Split within 2 year conditional period. I returned home

[jamesinoz 0]

Hi All,

Odd one here. I entered the US on a fiance visa back in 2000, married and got my conditional green card. Within the 2 year period we split up and I got on a plane and returned home, I have not returned to the US since. Before I left the country I deliberately went to the INS office to ask if there was anything I needed to do before leaving the country for good and was told to just leave within the period and just let the Conditional Green Card expire, no need to fill any forms etc, I could just leave. So this is what I did. We filed our final joint tax return together covering up to the final month of my employment but then I did nothing further in terms of taxes as I had not lived or work in the US anymore.

Some months later my ex wife received a letter addressed to me telling me that as I did not apply to remove the conditions I should leave the country immediately or risk being deported. I found this strange as I had already left the country months before and well within the expiration period. Could this just have been an automatically issued letter just because I did not apply to remove conditions?

Also a few years later, I was considering visiting the USA for a holiday and I phoned the US Embassy helpline just to check it was ok and they told me I should have sent in my green card to them (this the immigration officer didnt tell me!) so I did this and got written confirmation that it was received.

Obviously this was some years ago now but I want to make sure my immigration history isnt 'tarnished' in anyway (I am living and working in Australia now and will be apply for perm resiendency at some stage, I know they delve deep into your immigration and travel history).

Would it have been recorded electronically when I left the country? Should I have done anything to prove I had left the country and if so is there anyway I can find out whether I am 'in the clear' or how I can go about clearing my good name if not!

Seems from what ive seen here, people who dont chose to stay within the 2 year period do simply just return home, but I just want to be sure as I know the Oz immigration ask about previous immigration history and will check up on it.

Cheers,

James

[Zen Den 18]

Hi All,

Odd one here. I entered the US on a fiance visa back in 2000, married and got my conditional green card. Within the 2 year period we split up and I got on a plane and returned home, I have not returned to the US since. Before I left the country I deliberately went to the INS office to ask if there was anything I needed to do before leaving the country for good and was told to just leave within the period and just let the Conditional Green Card expire, no need to fill any forms etc, I could just leave. So this is what I did. We filed our final joint tax return together covering up to the final month of my employment but then I did nothing further in terms of taxes as I had not lived or work in the US anymore.

Some months later my ex wife received a letter addressed to me telling me that as I did not apply to remove the conditions I should leave the country immediately or risk being deported. I found this strange as I had already left the country months before and well within the expiration period. Could this just have been an automatically issued letter just because I did not apply to remove conditions?

Also a few years later, I was considering visiting the USA for a holiday and I phoned the US Embassy helpline just to check it was ok and they told me I should have sent in my green card to them (this the immigration officer didnt tell me!) so I did this and got written confirmation that it was received.

Obviously this was some years ago now but I want to make sure my immigration history isnt 'tarnished' in anyway (I am living and working in Australia now and will be apply for perm resiendency at some stage, I know they delve deep into your immigration and travel history).

Would it have been recorded electronically when I left the country? Should I have done anything to prove I had left the country and if so is there anyway I can find out whether I am 'in the clear' or how I can go about clearing my good name if not!

Seems from what ive seen here, people who dont chose to stay within the 2 year period do simply just return home, but I just want to be sure as I know the Oz immigration ask about previous immigration history and will check up on it.

Cheers,

James

hi. from what i read so far, you don't need to worry about anything because your departure was way before your GC expiration, you departed as a law-abiding LPR and your departure was recorded without any issues. the reason why uscis asked for your expired GC is to make sure you don't make any "creative" use of it, if you know what i mean. and although your whole US immigration status will probably be asked in wherever country you decide to become a permanent resident, it would still show you had a good record. just keep your GC receipt though, it might serve you a good purpose in the future. god bless!

[wannabe_texan 0]

In recent months, many people have received an automatic 'reminder' letter to apply for removal of conditions, I've seen it mentioned a few times in the last 4-5 months. so I think that's the letter your wife received, it's just a reminder to file the I-751. In your case it doesn't matter.

Edited June 17, 2009 by wannabe_texan

[rebeccajo 14]

In recent months, many people have received an automatic 'reminder' letter to apply for removal of conditions, I've seen it mentioned a few times in the last 4-5 months. so I think that's the letter your wife received, it's just a reminder to file the I-751. In your case it doesn't matter.

My husband received the reminder letter. It does mention that if one does not comply with filing to remove conditions that the immigrant's status will be affected.

The letter the OP's ex-wife received sounds like an order of removal - not the same at all as the reminder letter.

I rather doubt that Australian immigration will be concerned with the history of an alien insofar as immigration to other nations. However, if the OP wishes to be doubly sure his record with the US is clean, I would suggest he send a certified letter to the Director of the Service Center to which he would have applied to remove conditions. The letter should refer to the OP's alien registration number with the US. It should clearly with dates spell out the facts as the OP relates them here. The OP should attach any tangible proof of the situation - divorce decree from his US wife; proof of when he returned to the UK; etc. If I were the OP, I would kindly request an answer to my correspondence.

[L179 1]

you have not done anything illegal

you entered the US through proper channels and left while still legal.

no harm your way

[jamesinoz 0]

hmmm having said that maybe it just was a reminder letter, I really cant remember to be honest, obviously this was a long time ago, I think I still have the letter packed in storage at my parents house in the uk. Not to mention my ex-wife did not get any visits from immigration, which I would imagine would have happened had they thought I was still in the country. I would have thought they would have checked plane records before they sent in the heavies

Ive also found out I was meant to have gotten a Sailing and Departure permit from the IRS before I left, again something I wasnt aware of at the time, to be honest, my wife used to deal with all our tax stuff and I was an emotional wreck when I left. We did however file a joint return later for the final year I was in the US, all my tax was witheld from my wages anyways so its not like I was trying to avoid paying tax.

Do you think if I goto the US Embassy with my passport they might be able to tell me whether I have a dodgy mark against my name or not?

[rebeccajo 14]

Do you think if I goto the US Embassy with my passport they might be able to tell me whether I have a dodgy mark against my name or not?

I suppose you could at least ask them if they would be willing to speak to you about it. Try e-mailing them about your situation. Again, I would reference your US alien registration number in the message.

LondonConsular@state.gov