I'm torn between my husband and America

[sadgirloverseas 10]

Hello all,

I'm sorry for the long post but this forum is full of people who would understand my pain. 
I'm a conditional permanent resident waiting to have the conditions removed on my GC. I've been overseas for a little over 2 years because I fell in love. Now, I understand it was not the best thing for my immigration case. After talking to a lawyer last night, she told me I could try to get in and I probably would succeed, giving my other circumstances I wish not to disclosure this time. She told me not to surrender my green card if they asked me to do so.

I could apply for a I-130 for him, but the thing is it would take so long and we don't want to be apart. So I basically have 2 choices: stay with him and surrender my green card voluntarily, or fly to America, take my chances, and, if everything works out fine, petition for him and wait God knows how long.

This is a terrible situation to be in. I'm afraid that, if I surrender my green card, I'll have problems in the future. We want to live in America, but we want to live together! If I surrender it, would I be able to go back, let's say, with a work visa for both of us?

I know there are a lot of couples that do the long distance thing. I admire you. One must have a lot of emotional strength to do that.

I don't know what I'm looking for with this post. Maybe an advice, an opinion. I'm lost. I wish they would keep families together.

[SusieQQQ 11,587]

Your post is a little confusing tbh. Can you clarify if I understand correctly: you are a green card holder, currently residing outside the US, and want to petition your husband? How did you get your GC, and what is the resident since date?

[sadgirloverseas 10]

Just now, SusieQQQ said:

Your post is a little confusing tbh. Can you clarify if I understand correctly: you are a green card holder, currently residing outside the US, and want to petition your husband? How did you get your GC, and what is the resident since date?

I'm a green card holder. Have been since 2015. I entered the US on a K1. Marriage with USC lasted 4 years. I'm overseas right now. 

[Crazy Cat 42,032]

Have you already submitted an I-751 package to remove conditions? 

 

[SusieQQQ 11,587]

3 minutes ago, sadgirloverseas said:

I'm a green card holder. Have been since 2015. I entered the US on a K1. Marriage with USC lasted 4 years. I'm overseas right now. 

How is it that you have been a green card holder since 2015 but are still waiting for conditions to be removed? This is what confuses me.  5 years after GC that is marriage based you can petition someone else, so that bit looks ok, but removal of conditions should happen at 2 year mark?

 

 

Edited December 4, 2020 by SusieQQQ

[sadgirloverseas 10]

Just now, SusieQQQ said:

How is it that you have been a green card holder since 2015 but are still waiting for conditions to be removed? This is what confused me. 

I'm a conditional green card holder! I applied for ROC in 2017. I've been waiting since 2017 for my ROC. I contacted them earlier this week and they said my case is waiting to be reviewed by an officer.

[sadgirloverseas 10]

3 minutes ago, Lucky Cat said:

Have you already submitted an I-751 package to remove conditions? 

 

Yes, ma'am! I did. I also sent them my divorce decree, so they know I'm divorced now. 

Edited December 4, 2020 by sadgirloverseas

[SusieQQQ 11,587]

3 minutes ago, sadgirloverseas said:

Yes, mam! I did. I also sent them my divorce decree, so they know I'm divorced now. 

Do they also know you’ve been overseas for more than 2 years? More than a year is seen as abandoning your green card, and yes i understand your lawyer thinks you can try get back, but it sounds risky, it would be risky even with a permanent green card imo. Does your lawyer have any insight as to why the ROC process is taking about three times longer than usual for you? (My impression from VJ is that around a year is normal.) She thinks they will be happy to remove conditions while you are living overseas?
 

 

Edited December 4, 2020 by SusieQQQ

[igoyougoduke 1,674]

18 minutes ago, sadgirloverseas said:

Hello all,

I'm sorry for the long post but this forum is full of people who would understand my pain. 
I'm a conditional permanent resident waiting to have the conditions removed on my GC. I've been overseas for a little over 2 years because I fell in love. Now, I understand it was not the best thing for my immigration case. After talking to a lawyer last night, she told me I could try to get in and I probably would succeed, giving my other circumstances I wish not to disclosure this time. She told me not to surrender my green card if they asked me to do so.

