Jump to content

117 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Ghana
Timeline
Posted

I personally think flying to Mexico and attempting to come by road is the best option.

 

That said viewing your case as someone who entered the USA by K1, got a conditional green card and shortly after divorced her US husband and then decamped to her home country for two plus years where she married another man, if I were the immigration officer at the point of entry or uscis Officer who will adjudicate your case for removal or down the line for your new husbands petition, I’ll be very hard on you and go through your case with a fine toothed comb looking for any semi legitimate excuse to deny your petition.

 

just saying.....

Just another random guy from the internet with an opinion, although usually backed by data!


ᴀ ᴄɪᴛɪᴢᴇɴ ᴏғ ᴛʜᴇ ᴡᴏʀʟᴅ 

 

 

Posted
4 hours ago, sadgirloverseas said:

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.

The other thing about this Reddit post is that it's from five years ago and things have changed MAJORLY. Yes, there's still a small chance you'll be let back in but as others (and I) have already pointed out, the REAL challenge is you getting on a plane to the US since you only possess expired documents now. 

Filed: Citizen (apr) Country: Kenya
Timeline
Posted
53 minutes ago, Ray.Bonaquist said:

I personally think flying to Mexico and attempting to come by road is the best option.

 

That said viewing your case as someone who entered the USA by K1, got a conditional green card and shortly after divorced her US husband and then decamped to her home country for two plus years where she married another man, if I were the immigration officer at the point of entry or uscis Officer who will adjudicate your case for removal or down the line for your new husbands petition, I’ll be very hard on you and go through your case with a fine toothed comb looking for any semi legitimate excuse to deny your petition.

 

just saying.....

 

And I agree on this.

 

Problem is, noone ever comes back to update on what they finally did. As soon as they get their issue resolved/ not resolved,  they vanish. So no stats to go with.

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Posted
56 minutes ago, Ray.Bonaquist said:

I personally think flying to Mexico and attempting to come by road is the best option.

 

That said viewing your case as someone who entered the USA by K1, got a conditional green card and shortly after divorced her US husband and then decamped to her home country for two plus years where she married another man, if I were the immigration officer at the point of entry or uscis Officer who will adjudicate your case for removal or down the line for your new husbands petition, I’ll be very hard on you and go through your case with a fine toothed comb looking for any semi legitimate excuse to deny your petition.

 

just saying.....

My ex went to jail for domestic violence. I divorced him 1 year after the incident. I suffer a lot of psychological violence too. I am not in my home country. I met someone while I was on vacation. It would be nice if people didn't assume what happened and just ask, maybe???

Posted
59 minutes ago, Ray.Bonaquist said:

That said viewing your case as someone who entered the USA by K1, got a conditional green card and shortly after divorced her US husband

I don't think 4 years of a marriage is a low number. I divorced him 2 years after the green card because it happens, when you live with someone who's violent and nasty, what are you supposed to do? Stay with this someone for a green card?

Posted
3 hours ago, Dashinka said:

I tend to agree, but I am not sure how much weight the “beyond one’s control” is given.  On the surface it would seem to not be an option, but there may be more to the story.

I agree with you. I don't really know if waiting on documents would count. I had to wait on some documents to arrive from overseas to get married. I plan on getting married soon and fly on my first opportunity. If we do it, I'll come back with updates.

One more question: this is what I wanted to do. I wanted to fly with him, he would have an ESTA. We'd tell the truth to the CBP officer. I want to fly having an interview date booked. I'd get a reentry permit, fly back with him, apply for a I-130 and wait with him. I don't want a long distance relationship. I'd get it if it was for a fiance visa, but we will be married. Do you think that's possible? 

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)
24 minutes ago, sadgirloverseas said:

My ex went to jail for domestic violence. I divorced him 1 year after the incident. I suffer a lot of psychological violence too. I am not in my home country. I met someone while I was on vacation. It would be nice if people didn't assume what happened and just ask, maybe???

Ah, in that case you might be better off relinquishing your PR status and then reapplying as a VAWA self-petitioner. You will need to grab every ounce of proof you can be that you were a victim of domestic violence at the hands of a USC and then you may self-petition.

However, this won't allow derivative status, that is that your current spouse won't be able to immigrate with you, however once you regain LPR via VAWA you may petition your spouse under the F2A category, although sadly, none of this process will be quick.

The upside is that if you are confident you can qualify for VAWA, you will be safe from any findings of abandonment or inadmissibility stemming from issues with a N-400 application based on your *current* LPR status.

 

When you regain your PR status via VAWA it will not be conditional, and you will be able naturalize after 5 years, and they will only be able to consider time from your *new* grant of LPR status.

 

One final thing to add. With non-conditional LPR status, you will still be subject to risks of abandonment for extended time overseas, and you must maintain your LPR status continuously for your spouse to be eligible for the F2A category. So not great if you want to avoid LDR. But regardless, you will have to wait in any case with F2A as it is not a fast process. In the future, get a Re-Entry permit if you can, that will cover a 2 year absence, although you will need to continuously prove your intent to return and reside in the US no matter how long you are out.

