Outside the US for 4 months on conditional greencard due to death of mother, want to re-enter, help!

[MrMadCat 18]

Hi guys, I have a huge worry. On 15th Dec last year I was forced to go back to England the next day because my sis called and said our mum was dying in hospital. She died a couple of days after I got back in the UK. During this period my wife decided she didn't want me to come back. So I lost my home, everything because it was all in her name. Also I had to prepare my mothers funeral and spend a lot of time selling all my stuff. I have finally managed to wrap up everything here in the UK. I have not worked, found a place to stay (I'm sleeping on the couch at my sisters place since I've been back) so I have made no effort to re-live in the UK. I don't really have any proof of this though or anything.

Anyway, my greencard was for a marriage based adjustment and obviously my wife and I aren't talking and I simply can't go back and live with her, nor would I want to. My question is, since I've been out for over 3 months now how hard will it be to get back into the US? I have my mums death certificate, a valid PA state ID, an SSN, a joint bank account with her that's still active. No one has used it though since I left. I also have my greencard, etc.

I want to go back and live my life in what I now consider home, but I will be moving state when I enter and starting my whole life. Can I get some advice on the difficulties I may face or what I need to prepare or do before? I don't have an I131 re-entry permit because I expected to be back in the states within a month after I left, but due to the marriage breaking down, that didn't happen. I know I have to act soon if I'm going to go back, but how bad will it be for me? I know I'll probably go to secondary but if I tell them my marriage is over on a marriage based green card, how much ###### will I get?

[kzielu 1,149]

You'll have no problems at all - just go back, no one should make problems letting you in.

[MrMadCat 18]

I thought I should also note my wife refuses to send me any of my stuff, including paperwork. I have absolutely nothing except the documents I listed above since they are all at her address. I haven't reported anything to USCIS because as far as I am concerned I haven't changed address yet (still out of the country), but I will do that as soon as I re-enter since I do have a place/address to stay when I am back.

[Peter_Pan 661]

Out of the US for 4 months with a GC - nothing to worry about.

[Harpa Timsah 13,258]

You can be outside the US for up to a year with a GC without needing any special permission. My condolences on your loss.

[himher 634]

Hi guys, I have a huge worry. On 15th Dec last year I was forced to go back to England the next day because my sis called and said our mum was dying in hospital. She died a couple of days after I got back in the UK. During this period my wife decided she didn't want me to come back. So I lost my home, everything because it was all in her name. Also I had to prepare my mothers funeral and spend a lot of time selling all my stuff. I have finally managed to wrap up everything here in the UK. I have not worked, found a place to stay (I'm sleeping on the couch at my sisters place since I've been back) so I have made no effort to re-live in the UK. I don't really have any proof of this though or anything.

Anyway, my greencard was for a marriage based adjustment and obviously my wife and I aren't talking and I simply can't go back and live with her, nor would I want to. My question is, since I've been out for over 3 months now how hard will it be to get back into the US? I have my mums death certificate, a valid PA state ID, an SSN, a joint bank account with her that's still active. No one has used it though since I left. I also have my greencard, etc.

I want to go back and live my life in what I now consider home, but I will be moving state when I enter and starting my whole life. Can I get some advice on the difficulties I may face or what I need to prepare or do before? I don't have an I131 re-entry permit because I expected to be back in the states within a month after I left, but due to the marriage breaking down, that didn't happen. I know I have to act soon if I'm going to go back, but how bad will it be for me? I know I'll probably go to secondary but if I tell them my marriage is over on a marriage based green card, how much ###### will I get?

If your GC is unexpired you're good to return. No need for all that evidence.

We were out for 11 months and returned with not too much trouble.

