in need of a little help

[bigz 0]

hi all this is my first post on here

ill try my best to explain it the best i can

im in need of some help, i was not 100% sure where to post this, im sorry. I have my PR Card but back in may of this year my wife and myself split up and i went back to the UK and my visa expired, then on christmas eve friends asked me to come back to the US to visit with them which i have i came over on the visa wavier program, but my question is, even though my PR card has expired, am i able to lift the conditions on it?, i have spent most of the day on the phone with boarder control and the USCIS people, but they were unable to help very much, so i thought i would ask you guys see if any of you have been through the same thing or would be able to help me out.

Thanks,

~Kurt

[Kez/JWolf 6]

hi all this is my first post on here

ill try my best to explain it the best i can

im in need of some help, i was not 100% sure where to post this, im sorry. I have my PR Card but back in may of this year my wife and myself split up and i went back to the UK and my visa expired, then on christmas eve friends asked me to come back to the US to visit with them which i have i came over on the visa wavier program, but my question is, even though my PR card has expired, am i able to lift the conditions on it?, i have spent most of the day on the phone with boarder control and the USCIS people, but they were unable to help very much, so i thought i would ask you guys see if any of you have been through the same thing or would be able to help me out.

Thanks,

~Kurt

Hi and welcome to VJ. I take it you had a conditional Greencard based on marriage to a US Citizen. You and your wife split up before you had filed to remove the conditions and you returned to the UK and you Greencard has now expired.

If you had wanted to remove the conditions on your greencard you would have had to file before your card expired. As you left the US when you split from your wife, you failed to maintain your status. If you had remained in the US and had filed for divorce and that had been made final, you could have filed to remove the conditions on your own based on the fact that you entered the marriage in good faith.

If you are still in the US on your VWP do not overstay your 90 days. You may want to make an appointment with an immigration lawyer who can go over your case in full detail to see if there any options open to you. Given the fact that your PR status expired in May of 2008 I fear you have left it too late to do anything about your status now.

Jon

Moved to Effects of Major Family Changes on Immigration Benefits

Edited January 26, 2009 by Kez/JWolf

[diadromous mermaid 36]

hi all this is my first post on here

ill try my best to explain it the best i can

im in need of some help, i was not 100% sure where to post this, im sorry. I have my PR Card but back in may of this year my wife and myself split up and i went back to the UK and my visa expired, then on christmas eve friends asked me to come back to the US to visit with them which i have i came over on the visa wavier program, but my question is, even though my PR card has expired, am i able to lift the conditions on it?, i have spent most of the day on the phone with boarder control and the USCIS people, but they were unable to help very much, so i thought i would ask you guys see if any of you have been through the same thing or would be able to help me out.

Thanks,

~Kurt

Hi and welcome to VJ. I take it you had a conditional Greencard based on marriage to a US Citizen. You and your wife split up before you had filed to remove the conditions and you returned to the UK and you Greencard has now expired.

If you had wanted to remove the conditions on your greencard you would have had to file before your card expired. As you left the US when you split from your wife, you failed to maintain your status. If you had remained in the US and had filed for divorce and that had been made final, you could have filed to remove the conditions on your own based on the fact that you entered the marriage in good faith.

If you are still in the US on your VWP do not overstay your 90 days. You may want to make an appointment with an immigration lawyer who can go over your case in full detail to see if there any options open to you. Given the fact that your PR status expired in May of 2008 I fear you have left it too late to do anything about your status now.

Jon

Moved to Effects of Major Family Changes on Immigration Benefits

First, a consultation with an immigration attorney is strongly recommended. However, how do you know you were admitted under VWP? Did someone at the POE tell you? Even though you left the USA, you'd only been away just over 7 months, so it isn't clear whether USCIS deems that you have abandoned your status. I am surprised that VWP worked, as you've clearly had immigrant intent.

[Jasman0717 9]

If it expired I would assume the USCIS would consider it abandoned especially if you have been out of the country all this time.

[sib 7]

When did you leave US?

When did your GC expire?

When was your divorce finalized?

Are you in US still?

You might still be able to file for removing of condition, the problem I see is that you are in US on VWP now.

I would contact an immigration lawyer (better 2 or 3) and aks about the possibilities.

I know from a friend of mine, her 10-year GC expired while she was out of the country (her husband died and she went back to her home country and also stayed out of the country for a year). She got it extended with the embassy, explaining the situation. She is back in US now.

Wishing you luck.

Sib