Do I stand a chance?

[laila 0]

Here is my brief story. I got married to a US citizen after a whirlwind romance in my country.

Although we were legally married he applied for a K-1 visa for me and a K-2 daughter from previous marriage saying it would take less time for us to get to USA.

So we got to USA. Got married there again. And then our marriage which was entered in good faith started getting sour because of his abusive behaviour and ended about a year and half after I got to USA. In the mean time we had gotten our conditional green cards. After the divorce, since I had no support system in USA, and since I was heart broken, I decided to return to my home country.

Living here in my country I had to face a lot of stigmatization because of my divorce. I and my daughter had to face a lot of nasty comments, slurs and were isolated from the family because divorce is really frowned upon in my culture and it is considered a woman's duty alone to somehow make the marriage work.

So I have been trying to readjust among all this stigmatization but it is not happening. It is affecting my daughter too. I think women who are from South Asia ( India, Pkistan, Bangladesh) would be better able to understand the kind of stigmatization a woman has to face because of divorce.

And now I am forced to thinking of moving back to USA.

Our green cards are valid until June 2007. I have heard from a couple of women in the same predicament as I that when their green cards were up for removal of conditions, they were given a one year extention to proove their case.

In my case I have the documents of our living together for the period of our marriage. I have the wedding photographs and wedding papers which took place in my country, And I have the affadavits from the NGO which helps women suffering from domestic abuse. That NGO had my case and helped me a lot in my difficult days.

Now my question is if I go back to USA, with my daughter ( our stay outside of USA has been less than a year). Will I stand a good chance of getting my permenant green card when I self petition?

My now ex husband had said to me at the time of divorce that he has already written to USCIS that our marriage was a fraud. Which it definetly was not.

I know you guys are not immigration lawyers, but you certainly are more knowledgeable than me and can help me with good advice.

Should I come back to USA and then hire an immigration attorney and self petition or is it all a wild goose chase and I will loose any way?

Please please give me your sincere advice based on your knowledge/ experience. I am going through a very tough time here and if there is a chance that I can get back to USA with my daughter and start my life fresh I would like to avail that chance. Life is not very good here in my country for divorced women like me because of the attitudes of people.

Thanks

Laila

[phatmadame81 0]

Here is my brief story. I got married to a US citizen after a whirlwind romance in my country.

Although we were legally married he applied for a K-1 visa for me and a K-2 daughter from previous marriage saying it would take less time for us to get to USA.

So we got to USA. Got married there again. And then our marriage which was entered in good faith started getting sour because of his abusive behaviour and ended about a year and half after I got to USA. In the mean time we had gotten our conditional green cards. After the divorce, since I had no support system in USA, and since I was heart broken, I decided to return to my home country.

Living here in my country I had to face a lot of stigmatization because of my divorce. I and my daughter had to face a lot of nasty comments, slurs and were isolated from the family because divorce is really frowned upon in my culture and it is considered a woman's duty alone to somehow make the marriage work.

So I have been trying to readjust among all this stigmatization but it is not happening. It is affecting my daughter too. I think women who are from South Asia ( India, Pkistan, Bangladesh) would be better able to understand the kind of stigmatization a woman has to face because of divorce.

And now I am forced to thinking of moving back to USA.

Our green cards are valid until June 2007. I have heard from a couple of women in the same predicament as I that when their green cards were up for removal of conditions, they were given a one year extention to proove their case.

In my case I have the documents of our living together for the period of our marriage. I have the wedding photographs and wedding papers which took place in my country, And I have the affadavits from the NGO which helps women suffering from domestic abuse. That NGO had my case and helped me a lot in my difficult days.

Now my question is if I go back to USA, with my daughter ( our stay outside of USA has been less than a year). Will I stand a good chance of getting my permenant green card when I self petition?

My now ex husband had said to me at the time of divorce that he has already written to USCIS that our marriage was a fraud. Which it definetly was not.

I know you guys are not immigration lawyers, but you certainly are more knowledgeable than me and can help me with good advice.