 

Edited by CanadaDude

Became Canadian PR: 11/11/2017

I-130 NOA1: 04/06/2020

I-130 NOA2: 08/11/2020

NVC IV Package Sent: 09/10/2020

NVC DQ: 09/23/2020

Applied for Canadian Citizenship: 06/24/2021

IV Interview @ MTL: 08/04/2021

POE: 08/09/2021

GC in hand: 12/24/2021

Became Canadian Citizen: 06/21/2022

I-751 Submitted: 06/08/2023

I-751 Approved: 04/27/2024

10Y GC Received: 05/11/2024

N-400 Submitted: 05/15/2024

Became US Citizen: 11/19/2024

My guide on Importing a Canadian Vehicle into the US using a Registered Importer: https://www.visajourney.com/wiki/importing-dot-non-compliant-canadian-vehicles-into-the-united-states-with-a-registered-importer-r135/

 

Posted
Just now, CanadaDude said:

Ah, in that case you might be better off relinquishing your PR status and then reapplying as a VAWA self-petitioner. You will need to grab every ounce of proof you can be that you were a victim of domestic violence at the hands of a USC and then you may self-petition.

However, this won't allow derivative status, that is that your current spouse won't be able to immigrate with you, however once you regain LPR via VAWA you may petition your spouse under the F2A category, although sadly, none of this process will be quick.

The upside is that if you are confident you can qualify for VAWA, you will be safe from any findings of abandonment or inadmissibility stemming from issues with a N-400 application based on your *current* LPR status.

 

When you regain your PR status via VAWA it will not be conditional, and you will be able naturalize after 5 years, and they will only be able to consider time from your *new* grant of LPR status.

 

Do you think I still can apply for VAWA? I was abused on 2017. What proof can I use for it? Recordings? Videos? Photos? I have a lot of recordings but I don't know if I can use it, I don't know if it is lawful. 

Filed: Citizen (apr) Country: Canada
Timeline
Posted
Just now, aaron2020 said:

VAWA self-petition will not work.  OP already had a green card when she divorced.  Furthermore, remarriage before VAWA approval is a disqualifying event.  

Ah heck. My bad, I wasn't aware of that.

Became Canadian PR: 11/11/2017

I-130 NOA1: 04/06/2020

I-130 NOA2: 08/11/2020

NVC IV Package Sent: 09/10/2020

NVC DQ: 09/23/2020

Applied for Canadian Citizenship: 06/24/2021

IV Interview @ MTL: 08/04/2021

POE: 08/09/2021

GC in hand: 12/24/2021

Became Canadian Citizen: 06/21/2022

I-751 Submitted: 06/08/2023

I-751 Approved: 04/27/2024

10Y GC Received: 05/11/2024

N-400 Submitted: 05/15/2024

Became US Citizen: 11/19/2024

My guide on Importing a Canadian Vehicle into the US using a Registered Importer: https://www.visajourney.com/wiki/importing-dot-non-compliant-canadian-vehicles-into-the-united-states-with-a-registered-importer-r135/

 

Filed: IR-1/CR-1 Visa Country: Kenya
Timeline
Posted (edited)
8 minutes ago, aaron2020 said:

You do not qualify for VAWA for a few reasons.  

 

You already had a green card when you divorced due to domestic abuse.


You staying outside the US for more than 2 years and falling under the resumption of abandoning your green card status has nothing to do with your domestic violence.  It was your choice.

Remarriage before VAWA approval is a disqualifying event.

Furthermore, it has been more than 2 years since your divorce.  VAWA requires filing within 2 years of the divorce.


THE ONLY WAY FOR YOU TO KEEP YOUR GREEN CARD is to come back to the US.  An airline is unlikely to let you fly to the US with an expired green card and an expired extension letter.  You can get to Mexico and try to cross.  Most likely, CBP will refer you to immigration court where it will be your burden to prove that you didn't abandon your green card status.  Given the fact that you chose to stay outside the US for more than 2 years, your chances are slim that you will win in immigration court.

 

Sorry for the cold harsh truth.

I always people, when you fall in love to carry your brain along. Look at this one now...

Edited by retheem
Posted
1 minute ago, retheem said:

I always people, when you fall in love to carry your brain along. Look at this one now...

I don't need your judgements nor your sarcasm.

10 minutes ago, aaron2020 said:

You do not qualify for VAWA for a few reasons.  

 

You already had a green card when you divorced due to domestic abuse.


You staying outside the US for more than 2 years and falling under the resumption of abandoning your green card status has nothing to do with your domestic violence.  It was your choice.

Remarriage before VAWA approval is a disqualifying event.

Furthermore, it has been more than 2 years since your divorce.  VAWA requires filing within 2 years of the divorce.


THE ONLY WAY FOR YOU TO KEEP YOUR GREEN CARD is to come back to the US.  An airline is unlikely to let you fly to the US with an expired green card and an expired extension letter.  You can get to Mexico and try to cross.  Most likely, CBP will refer you to immigration court where it will be your burden to prove that you didn't abandon your green card status.  Given the fact that you chose to stay outside the US for more than 2 years, your chances are slim that you will win in immigration court.

 

Sorry for the cold harsh truth.

Thank you for your honesty!

Posted

 

1 hour ago, sadgirloverseas said:

Do you think I still can apply for VAWA? I was abused on 2017. What proof can I use for it? Recordings? Videos? Photos? I have a lot of recordings but I don't know if I can use it, I don't know if it is lawful. 

VAWA is moot as you are married to a new guy abroad. 

duh

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...