Stuck & Struggling!

[missvrapter 9]

Hi all. Im in a huge predicament. I fell pregnant to my husband (U.S Citizen) in November 2015. Im currently 6 months pregnant with his child, but we are separated and I came back to the UK to have the baby as he is physically abusive. My conditional GC expires in July and i understand that im in the 90 day window. Can I file as a battered spouse with police reports as sufficient evidence? Can I file while outside the U.S? I wont be able to make it to the US for biometrics as I'll be too heavily pregnant once the time for biometrics comes. I want to continue my life in the US with our child, but not with him because of the abuse. We have agreed on a divorce once the baby is born, and he has agreed to provide the child with Tricare on his VA benefits when he separates from the military next month. He has signed my i-751 form so we can file it jointly, but by time the interview comes up we'll be in the middle of the divorce. What steps can I take to get back to the U.S after my child is born in August??

[Boiler 45,486]

When did you leave the US?

[missvrapter 9]

I left January 21st and returned April 2nd. I just got back to the UK again today

[Unlockable 7,314]

The amount of time out of the US will be a factor.

Seems like the issue now is where will you be living once you return to the US. Also, is he planning on moving forward with AOS with you? The interview?

[missvrapter 9]

No where I will be living isnt an issue. I need to know if im able to file the removal of conditions from outside the U.S and possibly get my biometrics taken here in the UK as I'll be too heavily pregnant to fly.

[Nich-Nick 3,354]

You can mail your application from anywhere while you are temporarily away so it arrives before the GC expires. Your receipt will extend the GC one year. He would have to mail that to you for your return. You can reschedule the biometric appointment If it comes too soon. Then once you get back you can sort out if you are going to do this alone or together. You don't have to charge him with abuse. Sometimes marriages just don't work out. As long as you have evidence of togetherness prior to separation, you can still be granted the 10 year card.

[missvrapter 9]

Okay so I wont have a problem filing from outside the US?

I'll be back in the US in September after my child is born. Should I include in the packet a detailed explanation that I'm pregnant and that we are separated and give them the date that we separated?

[bkghosh 121]

Okay so I wont have a problem filing from outside the US?

I'll be back in the US in September after my child is born. Should I include in the packet a detailed explanation that I'm pregnant and that we are separated and give them the date that we separated?

Since you are not permanently moving to UK, you are not changing your address. So technically you are still at the US address. You do need to send in your application before the conditional GC expires and within the 90 day window of GC expiring (I believe you said July). So most likely you can send your application in right now. But in your case since you really don't want the biometric appointment right away it makes sense to wait till the very end of that window. Also, you have to reschedule it if necessary.

Since you are seperated and most likely going to apply for a divorce, you would want the joint filing requirement be waived. But in such a case, you will have to submit evidence that your removal would result in "extreme hardship" to you. To my understanding, you application won't be processed until you submit the final divorce decree.

[mindthegap 2,590]

File jointly as normal (as you are still married) with no mention of divorce. It makes it a whole lot easier and (despite what some would suggest) it is not fraud, As you are married and have not commenced divorce proceedings yet and there is no legal seaparation order or anything in place at this time, you can still file jointly. Including something about the pregnancy - a scan or something- will probably help your case also.

If it is all done without an interview, then no problem.

If you do get an RFE, still no issue, just send in what they ask for

If you do get called for an interview, that is when you say that you are in the middle of a divorce, and they will add the waiver, and you will be approved when your divorce is final and you provide them with the paperwork proving this.

Yes, you can send your packet from outside the US - I did. Put your US address down as normal as if you are filing from within the US, as you are only overseas temporarily to give birth. Perhaps you are giving birth overseas due to the high cost of birth in the US and the good old NHS, or in order to have the support of your UK family. Whatever, being in the UK temporarily is not an issue.

You can't have your biometrics done in the UK (I wanted to do this myself and made enquiries) unless you are there due to your US spouse working overseas for the govt or military, so I suggest you file as late as possible in July- my packet I sent next day fedex just a couple of days before expiry so as long as it is there by that date it isn't an issue.

You should get your biometrics appointment within a few months, but you can always change it to delay it further if it comes too soon. I reckon if you file in July, you will get your biometrics for sept/oct, which should fit in with your timeline.

You MUST ensure that your husband forwards on the 1yr extension letter to you (not a scan as it is watermarked paper) or you will have trouble boarding to fly back to the US with an expired card. Don't forget that you will need to get your child a passport in order to fly back too.

Vermont are taking so bloody long to process at the moment. you may well have your final divorce documents in hand before they even get around to looking at your file, so don't worry about it too much.

Edited May 7, 2016 by mindthegap

[Boiler 45,486]

She is not entitled to free NHS treatment, I assumed it is due to family and friends. She mentioned she has Insurance.