I'm torn between my husband and America

[replaysports 41]

22 hours 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.

You will more than likely lose your GC. 

[Crazy Cat 42,033]

1 hour ago, sadgirloverseas said:

But I couldn't do a long distance relationship.

A long distance relationship will be difficult to avoid in the near future if you are able to return to the US.  Your fiance/spouse cannot live in the US without a proper visa.....or am I missing something?

Edited December 5, 2020 by Lucky Cat

[Scandi 4,176]

20 minutes ago, Lucky Cat said:

A long distance relationship will be difficult to avoid in the near future if you are able to return to the US.  Your fiance/spouse cannot live in the US without a proper visa.....or am I missing something?

I was going to say, the absolute majority of us here on VJ have been through many months and years of long distance relationships because immigrating to the US takes a while and isn't done over nightmare. So it always makes me roll my eyes a little when I see posts like "we can't be apart while we wait!!1one", as if it was easier for the rest of us who went through the exact same process. YES, you can be apart.

[sadgirloverseas 10]

2 minutes ago, Scandi said:

I was going to say, the absolute majority of us here on VJ have been through many months and years of long distance relationships because immigrating to the US takes a while and isn't done over nightmare. So it always makes me roll my eyes a little when I see posts like "we can't be apart while we wait!!1one", as if it was easier for the rest of us who went through the exact same process. YES, you can be apart.

Just because YOU can doesn't mean I can or WANT to. I know everyone here makes sacrifices. But I wasn't willing to make them at the time. To each their own.

[Soup Dragon 104]

18 hours ago, sadgirloverseas said:

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? 

You will have to do a long distance relationship.  If he enters with you on ESTA and you file the I-130 he will have to return to his home country for the interview.  In fact he will have to return before 90 days is up (or however many days is granted by the CBP at the time of entry).  There is no way to avoid LDR.

[Boiler 45,899]

Historically a LPR sponsoring a spouse takes about 2 years, so obviously there will be some time apart however long your case takes.

[sadgirloverseas 10]

Just now, Soup Dragon said:

You will have to do a long distance relationship.  If he enters with you on ESTA and you file the I-130 he will have to return to his home country for the interview.  In fact he will have to return before 90 days is up (or however many days is granted by the CBP at the time of entry).  There is no way to avoid LDR.

I know. I told earlier that I'm surrenderring it. I guess I won't even try SB-1. I'll surrender and maybe try a U visa, because I can't apply for VAWA.

[sadgirloverseas 10]

I know I can't fly. I know my residency is gone. I know I can't avoid LDR. So, to avoid more talks about this subject, I'm writing what my plans are:

I'm going to surrender it and maybe apply for a U visa if I feel comfortable. I know I'd be elegible but I don't want to have to deal with my ex anymore.

[HRQX 4,145]

6 hours ago, Cathi said:

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

Still meets a) (per case law). Entry for F2A spouse is an additional obstacle:

 

Edited December 5, 2020 by HRQX

[SusieQQQ 11,587]

2 hours ago, sadgirloverseas said:

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?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If you actually had to apply for a residency permit where you are now (not just going back home or example using EU right to live anywhere in EU) then unfortunately that looks even worse for giving up residence. 
 

You can apply for SB1 if you want but my honest opinion is that you have an exceptionally high chance of denial. What kind of work are you qualified for? Asking because you might be ok with a H1B or L work visa (allows dual intent) but the types of work visa that are strictly non-immigrant visas (such as J) will almost certainly be refused. DV lottery is a chance but obviously a long shot lottery,

[SusieQQQ 11,587]

6 hours ago, Cathi said:

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

The requirement is 5 years since gaining LPR through marriage (not actually being a LPR for a period of 5 years) - the fact that she has probably abandoned her GC doesn’t change the fact that that part is technically met. It just doesn’t help her because she doesn’t seem to have a path to re-establishing LPR status in the US now.

[aaron2020 11,651]

Sorry, but you will not qualify for a U visa.  The U visa is for victims of certain crimes to help law enforcement investigate and prosecute cases.

 

[Crazy Cat 42,033]

10 minutes ago, aaron2020 said:

Sorry, but you will not qualify for a U visa.  The U visa is for victims of certain crimes to help law enforcement investigate and prosecute cases.

 

and it's a non-immigrant visa....😕.

Edited December 5, 2020 by Lucky Cat

[HRQX 4,145]

2 minutes ago, Lucky Cat said:

and it's a non-immigrant visa....😕.

U is one of few NIV categories that allow dual intent.

 

But as already mentioned, OP doesn't qualify to submit I-918 petition.

[sadgirloverseas 10]

I just want to thank everyone here for trying to help me. Really. You guys/girls are amazing! 🥰