9 months overseas + abuse + corona virus

[charliesjff 4]

Ok, so this is my story, those are my questions and I would appreciate any help from you guys: 😊

 

Im married to a US citizen  and I have a conditional green card.....

Just few days before our 2nd year wedding anniversary and 6 months after I received my conditional green card, I decided to come to my home country,  I was dealing with severe depression, anxiety and social phobia .

 

Im not gonna get into a lot of details now but I was suffering abuse/ domestic violence from my husband, he was threatening all the time, cussing, destroying my property, treating me like I was a slave and like our house did not belong to me (  I was paying rent and my part of the bills ) - anyway, I was suffering lots of mental abuse, controlling, and dealing with a person yelling at me all day, everyday, using all types of mental torture and mental abuse that you can imagine.

 

So I came to the country where I was born, where my family is, to get the mental help that I needed and also to be close to my family. I quit my job in the US since I just could not do it because of my mental health issues. I knew I would be staying overseas for a few months, but specially after I told my mother what was happening with my husband, she sent me a ticket to fly back to my home country. I tried to talk to my husband a lot of times about my mental health problems but he could not care less, and he just wanted my paycheck and the bills paid specially because he has gotten a very expensive new car. So my only option was to come to my Mothers house since she would be paying for my medical treatment. I could not take that situation anymore!

 

After few days overseas, my doctor said that I have other medical conditions and I would have to undergo a Surgery. So it was not only 1, but 2 surgeries...the second one last month, and they just discharged me last week. Today Im outside of the US for already 9 months, and I was supposed to fly back to Florida next week. With this corona virus situation going crazy right now, Im thinking about staying here a little longer...maybe for like 1 or 2 months.....so in the worst case I would be flying back to the US after 11 months of my departure!!! --- im not gonna hit the 1 year mark

 

I know Im gonna have a problem because Im outside of America for more than 6 months....and some people are telling me that Im not gonna be able to get inside the country again......Could you help me with some tips????

 

Facts: Im still married to the US citizen, I ll be going back to his/our apartment, and we gonna file a divorce when I get  there,

I have been paying all my bills ( US rent, car payment, insurance ), My mother send to my husband about $1000 a month to cover all the bills, he filed our tax together.

 

Do you think im gonna be allowed back in the US???  Am Im gonna get in trouble at the port of entry??? Im very confused!!!

 

 

 

 

 

 

 

 

[carmel34 3,576]

You should be fine if you re-enter the US before the one year mark of leaving, just take documents with you to show that 1. you have ongoing ties you maintained in the US like an apartment lease, copy of US tax returns filed, driver's license in the US, etc. and 2. take evidence of why your trip was longer than 6 months, i.e., the surgeries you had to have abroad that were not planned when you left. You don't need a re-entry permit unless you are out of the US for more than a year.  Of course, the other issue is whether or not the coronavirus situation has improved by the time you plan to re-enter, and if airlines have cancelled your flight.  US citizens and LPRs are exempt from the current travel ban from the EU, so even if the ban extends to the country you are in now, you should be okay if you can find a flight that isn't cancelled because of declining demand for air travel.  Good luck!

[JFH 12,189]

So what are you coming back for? You’ve no job here, your marriage is as good as over. You can divorce him from overseas, you don’t need to be physically present in the US. 
 

Yes, legally you are still married but the marriage is over except for the official paperwork. 
 

i don’t understand why you are coming back to live under the same roof as the person who has been abusing you. 

Edited March 14, 2020 by JFH

[charliesjff 4]

quoted above

Edited March 14, 2020 by charliesjff
did not quote the right person

[charliesjff 4]

12 minutes ago, JFH said:

So what are you coming back for? You’ve no job here, your marriage is as good as over. You can divorce him from overseas, you don’t need to be physically present in the US. 
 

Yes, legally you are still married but the marriage is over except for the official paperwork. 
 

i don’t understand why you are coming back to live under the same roof as the person who has been abusing you. 

Yes, Im gonna divorce. that doesn't mean I don't wanna continuing living in the United States. Easy for you to judge. Yes I have lots of reasons to continue living in the USA. Was never my plan to leave the US

[Crazy Cat 41,184]

7 minutes ago, charliesjff said:

Yes, Im gonna divorce. that doesn't mean I don't wanna continuing living in the United States. Easy for you to judge. Yes I have lots of reasons to continue living in the USA. Was never my plan to leave the US

I don't see any judgement in those questions.  The fact is that you are basically starting over after you return to the US....and you are going to have to prove the marriage was entered in good faith when you file the I-751.   You will have "a lot on your plate" legally, financially, and practically....good luck.  

[charliesjff 4]

21 minutes ago, Lucky Cat said:

I don't see any judgement in those questions.  The fact is that you are basically starting over after you return to the US....and you are going to have to prove the marriage was entered in good faith when you file the I-751.   You will have "a lot on your plate" legally, financially, and practically....good luck.  

well if  they gonna approve my removal of conditions or not, that is not my concern right now.  

 

Right now I just want to know if Im gonna be allowed back in the country, since I have A LOT of stuff going on there....Im not starting over at all.... and yes, I have a lot of proof of my bona fine marriage....Im not a third-world-desperate-seeking-the-ticket-out who moved to America to find an American husband to save me....I was much better finnancialy and on working on my carrier before I move to America....and yes, in a few months hopefully I ll have my license to work in America in my carrier again

 

[Crazy Cat 41,184]

16 minutes ago, charliesjff said:

well if  they gonna approve my removal of conditions or not, that is not my concern right now.  