I could apply for a I-130 for him, but the thing is it would take so long and we don't want to be apart. So I basically have 2 choices: stay with him and surrender my green card voluntarily, or fly to America, take my chances, and, if everything works out fine, petition for him and wait God knows how long.

This is a terrible situation to be in. I'm afraid that, if I surrender my green card, I'll have problems in the future. We want to live in America, but we want to live together! If I surrender it, would I be able to go back, let's say, with a work visa for both of us?

I know there are a lot of couples that do the long distance thing. I admire you. One must have a lot of emotional strength to do that.

I don't know what I'm looking for with this post. Maybe an advice, an opinion. I'm lost. I wish they would keep families together.

 you have been abroad for more than 2 years ? you are no longer a green card holder unless you are in the military or working for US government on an abroad mission.

[sadgirloverseas 10]

Just now, SusieQQQ said:

Do they also know you’ve been overseas for more than 2 years? More than a year is seen as abandoning your green card, and yes i understand your lawyer thinks you can try get back, but it sounds risky, it would be risky even with a permanent green card imo. Does your lawyer have any insight as to why this process is taking about three times longer than usual for you? 

I don't think they know I've been overseas for two years. I also read some CBP officer post somewhere saying that sometimes they don't do anything and let the person enter. Sometimes you have to pay a fine. They'll also can give you a hard time.

TBH I guess the backlog affected my case. She said is normal, but it shouldn't last more than 3,5 years, tho. 

[SusieQQQ 11,587]

2 minutes ago, SusieQQQ said:

Do they also know you’ve been overseas for more than 2 years? More than a year is seen as abandoning your green card, and yes i understand your lawyer thinks you can try get back, but it sounds risky, it would be risky even with a permanent green card imo. Does your lawyer have any insight as to why the ROC process is taking about three times longer than usual for you? (My impression from VJ is that around a year is normal.) She thinks they will be happy to remove conditions while you are living overseas?
 

 

Just to clarify focusing on this because talk of sponsoring /long distance relationship is premature until you know that you haven’t already lost your LPR status.

[Crazy Cat 42,032]

7 minutes ago, sadgirloverseas said:

Yes, ma'am! I did. I also sent them my divorce decree, so they know I'm divorced now. 

You have a couple issues which come to mind.

1.  You have been living outside the US for more than 2 years.  Technically, this is a big problem...especially if you have not taken actions to maintain residency.

2.  Getting to the US.  Your extension letter has long expired.

Just now, sadgirloverseas said:

Sometimes you have to pay a fine

Reference, please?   

Edited December 4, 2020 by Lucky Cat

[sadgirloverseas 10]

Just now, James120383 said:

 you have been abroad for more than 2 years ? you are no longer a green card holder unless you are in the military or working for US government on an abroad mission.

Actually I'm still a green card holder. Only a judge can take my green card away or I can surrender it.

By the books I abandoned it, but in reality I can go back and take my chances. A CBP officer said it.

[sadgirloverseas 10]

3 minutes ago, Lucky Cat said:

You have a couple issues which come to mind.

1.  You have been living outside the US for more than 2 years.  Technically, this is a big problem...especially if you have not taken actions to maintain residency.

2.  Getting to the US.  Your extension letter has long expired.

Reference, please?   

This is a reply from a sub on Reddit.

As a permanent resident, he has the right to enter - CBP cannot deny entry for abandonment. If the officer doesn't feel he has abandoned his residence, he could be admitted and required to file an I-193 for failure to have his green card ($585). More likely, he could be put into secondary and issued a Notice to Appear, starting removal proceedings where a judge could terminate his green card. He might be offered the option to withdraw his application for admission and to get back on the next flight out. He would be encouraged to file an I-407 and surrender the green card at the US embassy. Finally, if he wants to file the I-407 at the port of entry, and if he is admissible as a nonimmigrant with a valid visa or if he is eligible for admission under the Visa Waiver Program, he could be admitted as a visitor.

[SusieQQQ 11,587]

2 minutes ago, sadgirloverseas said:

Actually I'm still a green card holder. Only a judge can take my green card away or I can surrender it.

By the books I abandoned it, but in reality I can go back and take my chances. A CBP officer said it.

But if you have a conditional green card from 2015 it must have expired by now?

 

 

Edited December 4, 2020 by SusieQQQ