Remove conditions not being in US!

[Pacific Diana 1]

Hello everyone!

 

It's time for me to remove conditions on my permanent GC and file i-751, but my husband decided to divorce now. The marriage was bona-fide and my husband going to help me. He found another woman.

The real problem in my situation is that I been a lot of time these 2 years outside the US (coz of my mother's health). And now I'm still in my country. 

 

So, can I apply for a 10-years green card after we start divorcing process (my window is between June, 23 and September, 21) and what do you think about my chances to be approved after being outside of the States most of the time (I checked in US every 6 month by the rule)?

 

Thanks.

Edited June 13, 2018 by Pacific Diana

[Roel 7,192]

Of course you might have issues because of you not being an actual resident in the US.

 

"checking in" every 6 months honestly doesn't count much for being a resident.

[Going through 5,671]

9 minutes ago, Pacific Diana said:

what do you think about my chances to be approved after being outside of the States most of the time (I checked in US every 6 month by the rule)?

Hard to determine without knowing exactly how much time you've been out of the US, as opposed to in.

 

"Checking in" by landing in the US every 6 months isn't going to help your case, certainly.    There's no rule that encourages this.

[Pacific Diana 1]

I got a 2 year GC September 2016. 

December 2016 I left US. And been coming for couple weeks during this time.

Now I am preparing my trip to US.

 

Total - 94 days from date the GC issued.

[Roel 7,192]

You have only been in the US for 94 days since you received your gc? 

[Pacific Diana 1]

5 minutes ago, Roel said:

You have only been in the US for 94 days since you received your gc? 

Yes, but I have serious reason.

[Going through 5,671]

11 minutes ago, Pacific Diana said:

I got a 2 year GC September 2016. 

December 2016 I left US. And been coming for couple weeks during this time.

Now I am preparing my trip to US.

 

Total - 94 days from date the GC issued.

I'm not sure if you mean you've been in the US for 94 days over the past 2 years, or outside of the US for 94 days over the past 2 years.

 

[Roel 7,192]

Imo you'll have some serious issues removing conditions. USCIS might question you regarding your residency a lot. 

 

Why would they give you a 10 year green card if you barely maintained your 2 years card? 

[Pacific Diana 1]

4 minutes ago, Going through said:

I'm not sure if you mean you've been in the US for 94 days over the past 2 years, or outside of the US for 94 days over the past 2 years.

 

I've been in the US for only 94 days since I got a GC.

 

3 minutes ago, Roel said:

Imo you'll have some serious issues removing conditions. USCIS might question you regarding your residency a lot. 

 

Why would they give you a 10 year green card if you barely maintained your 2 years card? 

Because my marriage was bona-fide and I still want to live in the US. Do you think they will denied my application?

[Going through 5,671]

4 minutes ago, Pacific Diana said:

I've been in the US for only 94 days since I got a GC.

 

Because my marriage was bona-fide and I still want to live in the US. Do you think they will denied my application?

you can apply with a divorce waiver....approval depends on proving you entered the marriage with bonafide intent, and other variables of course.

[Pacific Diana 1]

25 minutes ago, Going through said:

you can apply with a divorce waiver....approval depends on proving you entered the marriage with bonafide intent, and other variables of course.

Thank you. That's what I thought. 

 

Can I ask you, what are the penalties if even so they'll deny it?

[Going through 5,671]

3 minutes ago, Pacific Diana said:

Thank you. That's what I thought. 

 

Can I ask you, what are the penalties if even so they'll deny it?

If they deny your ROC, you mean?  Then you would be out of legal status (and cannot work) and may receive a notice to appear before an immigration judge where you can then plead your case against removal from the country.  That's the extreme example of what could happen.

[Pkr 21]

You will also have to submit lot of documentation to prove your relationship . please look at the list of  documents that needs to be submitted for ROC

Edited June 13, 2018 by Pkr

[Pacific Diana 1]

Thank you, guys.

[Russ&Caro 1,549]

You keep saying you have a bonafide marriage but it sounds like you've spent about 3 months with your spouse in the USA out of the 20 months that your GC has been active. That doesn't sound very bonafide. So you'll have to craft an explanation around your mother's health as the reason you've been absent from your marriage but at the same time you'll be explaining how the marriage has dissolved into divorce. If you can afford an attorney you might have them assist you with this filing. Sounds tricky.