Can I get my green card back?

[Ravichan 0]

Hello. This may be off topic here, but I would really appreciate it if someone can give me some advice.

I was once married to a U.S. citizen and we divorced soon after my green card was issued. It was mailed to his place in the states but he didn't wanna hand it to me back then, so I gave up on it.

Three years have passed since the green card was expired. My ex and I are kinda back together now and I visited an immigration office if there is a way to get my green card back during my stay in the states last week.

The officer said a divorce doesn't always affect the rejection of renewing a green card, so I should have filed for removing the condition. It took me too long, but still there is a possibility. He told me to get all the paper work we submitted and visit the consulate in my country as I had to leave the states within the week. Today I went to the consulate with all the paper work but the security guy told me to contact the embassy. I live far from the embassy and just cannot visit there and have them check my paperwork. Also, I have contacted the embassy before but they were not really helpful.

I still like to be with him, but I wanna take it slow and don't wanna get married again yet. Does anyone know the same case as mine? Do you think I still have a chance to apply for the green card? If so, is filing I-751 Petition to Remove the Conditions of Residence the correct way? It doesn't have to be a green card, as long as I can legally move there and work until we are ready to get settled again. Also, my ex is willing to help me on the process.

Thank you in advance for your help.

Edited September 28, 2011 by Ravichan

[Krikit 1,165]

Did you maintain residence in the US or did you return to your home country?

Moving from ROC Process to Effects of Major Changes on Immigration Benefits.

[Anh map 2,098]

You won't be able to work without obtaining the green card.

It may be inconvenient for you to visit the embassy, but from what you were told (and have shared here) it seems necessary.

[JimVaPhuong 4,863]

Hello. This may be off topic here, but I would really appreciate it if someone can give me some advice.

I was once married to a U.S. citizen and we divorced soon after my green card was issued. It was mailed to his place in the states but he didn't wanna hand it to me back then, so I gave up on it.

Three years have passed since the green card was expired. My ex and I are kinda back together now and I visited an immigration office if there is a way to get my green card back during my stay in the states last week.

The officer said a divorce doesn't always affect the rejection of renewing a green card, so I should have filed for removing the condition. It took me too long, but still there is a possibility. He told me to get all the paper work we submitted and visit the consulate in my country as I had to leave the states within the week. Today I went to the consulate with all the paper work but the security guy told me to contact the embassy. I live far from the embassy and just cannot visit there and have them check my paperwork. Also, I have contacted the embassy before but they were not really helpful.

I still like to be with him, but I wanna take it slow and don't wanna get married again yet. Does anyone know the same case as mine? Do you think I still have a chance to apply for the green card? If so, is filing I-751 Petition to Remove the Conditions of Residence the correct way? It doesn't have to be a green card, as long as I can legally move there and work until we are ready to get settled again. Also, my ex is willing to help me on the process.

Thank you in advance for your help.

Consulates do not renew green cards, nor do they accept I-751 applications to remove conditions. The USCIS officer you spoke to was probably referring to a returning immigrant visa, which you would apply for at a US consulate. My guess is the security guard you spoke to had no idea what he was talking about.

A divorce has no effect on an unconditional green card, but it has an immediate effect on a conditional green card. You would have had to file an I-751 along with a request for the joint filing requirements based on the divorce. Not only did you not do that, it sounds like it's now been a few years since the conditional green card's actual expiration date. USCIS will accept a late filing for the I-751 if you can come up with a very good reason. Otherwise, your permanent resident status is revoked automatically when the conditional green card expires. Short of being kidnapped, I can't imagine any reason that would satisfy them after three years.

On top of all that, you've been out of the US. If you been out more than a consecutive year without a reentry permit then you've abandoned your residency. That's where a returning resident visa would have come into play. Again, you'd have to prove that your absence was unforeseen and beyond your control.

I think you're getting the bureaucratic shuffle from US government employees who don't really know what to tell you. I don't think there's any chance you'll get your green card reinstated now. By all means, go ahead and give it a shot. Just don't get your hopes up.

[Penguin_ie 5,996]

You say you were in the USA recently. How did you get in?

[Ravichan 0]

You say you were in the USA recently. How did you get in?

Hello everyone, thank you very much for your comments.

I used to be an international student in Oklahoma and that is how my ex and I met. After my graduation, I went back to Japan and we got married in Japan after 6 months. So actuallly I have never lived in the states after marrying him, but I have visited Oklahoma for vacation several times after the divorce. I just get in the states with the VWP status. When I visited there last week, it was my first time to get in without a problem. Before that, I was always stuck at the immigration office and they asked me so many questions before letting me in.

I know it is a small possibility to get a green card again, but it is worth to try. Please let me know if you have any other ideas. Any comments are appreciated.

Again, thanks!