Should I come back to USA and then hire an immigration attorney and self petition or is it all a wild goose chase and I will loose any way?

Please please give me your sincere advice based on your knowledge/ experience. I am going through a very tough time here and if there is a chance that I can get back to USA with my daughter and start my life fresh I would like to avail that chance. Life is not very good here in my country for divorced women like me because of the attitudes of people.

Thanks

Laila

Laila, I do not have a answer for you but I am so sorry that your marriage did not work out. Maybe if you had stayed in the country you could have self petition based on abuse but seeing that you were out of the country I am not too sure, I am sure someone will be by to assist you.

Again I am so soory about your predicament.

[Laveau 67]

I have no advice but would like to say that I'll keep you and your daughter in my prayers. Good luck to you.

[john_and_marlene 162]

Here is my brief story. I got married to a US citizen after a whirlwind romance in my country.

Although we were legally married he applied for a K-1 visa for me and a K-2 daughter from previous marriage saying it would take less time for us to get to USA.

So we got to USA. Got married there again. And then our marriage which was entered in good faith started getting sour because of his abusive behaviour and ended about a year and half after I got to USA. In the mean time we had gotten our conditional green cards. After the divorce, since I had no support system in USA, and since I was heart broken, I decided to return to my home country.

Living here in my country I had to face a lot of stigmatization because of my divorce. I and my daughter had to face a lot of nasty comments, slurs and were isolated from the family because divorce is really frowned upon in my culture and it is considered a woman's duty alone to somehow make the marriage work.

So I have been trying to readjust among all this stigmatization but it is not happening. It is affecting my daughter too. I think women who are from South Asia ( India, Pkistan, Bangladesh) would be better able to understand the kind of stigmatization a woman has to face because of divorce.

And now I am forced to thinking of moving back to USA.

Our green cards are valid until June 2007. I have heard from a couple of women in the same predicament as I that when their green cards were up for removal of conditions, they were given a one year extention to proove their case.

In my case I have the documents of our living together for the period of our marriage. I have the wedding photographs and wedding papers which took place in my country, And I have the affadavits from the NGO which helps women suffering from domestic abuse. That NGO had my case and helped me a lot in my difficult days.

Now my question is if I go back to USA, with my daughter ( our stay outside of USA has been less than a year). Will I stand a good chance of getting my permenant green card when I self petition?

My now ex husband had said to me at the time of divorce that he has already written to USCIS that our marriage was a fraud. Which it definetly was not.

I know you guys are not immigration lawyers, but you certainly are more knowledgeable than me and can help me with good advice.

Should I come back to USA and then hire an immigration attorney and self petition or is it all a wild goose chase and I will loose any way?

Please please give me your sincere advice based on your knowledge/ experience. I am going through a very tough time here and if there is a chance that I can get back to USA with my daughter and start my life fresh I would like to avail that chance. Life is not very good here in my country for divorced women like me because of the attitudes of people.

Thanks

Laila

I'm sorry to hear what has happened to you and I hope this will work out in your favor. I do think, however, that you may encounter some level of difficulty even trying to reenter since you may be viewed as having abandoned your permanent residence. At a minimum, you will be asked to show some evidence that you maintained your domicile in the U.S. while you were absent. Since you made your domicile back in your country, this may not be possible. There are several factors they will look at to determine if you abandoned your status. Did you file U.S. taxes for 2005? Did you accept employment in your home country? It is possible for your status to be deemed abandoned in far less than 1 year... in some cases even in less than 6 months.

Is there anyone in the U.S. that could consult with an immigration attorney for you?

I do wish you well.

Edited to add:

I went and looked up the status information so that you will be fully away of the status issue.

http://www.uscis.gov/graphics/howdoi/PermRes.htm

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently.

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a “nonimmigrant” on your tax returns.

Edited July 7, 2006 by john_and_marlene

[laila 0]

Thanks for your advice and sincere wishes.

To answer your questions:

1. No I did not take any job or employment in my country. I was home trying to heal from this traumatic experience and I just did not have it in me to face the outside world given their general behaviour.

