Am I adandoned

[Lonely star 0]

Hi everyone, hope you all are well.

 I lurked here a lot in late 2016 , early 2017 while waiting for my greencard to be approved.

 I am an Australian and my wife is from the USA, we had living in Australia for some years before deciding to move to be closer to her family ect. 

 I arrived in the US on May 1st 2017.  In 2019 we applied to have my conditions lifted and I had a biometrics appointment scheduled in Portland almost four hours drive away. Shortly before my biometrics appointment, my wife just came home and stated that she could not go on and and that I had to leave. We had our tensions related to me having trouble finding work and I was in a bout of depression an anxiety at the time. She gave me a short period to be gone. I was in shock and utter despair and not thinking clearly. I agreed to fly back to Australia and abandon our relationship home and the kittens we were raising, all of which was utterly heartbreaking for me. I did not attend the biometrics appointment on 5/20/2019

 Some time has passed, and things are not great in Australia, Once I was over my initial shock I realized that I should have stayed in the USA and tried to make it on my own there. I have had extreme anxiety and depression since then and have literally scared and overwhelmed and at a loss as to what to do regrading my green card status. I have only just received some paperwork in the mail from my wife related to the visa and have been able to login to ucsis and verify my identity. But I am not sure what I can do to keep my greencard or if it considered abandoned.

 I would like to reschedual my biometrics appointment and return to the US. Money has been tight and I have only just gotten acess to a phone account I can call them from.

any help or advice would be very much appreciated . Thank you all in advance.

[JFH 12,190]

*~*~*moved to “effects of major family changes” where similar topics are discussed*~*~*

[Just Paul 4,595]

What day did/does your green card expire?

 

Did you get an extension letter after you filed the AOS?

[Lonely star 0]

Hi Guys, thank you for responding so fast! I really appreciate it, this is a great community!

 Card expired 05/01/19

and yes I had received a letter of extension  for 18 months dated 4/25/19

20 minutes ago, Paul & Mary said:

What day did/does your green card expire?

 

Did you get an extension letter after you filed the AOS?

 

Edited August 17, 2019 by Lonely star

[Just Paul 4,595]

8 minutes ago, Lonely star said:

Hi Guys, thank you for responding so fast! I really appreciate it, this is a great community!

 Card expired 05/01/19

and yes I had received a letter of extension  for 18 months dated 4/25/19

 

Ok you can travel back on the extension letter.   Reschedule the appointment.  Figure out what you are doing with the marriage and do a divorce waiver if necessary.

[HRQX 4,145]

13 minutes ago, Lonely star said:

Card expired 05/01/19

and yes I had received a letter of extension  for 18 months dated 4/25/19

If both the expired card and extension letter are in your possession then you can travel to the US.

[Lonely star 0]

Thank you all kindly!

 What about my missed biometrics will that be an issue, or should I be able to reschedual once in the US again?

[databit 328]

Be sure to report the depression and other mental heath problems during interviews, and what treatment you've gotten in US and Australia to fix them. Your wife will surely report this on her end to officials or her attorney. You don't want to be caught telling lies or omitting facts.

 

If you haven't done anything about your mental health, get treated now.

[HRQX 4,145]

16 hours ago, Lonely star said:

What about my missed biometrics will that be an issue, or should I be able to reschedual once in the US again?

Worst case scenario is that after entering the US you might need to submit a new I-751:

 

Also: when going through CBP they might ask you to sign Form I-407. Don't sign it! You have the right to refuse to sign it. If you don't sign it, only an Immigration Judge can revoke your status.

[Lonely star 0]

So, I will be allowed to re-enter, what about time frames? It might be a little while till I can do it...?

 

 Also, if cbp are asking me to sign a i-407 wouldn’t that be because they were not letting me re enter?

 

 Also, Should I contact UCSIS now and explain what is going on? If so, what details are pertinent to convey?

3 hours ago, HRQX said:

Worst case scenario is that after entering the US you might need to submit a new I-751:

 

Also: when going through CBP they might ask you to sign Form I-407. Don't sign it! You have the right to refuse to sign it. If you don't sign it, only an Immigration Judge can revoke your status.

 Thank you all for your help, this (my situation and status) rather confusing, and a little scary, I must admit.

[Just Paul 4,595]

DO NOT SIGN AN I-407

 

But again you are not out of status so that should not happen.  See when you can schedule the biometrics.   I would get back to the US sooner rather than later. 

[geowrian 22,337]

1 minute ago, Paul & Mary said:

DO NOT SIGN AN I-407

^This. They cannot compel an LPR to sign this.

Edited August 17, 2019 by geowrian

[Lonely star 0]

Should I call or write to USCIS and describe my situation?

[Going through 5,671]

1 hour ago, Lonely star said:

Should I call or write to USCIS and describe my situation?

My advice would be to NOT do this.  Do not put yourself under their radar by inadvertently opening up a can of worms you may find difficult to put a lid back on later.

 

Besides which, you are able to travel back with the extension letter, as mentioned before.  

Edited August 18, 2019 by Going through

[Just Paul 4,595]

1 hour ago, Lonely star said:

Should I call or write to USCIS and describe my situation?

No - you are NOT doing anything wrong.