Edited September 28, 2011 by Ravichan

[katiemanny 64]

Hello everyone, thank you very much for your comments.

I used to be an international student in Oklahoma and that is how my ex and I met. After my graduation, I went back to Japan and we got married in Japan after 6 months. So actuallly I have never lived in the states after marrying him, but I have visited Oklahoma for vacation several times after the divorce. I just get in the states with the VWP status. When I visited there last week, it was my first time to get in without a problem. Before that, I was always stuck at the immigration office and they asked me so many questions before letting me in.

I know it is a small possibility to get a green card again, but it is worth to try. Please let me know if you have any other ideas. Any comments are appreciated.

Again, thanks!

I see no possibility to even get a Returning resident visa since you never were a resident of the US in the first place. Your only hope is to start from scratch and either tell your ex to apply for a k1 or get married again and apply for a Spouse visa, other than that no possibility of getting a GC after three years of absence.

Edited September 28, 2011 by katiemanny

[Penguin_ie 5,996]

It may be lack of sleep, but I am not sure how you got your greencard? You lived in Japan when you got married, and never visited the USA until after the divorce according to what you write. It is possible that your US (then) husband petitioned for you and you went to the US embassy for an interview and got a visa, but how did you get a greencard if you never went to the USA?

[Harsh_77 718]

If you have not lived in US after getting married then there was no GC.

You never completed your CR1 process and the documents from embassy in Japan never reached the POE and you were never issued a Green Card.

[Brother Hesekiel 2,236]

But even if you had a Green Card, which we really don't know for sure at this point, you would have misrepresented yourself to a CBP officer as a tourist by entering the U.S. as part of the VWP, if you in fact were a lawful permanent resident, which seems to be rather unlikely at this point. So whatever your situation really is in detail, there may be a few more obstacles in the way then you might be able to see right now.

[Ravichan 0]

Hello. Actually I am surprised that you think that I was not supposed to have a green card. I studied and followed the procedure, and got one without any issues.

After your comments, I looked over my passport again and noticed that I entered the states with my K-3 visa after it was issued. I went back to Japan after spending a week there due to my work, but was it considered as I lived in the states and issued me a green card?

Another problem came up to me. I-751 requires a copy of a green card. My ex lost my green card or forgot where he stored as it was a long time ago. He keeps everything he gets and I doubt that he lost it, but I am not sure if he will be able to find it... Am I really screwed now?

Edited September 29, 2011 by Ravichan

[VanessaTony 3,567]

Hello. Actually I am surprised that you think that I was not supposed to have a green card. I studied and followed the procedure, and got one without any issues.

After your comments, I looked over my passport again and noticed that I entered the states with my K-3 visa after it was issued. I went back to Japan after spending a week there due to my work, but was it considered as I lived in the states and issued me a green card?

Another problem came up to me. I-751 requires a copy of a green card. My ex lost my green card or forgot where he stored as it was a long time ago. He keeps everything he gets and I doubt that he lost it, but I am not sure if he will be able to find it... Am I really screwed now?

Okay.. so you had a K3 visa, entered the US and left? Did you file Adjustment of Status? The K3 visa, unlike the CR-1, is not an immediate greencard.

In any event the GC expired 3 years ago. You did not maintain status, you did not remove conditions.. I seriously doubt you'll get it back by filing ROC and you will instead need to re-apply.

[Harsh_77 718]

OP - I think you need to sit down and come up with right sequence of event, then only ppl on the board can help.

One post you said u never entered after getting married in Japan, another you said you entered with K3.

Either way even if you entered with K3 there were 2 thing one you needed to file for AOS, even if you had filed for AOS you would get a 2 year Conditional GC - Which means the condition was that you were getting perm res status coz of the marriage with USC.

In your case you were divorced, you had moved back to Japan so there was no reason for them to continue your GC after 3 years of expiration.

So filing for removal of condition is not going to work. If you gues are really interested you will have to get engaged or married again and start the whole process again.

Edited September 30, 2011 by Harsh_77

[neko 6]

Hello. Actually I am surprised that you think that I was not supposed to have a green card. I studied and followed the procedure, and got one without any issues.

After your comments, I looked over my passport again and noticed that I entered the states with my K-3 visa after it was issued. I went back to Japan after spending a week there due to my work, but was it considered as I lived in the states and issued me a green card?

Another problem came up to me. I-751 requires a copy of a green card. My ex lost my green card or forgot where he stored as it was a long time ago. He keeps everything he gets and I doubt that he lost it, but I am not sure if he will be able to find it... Am I really screwed now?

Is it possible to apply for AOS and get biometrics and interview done within one week...?

[katiemanny 64]

Is it possible to apply for AOS and get biometrics and interview done within one week...?

way, however the case will make it to USCIS within a week if you send priority mail with delivery conformation.

Edited September 30, 2011 by katiemanny