2. As for income tax for 2005, I had no income in 2005 in USA or any where else. While married I was a stay at home wife as per my ex-husband's orders. And I did not file any income tax returns. I had come back to my country in late Novemeber 2005. Year before that, in 2004, my ex husband had filed our joint income tax returns as head of household.

3. As for establishing residency in my country, no I did not do that . I was and am living with my mother. When I left USA I had to vacate my apartment and so I do not have a residence there either.

[laila 0]

John_and_marlene,

I have asked the social worker for the NGO which helped me during those difficult times to consult a US immigration attorney on my behalf and let me know what he thinks of my case. I hope I hear from them very soon. Because if I am to get to USA I better do it before mid July as that would make a year for my daughter's stay outside of USA. I had to bring her back to my home country as the situation over there was getting worse and worse with my ex-husband's teenaged son's involvement in drugs and watching porno movies with his male friends at home. I did not feel it to be a safe environment for my daughter.

[Emo 0]

Thanks for your advice and sincere wishes.

To answer your questions:

1. No I did not take any job or employment in my country. I was home trying to heal from this traumatic experience and I just did not have it in me to face the outside world given their general behaviour.

2. As for income tax for 2005, I had no income in 2005 in USA or any where else. While married I was a stay at home wife as per my ex-husband's orders. And I did not file any income tax returns. I had come back to my country in late Novemeber 2005. Year before that, in 2004, my ex husband had filed our joint income tax returns as head of household.

3. As for establishing residency in my country, no I did not do that . I was and am living with my mother. When I left USA I had to vacate my apartment and so I do not have a residence there either.

You have very good chance to receive permanent green card if you have been abused in the past and I don’t think anyone will call on himself regarding fraud marriage.

[diadromous mermaid 36]

Can you offer us a timeline, so that we can get an idea of how long it has been since you

received conditional green card

divorced

left the country ?

[shirlJ831 0]

I too think you may have problems but pray things DO work out for you. My heart goes out to you with what you have had to endure sorry sweetie

[meauxna 15]

Laila,

You can't win if you don't play.

I don't know of any penalty for trying.

Good luck!

[john_and_marlene 162]

John_and_marlene,

I have asked the social worker for the NGO which helped me during those difficult times to consult a US immigration attorney on my behalf and let me know what he thinks of my case. I hope I hear from them very soon. Because if I am to get to USA I better do it before mid July as that would make a year for my daughter's stay outside of USA. I had to bring her back to my home country as the situation over there was getting worse and worse with my ex-husband's teenaged son's involvement in drugs and watching porno movies with his male friends at home. I did not feel it to be a safe environment for my daughter.

I do hope you hear back very soon. I agree that your chances are much better to return before a year than if you exceed a year. It would appear that if the year passes, your chances are far less for readmittance.

Good luck to you.

[Boiler 45,965]

Married but entered on a K1.

Might be an issue....

A pot luck situation as far as re-admittance is concered, but if you do not try you will never know.

And the sooner you try the better.

[diadromous mermaid 36]

Married but entered on a K1.

Might be an issue....

.

Yes, indeed. Providing evidence of the marriage papers in the native country to USCIS, would certainly demonstrate that the wrong visa was used to enter the country! Apparently, since the conditional green card was awarded, USCIS was none the wiser.

The OP has only been out of the country since November 2005, and in that regard return without a re-entry permit is permissible, however, ties to the USA during her absence appear rather questionable.

[laila 0]

diadromous mermaid,

my time line is:

- got married in April 2003 in my country.

-Ex husband applied for K-1 visa in May 2003

-Got K-1 and K-2 Visas in June 2004.

-Came to USA in Oct 2004

-Got conditional green cards in June 2005

- My daughter was sent back home because of the unsafe environment in July 2005

- Divorce filed by husband, as I did not have filing fees in Oct 2005.

-I signed the divorce papers in Nov 2005 and came back to my country.

-Divorce decree awarded by court in Jan 2006, my lawyer represented me at the court.

[Sweetgirl 0]

Here is my brief story. I got married to a US citizen after a whirlwind romance in my country.

