Conditional GC expired while overseas 'cause of my husband

[Muna 0]

Hello everyone !!

I'm married to a USC, My conditional green card expired while we came to our original country with our son to stay for one month for summer vaccation,we came 4 months before the expiration date, then my husband stole all the documents such as the passport and the green card and refused to give them back to me. also our child USC passport,birth certificate... etc I couldnt make a new passport before the date of expiration neither for me because of the holidays or for my son because his father's signature is required.

Now it's been 1 month after the expiration date of my green card, i tried to contact many lawyers and congressmans, but with no success.

Some people told me to file the form I-751 from here whith a waiver and include some documents to prove our marriage's good faith. and they will send the receipt if i gave them enough good reasons.

Others said I must file the DS-117 form .to apply for returning resident visa,

What's the safest and the best way to follow please? I'm really afraid he might take my child away from me whenever he got a chance.

Thank you so much.

[NigeriaorBust 4,087]

If you did not apply to remove conditions before the card expired then you may have lost status. You may be able to file late if you can prove extreme circumstances. Can you prove that your husband took your documents ? Did you file a police report ?

[aaron2020 11,651]

This is not a do-it-yourself situation IMHO.

You need an US immigration lawyer to help you get your green card back.

Getting your son's passport back should be easier since the US Embassy can help with replacing a stolen passport.

Do not procrastinate since time is not on your side. Get a US immigration lawyer today.

After you get back to the US, you should get a family lawyer to sue the jack hole who abandoned his family for divorce, alimony, and child support. Remain an LPR for life to get support based on the I-864 obligation.

Edited December 14, 2013 by aaron2020

[Muna 0]

If you did not apply to remove conditions before the card expired then you may have lost status. You may be able to file late if you can prove extreme circumstances. Can you prove that your husband took your documents ? Did you file a police report ?

I did not apply to remove the conditions because it was more than 100 days ahead the date of expiration.

Yes I did file a police report and he gave me my passport and my expired GC 7days ago, in the police department, but he refused to give me our son's passport because he has the right here to keep it too.

[Muna 0]

This is not a do-it-yourself situation IMHO.

You need an US immigration lawyer to help you get your green card back.

Getting your son's passport back should be easier since the US Embassy can help with replacing a stolen passport.

Do not procrastinate since time is not on your side. Get a US immigration lawyer today.

After you get back to the US, you should get a family lawyer to sue the jack hole who abandoned his family for divorce, alimony, and child support. Remain an LPR for life to get support based on the I-864 obligation.

I did contact many immigration lawyers, but they said they don't work with ppl overseas.

to get my son's passport the US embassy here refused to give me a new one since the first one still valid and the father keeps it. also I paid the fees and everything but they said i'll need the father's signature anyhows

[kzielu 1,149]

Your major mistake was to allow being caught out of country without going ROC in time. Right now most likely scenario is your status will be terminated for not filing ROC on time, you'll have to be repetitioned which isn't going to be possible unless your husband changes his mind and you will not be able to go back to US anytime soon if ever. Your only chance is good immigration lawyer but fact you're out of country is your huge disadvantage.

[Muna 0]

Shall I file the form I-751 and include the documents I have?

Or file the DS-117 first ???

what shall I do Please?

[kzielu 1,149]

How you're travel for your biometrics with no document that will allow you to travel back to US ? You heard it multiple times - lawyer. Otherwise you won't be back to US anytime soon if ever.

[aaron2020 11,651]

Shall I file the form I-751 and include the documents I have?

Or file the DS-117 first ???

what shall I do Please?

You need a lawyer.

This is beyond the ability of a bunch of amateurs to help.

If anyone knew the answer, you would have gotten it already.

You need a lawyer.

If you screw this up, you may have no way back to the US. You have a limited opportunity to fix this.

You need a lawyer.

[Muna 0]

ok thank you guys... thanks for ur answers