Removing conditions, LPR out of country longterm, divorce waiver pending

[WombatWombat 9]

Hi All, I have a few questions regarding our situation, that I'm still not quite clear about.

Spouse is conditional green card holder and we filed for removal of condition jointly. Marriage deteriorated (I had another thread about this, so no need to re-hash) . Spouse returned to his home country for 5 months in November, despite removal of condition still pending. Return ticket was originally for April, but is now changed to November (almost 1 year out of country). After he left, I filed for divorce and served him with the divorce complaint. I also let Immigration know that divorce proceedings were pending, and his ROC would have to be a divorce waiver. Spouse was at first willing to agree to a non-contested divorce but has since changed his mind. In our State, a contested divorce requires a two year separation.

He has an extension letter for his conditional green card that expires in August 2016. His ROC was filed June 2015

We have filed a joint tax return this year, as in previous years. Officially, my address is still his address, as there is no forwarding address in his country. He is stating that he wants to return to the US, but has no income or job (hasn't been able to hold a job in 3 years). Any paperwork (green card, RFE etc) would still come to my address.

If he comes back to the US in November or later, would he be admitted to the US, or could POE put him back on a plane and send him back to his country without admitting him if they consider his green card abandoned? If that's the case, who would pay for that flight, as he has no financial means?

Or would he be admitted and then have to go in front of an immigration judge to plead his case? If a divorce really takes 2 years, would he be able to stay and work in the US until the divorce decree is available and just be out of status until then? What if he stays out of country for 2 or more years, could he prove that he didn't plan to abandon his status but just didn't have the financial means to return earlier?

What if there is an interview for ROC while he is in his home country, and he misses it?

If they issue a green card without waiver by mistake and send it to my house, what should I do with it? Return to sender, or send it to the embassy in his country for him to pick it up? Or could I just send him a photo of the new card, as it would be in the system at POE that he has a green card anyway?

I just don't want to be married to him anymore, but still care. I don't want him to lose the opportunity to live in the US, should he so desire (he changes his mind every few months), but I don't want to be financially responsible for him anymore (other than the 864).

People have been asking me questions about his green card status, and I also suspect he might not sign the divorce paper because he thinks it will affect his status as a LPR.

Sorry if I was rambling...

[Harmonia 211]

The extension letter expires in Nov., but that doesn't mean his permanent residency is expired. If he were in the US, he'd just go to get a stamp in his passport to evidence continued permanent residency...or do nothing, if he didn't need "proof". Many people's 1 year extension letters expire because the process can easily take over a year.

I don't know how being out of the country factors into it, but I wanted to comment because you wrote that if he comes back after Nov. (when the letter expires), will he go before an IJ. Yeah, definitely not just due to an expired extension letter.

If the divorce takes 2 years, it takes 2 years, and meanwhile he's still a conditional permanent resident. That doesn't affect his permanent residency. Every state has a different process. Some states require a year separation, for instance. USCIS can't dictate how a state will run its family law procedure for divorce. Likewise USCIS can't punish someone because their state takes a long time to divorce.

Since you notified USCIS you filed divorce, the ROC is put on hold until he has the final divorce decree. He remains a conditional permanent resident. He will NOT be out of status. His status change from conditional to non-conditional hasn't been decided. Its pending.

ROC could be pending for months or even years, with or without an interview. A friend's recently took 20 months, with an RFE but no interview, until he randomly got approved one day. I see you're filing through Vermont, which is taking FOR.EVER. All the while, the person remains a conditional permanent resident.

But again, I don't know how his absence outside the country will affect his residency.

From what folks on here report, if you're called for an interview, it'll be with the immigrant and the USC spouse. Both must attend, or the ROC will be denied.

As far as what to do with the green card, I'd keep it, just like I assume you're doing with all his mail. It is his permanent residence "officially", right?

Edited April 6, 2016 by Harmonia

[Harmonia 211]

Also, I see you're in Boston per your profile. You're mistaken if you think you need to be separated 2 years for a contested divorce in MA. There are 2 types of divorce in MA, 1A and 1B, and neither require separation for any length of time. You can live with your spouse up to the day you are divorced, and you can even live together after you're divorced.

