I'm torn between my husband and America

[RICARDO4EVA2 194]

@sadgirloverseas go ahead,  book your ticket,  travel,  keep quiet. If you travel they won't send you back on the next flight.. most likely you'll have a hearing at the airport or locally.  Worst case scenario will be equal to the same and you'll be right where you are now.  

 

When does the ROC card expire???

 

Book it, Travel...  maybe they are nicer on Christmas eve?

[sadgirloverseas 10]

1 minute ago, SusieQQQ said:

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

 

 

I got a stamp on my passport. My status expired on May of last year.

[sadgirloverseas 10]

1 minute ago, RICARDO4EVA2 said:

@sadgirloverseas go ahead,  book your ticket,  travel,  keep quiet. If you travel they won't send you back on the next flight.. most likely you'll have a hearing at the airport or locally.  Worst case scenario will be equal to the same and you'll be right where you are now.  

 

When does the ROC card expire???

 

Book it, Travel...  maybe they are nicer on Christmas eve?

Thank you so much for your nice answer! Hahaha who knows, maybe they're nicer on Christmas eve. My status expired last year, in May.
The thing is... I'd love to have my husband with me but it looks like I can't have my cake and eat it too.

[SusieQQQ 11,587]

I think Ricardo is right. The only way you’re going to know is if you try go back. I personally wouldn’t have high hopes but yeah maybe you’ll find a nice CBP officer. If you are referred to an immigration judge to hear your case that could take a couple of years in limbo. (I presume you have been filing tax returns etc to try help maintain residence while living abroad.)

 

I’d also think about getting a second legal opinion from someone else who doesn’t think 3.5 years to remove conditions is normal, because it isn’t.

 

 

[SusieQQQ 11,587]

FYI table of VJ member timelines for removing conditions 

 

https://www.visajourney.com/timeline/liftlist.php?cfl=&op5=5,9,10,11,12

[sadgirloverseas 10]

1 minute ago, SusieQQQ said:

I think Ricardo is right. The only way you’re going to know is if you try go back. I personally wouldn’t have high hopes but yeah maybe you’ll find a nice CBP officer. If you are referred to an immigration judge to hear your case that could take a couple of years in limbo. (I presume you have been filing tax returns etc to try help maintain residence while living abroad.)

 

I’d also think about getting a second legal opinion from someone else who doesn’t think 3.5 years to remove conditions is normal, because it isn’t.

 

 

I agree with you guys. I'll get a second opinion.

If I don't surrender it and just let it linger? I guess it would be worse than surrenderring it, right?
If I surrender, could I still be a resident in the future? For example, with a work visa.

[Crazy Cat 42,032]

28 minutes ago, SusieQQQ said:

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

 

 

Along with any extension letter.

[Crazy Cat 42,032]

18 minutes ago, sadgirloverseas said:

If I surrender, could I still be a resident in the future? For example, with a work visa.

Yes.

[NancyNguyen 1,658]

35 minutes ago, sadgirloverseas said:

I agree with you guys. I'll get a second opinion.

If I don't surrender it and just let it linger? I guess it would be worse than surrenderring it, right?
If I surrender, could I still be a resident in the future? For example, with a work visa.

Make sure you have good money for a good immigration lawyer. 

[designguy 1,179]

52 minutes ago, SusieQQQ said:

. If you are referred to an immigration judge to hear your case that could take a couple of years in limbo. (I presume you have been filing tax returns etc to try help maintain residence while living abroad.)

If OP comes back and gets referred to an IJ are they still eligible to petition a spouse?

[Dashinka 24,707]

1 hour ago, sadgirloverseas said:

I got a stamp on my passport. My status expired on May of last year.

Is the stamp still valid or did it expire as well?  I think the biggest challenge will be convincing an airline to actually allow you on a plane to the US with an expired CGC, expired extension letter and expired I551 stamp.

[SusieQQQ 11,587]

3 minutes ago, Dashinka said:

Is the stamp still valid or did it expire as well?  I think the biggest challenge will be convincing an airline to actually allow you on a plane to the US with an expired CGC, expired extension letter and expired I551 stamp.

If all those expired, it won’t be a “challenge”, they definitely will not allow her to board. Carrier information guide is very clear about that. (It wasn’t clear to me if the stamp was expired or not.)

https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf page 10

B. U.S. RESIDENTS — must provide one of the following:
• Permanent Resident Card, Form I-551
• Expired Conditional Resident Card, Form I-551 accompanied by Form I-797, Notice of Action indicating the card validity is extended
• Immigrant Visa and passport
• Temporary Residence Stamp (“ADIT”) contained in a passport or on Form I-94
• Reentry Permit, Form I-327
• Refugee Travel Document, Form I-571
• Parole Authorization, Form I-512
• U.S. Government issued Transportation Letter / Lincoln Boarding Foil

[Mollie09 1,543]

1 hour 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.

Unless your ROC gets denied while you are away.

[sadgirloverseas 10]

2 minutes ago, Mollie09 said:

Unless your ROC gets denied while you are away.

Hi Mollie!

What if my ROC doesn't get denied?

[Mollie09 1,543]

5 minutes ago, sadgirloverseas said:

Hi Mollie!

What if my ROC doesn't get denied?

Well you haven't clarified if you have a valid travel document. If you don't, no airline will let you board a flight to the US and this is a non-starter.

If you do, might as well try?