[MrMadCat 18]

So just to get this straight, that my marriage based adjustment for my gc shouldn't cause any issues re-entering because my marriage is basically over since I left the US? and the fact that I left exactly 1 month after getting approved for my gc shouldn't raise too many red flags? What to say if the officer wants to know where I am staying etc, should I just tell the truth and say I am going to live with my friend in the state which I will be landing in? Just my wife is so unpredictable so I don't know what to expect. I do hope everyone is right though that I will just go through ok? I will be leaving in around a month, so that will put me about 5 months outside the US. I still have some final things to do like sell my motorcycle projects, etc. By the way thank you everyone for your advice, my friend is worried too that I may have problems making it back.

Edited April 6, 2013 by MrMadCat

[churawan 14]

You will be fine with the current greencard.. When you go to remove conditions in 18 months from now, then you will have some explaining to do, but not now... Just reenter and get back to your life, divorce or what ever you need to deal with... The ROC process will be your next review with USCIS....

Edited April 7, 2013 by churawan

[Nich-Nick 3,354]

and the fact that I left exactly 1 month after getting approved for my gc shouldn't raise too many red flags? What to say if the officer wants to know where I am staying etc, .

You left because your mother died. You don't get to pick the timing for that. No red flag.

The officer has no reason to ask where you are staying. You aren't coming in on VWP as a visitor like all your previous trips. No ESTA. You are a permanent resident of the US. You go through the US line at the airport. The only questions you should have to answer are the ones on the customs declaration...are you bringing fruits and vegetables, have you been on a farm, did you touch cows...whatever all those questions are.

[Waiting234 18]

Sounds like you have it easy. Good luck!

[Boiler 45,486]

Sounds like you broke up straight after you obtained your GC.

Removing conditions would be the issue.

[MrMadCat 18]

Thanks guys I am preparing to book a ticket to go back, the problem is one way vs return. I can't get a one way because it's way too expensive, so a return should be fine right? Should't cause an issue? If it is questioned I will just say it was 'cause it was the cheaper option.

[Dave&Roza 748]

So just to get this straight, that my marriage based adjustment for my gc shouldn't cause any issues re-entering because my marriage is basically over since I left the US? and the fact that I left exactly 1 month after getting approved for my gc shouldn't raise too many red flags? What to say if the officer wants to know where I am staying etc, should I just tell the truth and say I am going to live with my friend in the state which I will be landing in? Just my wife is so unpredictable so I don't know what to expect. I do hope everyone is right though that I will just go through ok? I will be leaving in around a month, so that will put me about 5 months outside the US. I still have some final things to do like sell my motorcycle projects, etc. By the way thank you everyone for your advice, my friend is worried too that I may have problems making it back.

You come back to the US and see if the wife wants to try again. If not, you or she files for divorce and once the divorce is finalized you file for ROC with a waiver for joint filing as you are no longer married. Might be a bit of a problem as your marriage ended right after the GC was issued, but then your Mother became ill and died. Sounds like your wife could not handle the seperation. You will have to prove that you did in fact enter the marriage in good faith and that it ended due to bad timing. I think it is doable.

I wish you well,

Dave

[Darnell 8,478]

4 months, no problem.

over 6 months and there's a lot of scrutiny.

Thanks guys I am preparing to book a ticket to go back, the problem is one way vs return. I can't get a one way because it's way too expensive, so a return should be fine right? Should't cause an issue? If it is questioned I will just say it was 'cause it was the cheaper option.

stop thinking like a vwp holder.

yer a green card holder now, can do whatever you want.

[LBeachey 44]

Thanks guys I am preparing to book a ticket to go back, the problem is one way vs return. I can't get a one way because it's way too expensive, so a return should be fine right? Should't cause an issue? If it is questioned I will just say it was 'cause it was the cheaper option.

Whether you have a round trip ticket will not be an issue. As an LPR, you are within your rights to leave the US the next day if you choose. As others have said, absences up to a year are allowed though typically keeping it to less than six months keeps the questions to a minimum. The USC/LPR line at entry is typically much less inquisitive and friendly than the visitor's line.

One issue you did bring up is your address. I do think they typically ask my wife if her address if current. If you have the new address, I would offer it and ask whether the officer can change it or you should change it online.