I think I screwed up my wife's status ( please help!)

[Cazwik 11]

So the short story.

My wife was awarded her green card in march of 2013. I received orders to Korea in May13. These Orders were non command sponsored. We had a 1 year old at the time, one on the way ...So life was going to be tough for her.

I sent her to my parents while I applied for her to come over here with me. I was told by someone I could bring her, and I did not NEED the Command Sponsorship.

I Called USCIS military line to see if this would hurt her, to witch they said since it was Military orders it would be ok and to make sure to change her address. I did that.

I brought my family over no problem , she has a SOFA Visa approved to be here till the time I leave.

Shes been here for a year now... and when i went to get information on how to get her probation off her green card.I was told its possible for her to get denied because she never returned within the year because my orders don't have her name on there. I have been trying to get command sponsorship now since i have been here to get her name on orders... but I have been getting the run around... Still after a year of trying I get something like " We are still waiting" . I extended here and have gone with my wife to visit her family twice now.

So its time to get her probation off her green card. Am I screwed? When I leave in august is my wife stuck going back to the Philippines. Is there any possibility USCIS will have mercy? She has been here with our 2 kids the whole time. We have had a legit bonefide marriage Since Feb 2nd. 2012. We are freaking out right now. . .

Has anyone ever had this situation ? Is there anything I can do ?

V/r

Chad

[kzielu 1,147]

Are you back to US ? Her only problem will be return to US since CBP may want to claim she abandoned residency - which I highly doubt will be in issue especially is she is returning with you. From Removal of Condition process standpoint (what I assume you called probation), once she is in US, she will be absolutely fine (assuming her 2 years haven't passed yet).

[Cazwik 11]

Negative I am still on here in Korea till August of 2015. Shes been with me here since JAN 14. Her window just opened up yesterday and I m was trying to get that information togather. I would send her back but to spend that much money right now isnt really happening... both my kids are now 2+

[kzielu 1,147]

Negative I am still on here in Korea till August of 2015. Shes been with me here since JAN 14. Her window just opened up yesterday and I m was trying to get that information togather. I would send her back but to spend that much money right now isnt really happening... both my kids are now 2+

Well - you may want to consider sending her back for RoC, otherwise you'll have to spend money and - what's more important - time -on reapplying for IR-1 for her when you're ready to back. If she does not remove conditions, her status will be automatically terminated and it will be guaranteed she will not be allowed back in US - her GC will be expired and she will have nothing else to show to CBP at POE.

[Cazwik 11]

I just got a hold of Military Line, and they said I should be ok to do ROC from here, as long as I have proof that shes been here with me and the family while I was serving here. That should be pretty easy, hopefully nothing comes up .

[thelastpetitioner 218]

Of course it's gonna be okay. There is a chance of denial whenever an immigrant files for adjustment of status or a new green card, her chances are no higher than that.

[newbie87 20]

US military bases overseas are considered US soil so she shouldn't have a problem if she's on your orders