 

Right now I just want to know if Im gonna be allowed back in the country, since I have A LOT of stuff going on there....Im not starting over at all.... and yes, I have a lot of proof of my bona fine marriage....Im not a third-world-desperate-seeking-the-ticket-out who moved to America to find an American husband to save me....I was much better finnancialy and on working on my carrier before I move to America....and yes, in a few months hopefully I ll have my license to work in America in my carrier again

 

Up to a year.........but expect to answer some questions...........I would advise you to start thinking about the ROC process.   You can file for removal of conditions immediately after you get the final divorce decree......if you have it before the 90 day window opens.....good luck.

[JFH 12,189]

3 hours ago, charliesjff said:

Yes, Im gonna divorce. that doesn't mean I don't wanna continuing living in the United States. Easy for you to judge. Yes I have lots of reasons to continue living in the USA. Was never my plan to leave the US

Not judging at all. Never implied you were a green card hunter. I’m just confused as to why you would return to the home of the man who put you through physical and mental torture. What does your mother think of this? When she heard of the abuse you were suffering she immediately purchased a ticket for you out of there - she’s a smart and caring woman. But now you are planning to walk back through that door. I understand wanting to come back to the US but into that house? Why? You need to have him arrested (I don’t know why he hasn’t been arrested already) and move to a safe place. 

Edited March 14, 2020 by JFH

[charliesjff 4]

36 minutes ago, JFH said:

Not judging at all. Never implied you were a green card hunter. I’m just confused as to why you would return to the home of the man who put you through physical and mental torture. What does your mother think of this? When she heard of the abuse you were suffering she immediately purchased a ticket for you out of there - she’s a smart and caring woman. But now you are planning to walk back through that door. I understand wanting to come back to the US but into that house? Why? You need to have him arrested (I don’t know why he hasn’t been arrested already) and move to a safe place. 

Hey JFH, thank you for your reply!

 

Well...I think I was not very clear....Me and  my spouse are on "good terms" now...We know we are not getting back together, so He is just waiting for me to get there so we can file for a divorce...its Florida, so hopefully gonna be quick...I ll probably be staying at the apartment just for a few weeks until I get my new place....I have to sit with him and decide how we gonna do about the Cars, and other stuff that we have together...and I ll probably be moving to another state.

 

Im not telling my family....but the situation now is different because I have resources and money , so if he does anything against me, I can move to another place at the very same day.  ( I did not have any resource last year ). And Im not gonna let him take advantage of me...

 

But he never touched me, the abuse was mental....never really hit me....I know I sound stupid..but he has a good heart....he has angry issues

 

I wanna go back to the USA because my story there is not finished yet !

 

 

 

 

[charliesjff 4]

2 hours ago, Lucky Cat said:

Up to a year.........but expect to answer some questions...........I would advise you to start thinking about the ROC process.   You can file for removal of conditions immediately after you get the final divorce decree......if you have it before the 90 day window opens.....good luck.

hey lucky thanks for your answer.

 

Im gonna apply for the second green card as soon as possible once I get the divorce decree...if they approve, awesome!! If they deny me its ok too!! But im gonna try!! I have a lot of pending things to do in America

[JFH 12,189]

You need to have him punished before he brings another girl here and does the same to her. 
 

Mental abuse is no less damaging just because it’s not physical. I would conduct all matters by phone or email with regarding the divorce. 

[charliesjff 4]

42 minutes ago, JFH said:

You need to have him punished before he brings another girl here and does the same to her. 
 

Mental abuse is no less damaging just because it’s not physical. I would conduct all matters by phone or email with regarding the divorce. 

 

im a guy...we were a gay couple!!!

 

yes, I see your point....my friends say the same........but I learned the lesson.....I don't take any abuse never again.....

 

he is probably bringing another guy to America as far as some of his friends told me.....probably the story gonna repeat...

 

I went to the police, but when they sent me a letter, I decided to not press charges...I feel sorry for him because he did worked a lot for us in 2017.....he went crazy in 2018

 

 

 

[geowrian 22,337]

A single trip abroad for under a year may or may not raise questions, but in the end I would expect to be admitted.

It sounds like the tax return was already filed, presumably with you as a resident since it was MFJ. Hopefully he claimed your entire worldwide income...

 

4 hours ago, charliesjff said:

Im not a third-world-desperate-seeking-the-ticket-out who moved to America to find an American husband

Not cool...no accusation of fraud was implied and - to me - it really reads negatively towards people from some countries in that it might apply to them but not you. Fraud exists from every country.

Edited March 14, 2020 by geowrian

[millefleur 5,043]

The whole story here is going to come under scrutiny during ROC. The mother sending money to the USC while you were living abroad, the alleged abuse but "now we're cool" claim, this is riddled with red flags - that is how USCIS is going to see it. Coronavirus is really the least of your worries.

 

Also, you're not telling your family, but somehow your mother was sending money to the USC while you weren't even in the US? Your story is very confusing, and USCIS is going to notice. If you are the one with the resources/money, why even move back in with a person you intend to divorce? Get your own place immediately if money isn't a problem.