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My spouse went back to Korea some time ago due to family issues, and since then, their green card expired without a separate renewal filing.
We’re planning to have them re-enter and refile for a green card. I’d like to know if they should first come in on ESTA or a visitor visa and then refile from within the U.S.
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T. 718-514-2777 HK Jang
Marriage Green Card in U.S.: $1,900
Marriage Green Card Abroad: $2,100
Green Card for a Parent in US: $1,750
Green Card for a Parent Abroad: $1,950
Perm(LC) : $4,500
I-140 : $2,000
I-485 : $1,500
K-1 Visa : $1,450
Change of Status : $1,500
N-400 : $600
Re-Entry Permit : $500
Green Card Extension : $300
I can only share how similar cases have gone: many people do enter on a visitor visa or ESTA and then file fresh for a green card. However, one important caution — since the stated purpose of that kind of entry under immigration law is visiting or tourism, if they state at the port of entry that their intent is to obtain a green card, that could cause a problem at the inspection. I hope this explanation is helpful.