Although we were legally married he applied for a K-1 visa for me and a K-2 daughter from previous marriage saying it would take less time for us to get to USA.

So we got to USA. Got married there again. And then our marriage which was entered in good faith started getting sour because of his abusive behaviour and ended about a year and half after I got to USA. In the mean time we had gotten our conditional green cards. After the divorce, since I had no support system in USA, and since I was heart broken, I decided to return to my home country.

Living here in my country I had to face a lot of stigmatization because of my divorce. I and my daughter had to face a lot of nasty comments, slurs and were isolated from the family because divorce is really frowned upon in my culture and it is considered a woman's duty alone to somehow make the marriage work.

So I have been trying to readjust among all this stigmatization but it is not happening. It is affecting my daughter too. I think women who are from South Asia ( India, Pkistan, Bangladesh) would be better able to understand the kind of stigmatization a woman has to face because of divorce.

And now I am forced to thinking of moving back to USA.

Our green cards are valid until June 2007. I have heard from a couple of women in the same predicament as I that when their green cards were up for removal of conditions, they were given a one year extention to proove their case.

In my case I have the documents of our living together for the period of our marriage. I have the wedding photographs and wedding papers which took place in my country, And I have the affadavits from the NGO which helps women suffering from domestic abuse. That NGO had my case and helped me a lot in my difficult days.

Now my question is if I go back to USA, with my daughter ( our stay outside of USA has been less than a year). Will I stand a good chance of getting my permenant green card when I self petition?

My now ex husband had said to me at the time of divorce that he has already written to USCIS that our marriage was a fraud. Which it definetly was not.

I know you guys are not immigration lawyers, but you certainly are more knowledgeable than me and can help me with good advice.

Should I come back to USA and then hire an immigration attorney and self petition or is it all a wild goose chase and I will loose any way?

Please please give me your sincere advice based on your knowledge/ experience. I am going through a very tough time here and if there is a chance that I can get back to USA with my daughter and start my life fresh I would like to avail that chance. Life is not very good here in my country for divorced women like me because of the attitudes of people.

Thanks

Laila

Hi Laila,

I;m very sorry to hear the story happened to you. I wish i could help you with something.

Anyways,my advice is never give up!

I am personally truly believe that if you file the Removal of the Conditions petition by yourself you will be approved 98% garantee! If you have all of the necessary evidence that your marriage was entered in the good faith ,you have nothing to worry about and plus my suggestion to you is to hire a good immigration attorney just in case.

Also,i havent payed attention about if you have already divorced to your American husband or still married to him and just went to visit your country for a while?..If you are still married to him you must be divorced by the time you need to file for the Removal conditions petition by yourself. Usually,the divorce procedure in the U.S may take 6 or 7 month ,so you just need to make sure that you gonna be ontime.

Also ,i am concerned about that you say that you have out of the United States less then a year? Was your absence out of the U.S more then 6 month? If you were out of the U.S more then 6 month and havent obtained a reentry permit before leaving the U.S ,you might have trouble in the U.S airport and interegation maybe conducted also. You should be prepared to this action.

So if you stayed less then 6 month outside of the U.S you should be fine and even if you stayed more then 6 month and didnt obtain the reentry permit ,if i were you i would still risk and go for it!

Dont give up ,get the plain tickets and come back you should be fine!

My best wishes.

Sincerely.

diadromous mermaid,

my time line is:

- got married in April 2003 in my country.

-Ex husband applied for K-1 visa in May 2003

-Got K-1 and K-2 Visas in June 2004.

-Came to USA in Oct 2004

-Got conditional green cards in June 2005

- My daughter was sent back home because of the unsafe environment in July 2005

- Divorce filed by husband, as I did not have filing fees in Oct 2005.

-I signed the divorce papers in Nov 2005 and came back to my country.

-Divorce decree awarded by court in Jan 2006, my lawyer represented me at the court.

Divorced, OK,i see you are good for the Removal of the Condition Petition by yourself.

Best wishes.

Sincerely.