There's also no such thing as "legal separation", although many people get confused with an order of "separate support" as a legal separation. Separate support is for people who don't want to be divorced (often religious reasons) but don't want to live together, and its how they decide child support, custody, things that are typically decided in a divorce.

Edited April 6, 2016 by Harmonia

[NikLR 13,231]

Roc letter will expire 1 year after green card did. When will that be?

[Boiler 45,912]

It really is nothing to do with you now what he does or does not do, his immigration issues are his.

You mentioned the I 864 and it is really in your interest that he does not come back.

How will he come back if he has no money?

[Pinkrlion 2,724]

His ROC expires in Aug, without a 551 stamp before November return not sure if he will be able to enter. Usually when the ROC flips to divorce waiver there is an interview, if he misses interview, petition is denied.

[Ebunoluwa 6,136]

In addition to what others said I want to point out that he doesn't have to agree with the divorce, you can get divorced without him

signing papers.

Any USCIS mail is his and wherever he wants it send you send it with the rest of his mail.

Not sure why you even care what happens with his immigration process now.

He has to grow up and live with the consequences of his decisions without you as an enabler rescuing him or still hovering and guiding

his process.

[Boiler 45,912]

Up to him to update his address.

[Ebunoluwa 6,136]

Up to him to update his address.

Very true. I believe they had a verbal agreement what should happen with his mail, if not it can be returned to sender.

[NigeriaorBust 4,087]

If he returns you are still on the hook for the affidavit of support until he has been credited for 40 quarters of work. If he doesn't work you are on the hook until he dies or you die or he leaves the US for good or he becomes a USC

[THEMSRILEY 4]

Has the AOS rules change.....you are not on the hook for someone until they die, if they dont work. I thought it was 10 years or 40 quarters. Correct me if I am wrong.

[NikLR 13,231]

Has the AOS rules change.....you are not on the hook for someone until they die, if they dont work. I thought it was 10 years or 40 quarters. Correct me if I am wrong.

Yes you're wrong. 40 WORK quarters, leave the country permanently (abandon residency), die, or become a USC

[IcezMan_IcezLady 582]

So it is in your interest that he doesn't return.

[iwannaplay54 985]

It is not you who has to set up and provide an address for USCIS (or anyone / anywhere else) it is him. Send a letter in to USCIS with the case number and a copy of the divorce petition, add that you are no longer handling his mail and he no longer lives there and return all of his subsequent mail to sender. Remind him that he alone is responsible for arranging a mailing address with USCIS and filing his own waiver after the divorce has been finalized. It's spelled out in the little package of goodies that came with the green card.

If he wants to live in the US he needs to come back, pursue his dream, and take care of his status himself. Not your problem anymore. Hate to see things like this happen but when it does the responsibility for continuing through the immigration process is on the shoulders of the immigrant. One thing to not hold a job, quite another to be too lazy to make arrangements to cover your own business.

All bets are off when it comes to divorce. Including verbal agreements to handle delivery of mail. You should not keep it or open it or destroy it, you should simply return it with a note "no longer lives here", He wants it bad enough, he can track it down and get it himself. Good luck.

[IcezMan_IcezLady 582]

It is not you who has to set up and provide an address for USCIS (or anyone / anywhere else) it is him. Send a letter in to USCIS with the case number and a copy of the divorce petition, add that you are no longer handling his mail and he no longer lives there and return all of his subsequent mail to sender. Remind him that he alone is responsible for arranging a mailing address with USCIS and filing his own waiver after the divorce has been finalized. It's spelled out in the little package of goodies that came with the green card.

If he wants to live in the US he needs to come back, pursue his dream, and take care of his status himself. Not your problem anymore. Hate to see things like this happen but when it does the responsibility for continuing through the immigration process is on the shoulders of the immigrant. One thing to not hold a job, quite another to be too lazy to make arrangements to cover your own business.

All bets are off when it comes to divorce. Including verbal agreements to handle delivery of mail. You should not keep it or open it or destroy it, you should simply return it with a note "no longer lives here", He wants it bad enough, he can track it down and get it himself. Good luck.

^^ I agree with his one.. cos if you don't return his mails from USCIS to USCIS, he could claim that you kept his mails from him. which is against the law.