[proberts]

The Embassy in Chile is clearly acting badly. So far it appears that you have received an informal opinion from the Embassy but there is a formal process under these circumstances that would reaffirm her green card status and allow her to travel back to the US. The document is called a returning resident visa and it probably makes sense or her to apply for this and force the Embassy to review the evidence and make a real decision. She should consult with an immigration attorney, however, possibly the immigration attorney for your employer, to help her with this application.

[oskapt]

We applied for a returning resident visa. She went in for the appointment, with all the documentation, and that's when the consular told her that unless she'd been in a coma for the last several years, it was within her power to return. She could have divorced me and returned to the US, therefore the criteria for the RRV did not apply. She was told to submit for the IR-1.

[proberts]

That's an outrageous statement and completely at odds with the law. I would get your Congressman or Senator involved (they do these kinds of things all the time) and in the meantime, submit an I-130 so you don't waste time if you can't get this decision reversed.

[oskapt]

Ok. Thank you for the guidance.

[hn_throwaway_99]

Wow, as a native-born US citizen, after reading your story I just feel honestly sad and ashamed. Like I seriously want to tell your wife "I'm sorry for the dipshittery you are experiencing from US government bureaucrats."

I mean, here you have a situation where someone does everything right, can't fly back to the US due to Covid, and then is denied her current statues due to being out of the US too long. "Catch-22" wasn't supposed to be a literal instruction manual on how bureaucracies should function.