Need some answers

[Calli 2]

Hi everyone,

I have been active on the boards for some time so I'm sure some of you even know me. I chose to post this in the Canadian forums since this is where I have been the most active in the community. Unfortunately, I am coming here looking for advice of a different kind. First a little background.

I was in the USA with my husband since August 2011 until Nov 2, 2011. I came back for my Interview in Montreal. The day after I left my husband cheated on me. I won't get into details but throughout the last week we have decided that it's over and are in the proceedings of filing for a divorce. Or rather he is, since I cannot file for a year. Unfortunately when I went down in August I drove down. When I came back for my interview- I flew. Leaving my vehicle in the USA. On Tuesday I picked up my passport from DHL and flew to the USA to get my things that were there and my vehicle and drove back to Canada. I could not enter the USA without activating my Visa so it has been activated.

I have some questions and am not in the right frame of mind right now to be looking into all of these things on my own so I thought I would come to the Canadian VJ forums looking for advice and support.

1. Should we decide to be together in the future, how long can I stay in Canada before going back to the USA? From what I have read I believe I have to enter at least every 6 months. I don't see this happening but I need to be sure that I don't do anything to mess up my Visa or even future visits to the USA.

2. If I just let the Visa expire naturally, what are my chances of entering the USA in the future?

3. Once the divorce proceedings go through, and I change my name back to my maiden name including changing my passport does the Visa just disappear? All I have is the stamp and Visa in my passport. He says that he is going to forward me anything that comes to him from immigration but I'm not sure if that will happen or not.

I think that is it for now. Again, I'm not really thinking clearly about all of this so I apologize for not just doing a search and finding this information myself. If there is any information that anyone can provide for me that I should be doing right now to protect myself it would be greatly appreciated.

Thanks,

Calli

[hikergirl 277]

I found a USCIS link that tells you about maintaining your permanent resident status: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

I think I have read on the boards here that the key is spending more time in the US than outside US. If you do go through with the divorce you would have to remove conditions on the green card right away.

I found on the Toronto Consulate how to Abandon your LPR: http://toronto.usconsulate.gov/visas/dhs-document-processing.html

I'm not really sure about the answers to your questions, but I thought I'd try and find you some info since you don't seem up to it.

Sorry to hear about what you are going through!

[Kathryn41 3,205]

Calli, I am so sorry you are going through this.

You have time to make any decisions you have to make. By activating the CR-1 visa you have generated the production of a green card which will be sent to your US address. This will allow you to live in the US. While the two of you are deciding now that the relationship is over, you may yet change your minds. You may wish to seek marriage counseling. You may wish to give things another try - or you may not. You basically have time to decide what you really want.

Basically, to maintain your PR status you are supposed to be living in the US or provide evidence that your time outside of the US is temporary and you do not intend to give up your US residence. If you intend to have absences longer than 12 months you should be applying for a document that will indicate your intention to return to the US sometime between 12 months but no later than 24 months. If you decide you do not wish to live in the US, then you can go to any border and turn in your green card, or you can mail it back to USCIS and advise them that you no longer will be living in the US. This action should have no negative impacts on any future visits you wish to make to the US although you may be questioned about it on crossing the border. Just explain the circumstances and you should be fine.

Right now, your main concern is to deal with your feelings and your personal circumstances. Decide what you want to do, and then you can take the necessary steps to follow up. Six months from now you should have a better idea of how things are and what you want to do, and that is when you should decide whether you want to continue with the greencard or turn it over and remain in Canada

I am so sorry for your pain and heartache, especially when this should have been a time of happiness rather than a time of sorrow.

[dukeandduchess 141]

I don't have any answers to your questions, but I just wanted to say how very sorry I am to hear about your situation.

[Calli 2]

Thank you very much for your responses thus far. I knew I had some time and didn't need to deal with this right now but I need to also make sure that I am protecting myself. My mind is not in the right frame of mind and you are right Kathryn, in 6 months my mind will be much clearer.

I'm sorry that I brought this into the Canada forums instead of a Family Changes forum etc. I knew my fellow Canadian VJ family would understand.

[Udella&Wiz 325]

Thank you very much for your responses thus far. I knew I had some time and didn't need to deal with this right now but I need to also make sure that I am protecting myself. My mind is not in the right frame of mind and you are right Kathryn, in 6 months my mind will be much clearer.

I'm sorry that I brought this into the Canada forums instead of a Family Changes forum etc. I knew my fellow Canadian VJ family would understand.

Don't be sorry - it's just unfortunate that you have to deal with this right now.

[Flames9_RN 358]

Life throws curves at us from time to time!! Hope ur coping well! Obviously he does not deserve you!! Glad he showed his true colors early! All the best.