I'm torn between my husband and America

[Boiler 45,900]

Maybe a U Visa?

[sadgirloverseas 10]

1 minute ago, Boiler said:

Maybe a U Visa?

I'll try for a returning resident visa. Let's see how that goes!

[sadgirloverseas 10]

1 hour ago, JFH said:

I work for an airline and can confirm that you definitely won’t be permitted to board a flight to the US with no current document that demonstrates your status as an LPR. An expired 10-year GC is possible as it’s unconditional and it’s not for the airline to decide whether an LPR has abandoned their status but an expired GC? No way.

You're right. I spoke with a USCIS agent and he told me to go to the Embassy and see if they can do something.

[SusieQQQ 11,587]

2 minutes ago, sadgirloverseas said:

I'll try for a returning resident visa. Let's see how that goes!

Which country are you currently in? (I’m assuming you are legally residing wherever you are.)

[Boiler 45,900]

8 minutes ago, sadgirloverseas said:

I'll try for a returning resident visa. Let's see how that goes!

Let us know how it goes.

 

As an aside what have you been doing other than filing taxes to maintain your resident.

[jan22 3,056]

24 minutes ago, sadgirloverseas said:

I'll try for a returning resident visa. Let's see how that goes!

If I understood correctly -- that waiting for documents so you could get married was the main reason you stayed so long outside the US -- this would most likely not be considered as a reason beyond your control.  You could have returned to the US to wait and then gone back to get married, for example. 

 

Also, what is your situation where you are living --- what kind of visa are you on where you are; have you worked in any country outside the US; used services (such as health care) that are only available to residents; have you filed US taxes in the past two years; or done anything else that could be considered to show that you are living as a resident of another country indicating that, by being a resident of another country, you intended to abandon your US residency  Any of those kinds of things, added to no apparent reason beyond your control (from what you said here -- although there may be more than what you've sharred here, of course), would result in the denial of an SB-1 visa.  Once it's in the system that a consular officer determined that you did not qualify for an SB-1 visa, the odds of CBP admitting you go down.  I agree with those that have said your best chance would be to travel to Canada or Mexico and try a land crossing.

Edited December 5, 2020 by jan22

[SusieQQQ 11,587]

10 minutes ago, jan22 said:

Once it's in the system that a consular officer determined that you did not qualify for an SB-1 visa, the odds of CBP admitting you go down.

You send your green card in with the application. Once a SB1 is refused it’s essentially official that you abandoned residence - that is the finding for a denial, see extract below - so yes I agree it’s a risky and likely unsuccessful route that will preclude any subsequent  attempt to enter as a resident.
 

“...the consular officer determines that you do not meet the criteria for a Returning Resident (SB-1) immigrant visa on the grounds that you have abandoned or relinquished your residence in the United States”

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html#3
 

 

[SalishSea 18,064]

6 hours ago, lucardo3 said:

I personally know 2 people who was abroad more than 2 years (unexpired GC) and they came back , passed the border with no issues whatsoever. I was surprised how they were able to get in without no issue at all. So yes they are no longer a green card holder on paper but in reality it depends on the officer so it is 50- 50 but risky.

There's the rub.

[SalishSea 18,064]

4 hours ago, sadgirloverseas said:

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? 

 

Edited December 5, 2020 by Jorgedig

[HNK 3]

Just to let you know that if you get your green card through marriage you can only apply I 130 for some one else only if you meet one of following 

a)you are LPR for five years

b)become a US citizen.

C)you need to prove hardship during your first marriage to a USC type of thing.

[HRQX 4,145]

7 minutes ago, HNK said:

only if you meet one of following

OP meets a)

[Cathi 5,782]

7 hours ago, HRQX said:

OP meets a)

No anymore. She's been out of the U.S for over 2 years with an expired conditional GC.

[sadgirloverseas 10]

9 hours ago, jan22 said:

If I understood correctly -- that waiting for documents so you could get married was the main reason you stayed so long outside the US -- this would most likely not be considered as a reason beyond your control.  You could have returned to the US to wait and then gone back to get married, for example. 

 

Also, what is your situation where you are living --- what kind of visa are you on where you are; have you worked in any country outside the US; used services (such as health care) that are only available to residents; have you filed US taxes in the past two years; or done anything else that could be considered to show that you are living as a resident of another country indicating that, by being a resident of another country, you intended to abandon your US residency  Any of those kinds of things, added to no apparent reason beyond your control (from what you said here -- although there may be more than what you've sharred here, of course), would result in the denial of an SB-1 visa.  Once it's in the system that a consular officer determined that you did not qualify for an SB-1 visa, the odds of CBP admitting you go down.  I agree with those that have said your best chance would be to travel to Canada or Mexico and try a land crossing.

Hi! Thank you so much for your answer! I'll have the resident permit where I am right now, just because I couldn't be here illegally, but I absolutely don't want to abandon my residency, I want to go back. I haven't worked in any country outside of the US nor used any services. I haven't filled taxes for 2019 because I wasn't working. I started working online in 2020 and I plan on filling taxes in January. I have an open bank account in America and I don't plan on opening one here. We wanted to solve this matter before the pandemic started, but I had so send documents overseas and also wait for them. When the pandemic started I felt terrified and saw how bad things were going in America.

I know it looks like I abandoned my residency. It looks like it doesn't matter what I say, in the end of the day I lose my residency. I don't have friends or a social life here. I don't feel like home. I feel like America is my home. But I couldn't do a long distance relationship. After sufering so much, I really found someone that gave me love and I didn't want to let it go.

Anyway. I know my situation is terrible. So what you guys advise me to do? Surrender my residency or try the SB-1? I don't want the situation to be worse. In case I surrender it, I'll go back with a work visa or try the DV lottery, maybe?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[sadgirloverseas 10]

12 hours ago, Jorgedig said:

There's the rub.

Exactly. Unexpired. 
That's the thing. I'm waiting on my I-751. If they approve it without an interview (unlikely, but it can happen), do I still have hope?

[Crazy Cat 42,033]

17 minutes ago, sadgirloverseas said:

Surrender my residency or try the SB-1?

How can you justify an SB-1? 

 

"A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control."

Edited December 5, 2020 by Lucky Cat