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

[mandixon 9]

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?

Coming back shouldnt be an issue. i stayed outside the usa for more than 6 months twice while traveling on a conditional green card. no issues getting back, but u will have to convince USCIS that you entered the marriage in good faith if u r no longer married. this is when u apply for the removal of conditions (right before the 2nd anniversary of becoming a resident). it is ur responsibility to prove that u didnt intend to get a GC and divorce. they will give u examples of evidence to provide to prove ur intent. u can look that up online actually. u need to make a good case, otherwise deportation is waiting for u. good luck!

Edited April 7, 2013 by mandixon

[Dave&Roza 748]

when u apply for the removal of conditions (right before the 2nd anniversary of becoming a resident). it is ur responsibility to prove that u didnt intend to get a GC and divorce. they will give u examples of evidence to provide to prove ur intent. u can look that up online actually. u need to make a good case, otherwise deportation is waiting for u. good luck!

Unless he gets a divorce and it is finalized before his second anniversary of his LPR date, as he would have to file ROC ASAP with the waiver for joint filing and include the divorce decree.

Dave

[LBeachey 44]

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

Removing conditions would be the issue.

You have time but if your wife is initiating the end of the marriage as the USC unless she has evidence showing you have acted in bad faith, were abusive, etc., the removal of conditions on your GC should not be a huge problem.

[mandixon 9]

Unless he gets a divorce and it is finalized before his second anniversary of his LPR date, as he would have to file ROC ASAP with the waiver for joint filing and include the divorce decree.

Dave

Right!

[mandixon 9]

Unless he gets a divorce and it is finalized before his second anniversary of his LPR date, as he would have to file ROC ASAP with the waiver for joint filing and include the divorce decree.

Dave

I hope my initial comment wasnt misunderstood. i never meant that deportation is the sole option if one divorces while on conditional GC. a conditional GC holder can divorce and stay in USA as a permanent resident as long as they can show that the entered the marriage in good faith to begin with.

[MrMadCat 18]

I'm confused by some comments here. Let's say for exmaple, my wife and I end up getting divorced down the road and before I file for ROC. It's a no-fault divorce, let's say. Doesn't this itself kinda show that it was entered in good faith and just ended and no one was at fault? Also does anyone have a list, or link, to where I can find the evidence that it was entered in good faith.

Also does it matter who initiates the divorce to begin with? USC or non USC?

[Nich-Nick 3,354]

I'm confused by some comments here. Let's say for exmaple, my wife and I end up getting divorced down the road and before I file for ROC. It's a no-fault divorce, let's say. Doesn't this itself kinda show that it was entered in good faith and just ended and no one was at fault? Also does anyone have a list, or link, to where I can find the evidence that it was entered in good faith.

Also does it matter who initiates the divorce to begin with? USC or non USC?

Your question has become two in this thread. First question of returning to the US soon. No problems. No reason to discuss your marriage. You are a permanent resident for two years.

Second topic is getting your 10 year greencard. There is a forum for removing conditions for you to study when the time comes. It's not part of coming back to the US after 4 months away. You don't have to sort that out now. But you will want documentation of having co-mingled your finances and lives so work on getting those things when you return. Joint things like bank statements, credit cards, bills, lease, income tax, also show mail received at the same address. Go to this forum to discuss things you will need to show you married in good faith, but it didnt work out.

http://www.visajourney.com/forums/forum/86-removing-conditions-on-residency-general-discussion/. The things you show will be similar, but only for the time up to your final divorce, not two years worth like many people have.

[MrMadCat 18]

Your question has become two in this thread. First question of returning to the US soon. No problems. No reason to discuss your marriage. You are a permanent resident for two years.

Second topic is getting your 10 year greencard. There is a forum for removing conditions for you to study when the time comes. It's not part of coming back to the US after 4 months away. You don't have to sort that out now. But you will want documentation of having co-mingled your finances and lives so work on getting those things when you return. Joint things like bank statements, credit cards, bills, lease, income tax, also show mail received at the same address. Go to this forum to discuss things you will need to show you married in good faith, but it didnt work out.

http://www.visajourney.com/forums/forum/86-removing-conditions-on-residency-general-discussion/. The things you show will be similar, but only for the time up to your final divorce, not two years worth like many people have.

Thanks !!! This was really helpful and answered a lot of questions I had lingering in the back of my mind.

Will take it one step at a time.