Remove conditions not being in US!

[Cyberfx1024 7,980]

28 minutes ago, Russ&Caro said:

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.

+1 I was thinking the exact same thing as you.

[geowrian 22,337]

Yes it's possible to file for ROC in your case. You will need to interview in the US still.

 

You are facing 2 issues:

1. Having only 93 days of physical presence within the US is setting you up to be paroled into the US (instead of admitted), and case brought to an immigration judge to determine if you actually abandoned residency or not. Just flying back in every 6 months doesn't prevent this...a green card is for permanent residency within the US. It sounds like you do not live in the US...just visit it. You've been playing with fire and one day you may get severely burned.
   1. You should have (and still can once inside the US) obtained a re-entry permit via an I-131.
2. Showing a bona fide marriage with such little time together is going to be a challenge.

[Boiler 45,520]

An interesting case with so many issues.

[dentsflogged 352]

Wants to be a permanent resident... but then doesn't actually reside in the US.

In a bonafide marriage... but then isn't in the US with spouse.

Mother's health means can't be in the US.... but still wants to apply to remove conditions to reside there.

 

So many red flags are waving in front of my face that it's a good thing I'm not a bull. 

[Cyberfx1024 7,980]

6 minutes ago, dentsflogged said:

Wants to be a permanent resident... but then doesn't actually reside in the US.

In a bonafide marriage... but then isn't in the US with spouse.

Mother's health means can't be in the US.... but still wants to apply to remove conditions to reside there.

 

So many red flags are waving in front of my face that it's a good thing I'm not a bull. 

That is one of my biggest issues with this is how was it a bonafide marriage if she was living outside the country but just visits with the husband? As a husband this would be a big red flag for me as well and I am not surprised that he moved on. I don't know what country she is from or her timeline so who knows right now because I doubt she will be back.

[Camelot13 63]

Did your husband come and stay with you for any extended period of time while you were abroad caring for your mother? If so, that might be some help to show that it was an emergency health situation but that you two still made a lot of effort to physically be together. If he didn't come over and visit you there, and you were only in the country for 94 days out of 2 years, I think you should prepare yourself for a lot of scrutiny. 

[Boiler 45,520]

45 minutes ago, Camelot13 said:

Did your husband come and stay with you for any extended period of time while you were abroad caring for your mother? If so, that might be some help to show that it was an emergency health situation but that you two still made a lot of effort to physically be together. If he didn't come over and visit you there, and you were only in the country for 94 days out of 2 years, I think you should prepare yourself for a lot of scrutiny. 

Boarding passes etc, presumably he spent his vacations over there.

[Pacific Diana 1]

Hello everybody! Thanks for answers!

 

Of course we got marred by love. But then smth unexpectable came up (mom's health) and I been all the time with her. And of course my husband found another woman by this time, nothing wrong with that. So the only thing I have to prove is that my marriage was real, and it was. 

 

Husband never visited me, because its over 10 000 km and he could't take a big vacation on his job. But still we loved each other and officially I was living in his house.

 

Yes I still would like to have a green card and live in the States. Hopefully, US will give me a chance.

 

 

[Pkr 21]

The biggest issue is how will you prove that your marriage was real when you hardly spent time with your husband . Please look for a good attorney  

[Ash.1101 1,756]

4 hours ago, Pacific Diana said:

Hello everybody! Thanks for answers!

 

Of course we got marred by love. But then smth unexpectable came up (mom's health) and I been all the time with her. And of course my husband found another woman by this time, nothing wrong with that. So the only thing I have to prove is that my marriage was real, and it was. 

 

Husband never visited me, because its over 10 000 km and he could't take a big vacation on his job. But still we loved each other and officially I was living in his house.

 

Yes I still would like to have a green card and live in the States. Hopefully, US will give me a chance.

 

 

The problem is, is you weren't living in his house. You had it set up so mail went there, but you only lived in his hours 93 days out of 2 years.

I had my DL and mail go to my mom's house for a few months after a moved, it didn't mean I lived there.

With that said, you need proof like joint bank accounts, joint credit cards, name on the mortgage or lease. You being the beneficiary of his life insurance, 401K and/or stock plans. Ya'll having loans together. Utility bills in your name for the home showing you pay bills for the home. Tax returns filed together as married for the last two years. Ya'll having pictures together. Things like that.

Saying "but we loved each other at the time, and I stay there when I visit" isn't even enough for a visitor visa from some countries.

Edited June 15, 2018 by Ash.1101

[Going through 5,671]

5 hours ago, Pacific Diana said:

Yes I still would like to have a green card and live in the States. Hopefully, US will give me a chance.

Hope is a wonderful thing.

 

USCIS will want to see something a bit more concrete proving you lived in marital union....harder to overcome with a pending divorce, added with leaving the US less than 3 months after receiving the GC and doing only "touch-down visits" since then,  added with little time physically within the US since becoming a conditional resident even before the breakdown of your marriage.  

 

Unfortunately there's no such thing as chances when it comes to immigration...rather, based on fitting a criteria and evidence on paper.

Your situation is not impossible to overcome....however will give any IO certainly pause for thought given all the above.

[Boiler 45,520]

Please let us know what happens.

[Pacific Diana 1]

9 hours ago, Ash.1101 said:

With that said, you need proof like joint bank accounts, joint credit cards, name on the mortgage or lease. You being the beneficiary of his life insurance, 401K and/or stock plans. Ya'll having loans together. Utility bills in your name for the home showing you pay bills for the home. Tax returns filed together as married for the last two years. Ya'll having pictures together. Things like that.

I have almost all from this list. 

 

Do you know are the affidavits have to be notarized?

 

[Pacific Diana 1]

8 hours ago, Going through said:

..however will give any IO certainly pause for thought given all the above.

Sorry, what is IO?)

[Going through 5,671]

12 minutes ago, Pacific Diana said:

Sorry, what is IO?)

IO is Immigration Officer (the one who would be adjudicating your case for an approval or denial at the interview based on your application, your evidence presented, and any other determining factors that come to  light when asking questions).

Edited June 15, 2018 by Going through