Could I go back to the US on my conditional GC?

[Teacake 76]

Hi,

 

So I’m in my home country of Australia at the moment, but went to the US on a K-1 visa last year. My conditional GC was approved in February and I left the US shortly after because my mental health was in rapid decline. My then-husband broke me down with his emotional and financial abuse. My safety was threatened by him on several occasions. Because he is a police officer, I did not feel comfortable calling the police and having his buddies rock up at the door, but I spoke about it with two different psychologists in the town I was living in in the US who might have what I said on record. My ex served me divorce papers the day before my flight home, we signed them, had them notarised, and a few months later, he went through with the court proceedings etc without me. Neither of us have a lawyer and I have no clue how far along the process is now.

 

Australian borders are closed for international travel, but I’m wondering if after they reopen, I might be able to use my GC to re-enter the US to live and work for a bit as an experience - completely away from my ex. He and his mother signed affidavits of support for me, so I know I’d need to update USCIS on my location etc. But my question is, would me trying to enter the US on my GC be problematic with us now being divorced? I don’t know about securing a 10-year GC or if that’s even something I really want. I’m just wondering if my being divorced from the person who essentially secured my GC for me means I can’t really use it anymore or something.

 

Thank you.

[Liam2021 587]

21 minutes ago, Teacake said:

Hi,

 

So I’m in my home country of Australia at the moment, but went to the US on a K-1 visa last year. My conditional GC was approved in February and I left the US shortly after because my mental health was in rapid decline. My then-husband broke me down with his emotional and financial abuse. My safety was threatened by him on several occasions. Because he is a police officer, I did not feel comfortable calling the police and having his buddies rock up at the door, but I spoke about it with two different psychologists in the town I was living in in the US who might have what I said on record. My ex served me divorce papers the day before my flight home, we signed them, had them notarised, and a few months later, he went through with the court proceedings etc without me. Neither of us have a lawyer and I have no clue how far along the process is now.

 

Australian borders are closed for international travel, but I’m wondering if after they reopen, I might be able to use my GC to re-enter the US to live and work for a bit as an experience - completely away from my ex. He and his mother signed affidavits of support for me, so I know I’d need to update USCIS on my location etc. But my question is, would me trying to enter the US on my GC be problematic with us now being divorced? I don’t know about securing a 10-year GC or if that’s even something I really want. I’m just wondering if my being divorced from the person who essentially secured my GC for me means I can’t really use it anymore or something.

 

Thank you.

The conditional GC is your, so there no reason for you to come back. The USC spouse can't not take away your GC. Go back to US, wait until the divorce is final, then file for ROC and move on with your future.

[Just Paul 4,595]

1 hour ago, Teacake said:

My conditional GC was approved in February and I left the US shortly after

You need to return to US prior to being out of the US for 1 year.