while you then apply and wait for
a GC. I'm not familiar with this, but my guess is that employer based
visas are going to be harder to come by since a company has to justify
that a foreign worker is better able to perform a job than a US
employee. I would honestly think that you would be better off going
with the marriage aspect rather than the employment aspect in re
visas.
If you decide to go ahead and apply for the GC, you should keep the
following in mind:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD
Maintaining Permanent Residence
You may be found to have abandoned your permanent resident status if
you:
* Move to another country intending to live there permanently.
* Remain outside of the US for more than one year without
obtaining a reentry permit or returning resident visa. However in
determining whether your status has been abandoned any length of
absence from the US may be considered, even if it is less than one
year.
* Remain outside of the US for more than two years after issuance
of a reentry permit without obtaining a returning resident visa.
However in determining whether your status has been abandoned any
length of absence from the US may be considered, even if it is less
than one year.
* Fail to file income tax returns while living outside of the US
for any period.
* Declare yourself a "nonimmigrant" on your tax returns.
So, if you go ahead and file, but don't have any intention of living
in the US and thus "abandon the permanent resident status" given to
your spouse, it may make it more difficult to reapply should you
decide to move there again in the future.
Do you have someone that would co-sponsor your application? This
person doesn't have to be a relative, but does have to be someone
willing to accept financial responsibility for your spouse until he
becomes a citizen or abandons his PR status. That person could
establish domicile by providing an address for your correspondence
from the USCIS to be sent and could also provide that financial link
you need until the job search concludes successfully.
I don't know much about locating a lawyer overseas. We found a lawyer
via http://www.ailalawyer.com/ which is for certified immigration
lawyers in the US. You might try locating a lawyer in your target area
where you'd like to move, or from the area where you last lived as a
start, and begin an email dialogue with them. This is how we found our
lawyer - she answered some basic questions we had over email and we
felt comfortable with her experience that we decided to engage her
services. Most of our contact with her was done via email. The
personal meetings we had were really for convenience, as most of the
things we went over could have been done via phone/fax/email.
You might also look at the Visajourney website and see if anyone can
recommend a lawyer in your area. I would be careful in your search. A
lawyer is not necessary and will not provide any expedited processing.
A good lawyer will know the system and the tricks to get things done
smoothly and answer questions you have.
Good luck!
Marie |