Can I come back?

[bbueno 2]

 

Hello guys, I wanna share my story coz I would like some advise coz I think I have an unusual situation.

 

I was living in the US with my 2-year GC, when my husband and I decided to divorce. I applied for ROC in 2020 with my divorce decree ,  1 year later, nothing from USCIS...

 

things started to get bad with my family in Spain, my mother was very sick, I was working in the US and was living with my new boyfriend . I decided to quit my job, and go stay with my family for a few months.... when I got here in Spain things were very complicated, I just ended up staying longer. Ive been here for 10 months.

 

Is there any chance I can go back to the states?  things are still pretty bad with my family over here but I dont wanna risk my life / my plans in the US, if I still can go back to America

 

My ROC still pending....USCIS never sent me any letter ( I still have my address with my boyfriend in the US )..I filed taxes this year (2022) but I dont think I have what they call "ties"...or if I have I dont know how to show them my ties.

 

I dont know if my time overseas can interfere on my ROC as well...Im just really lost.....Im ready to go back to America but at this points Ive be reading some stories that I can be even "arrested" for staying overseas for more than 6 months....

 

Today Ive been outisde the US for 10 months and 3 days.

I have an extension letter that expires on SEP 30th

I can fly anytime now

 

 

[Ontarkie 14,223]

Yes fly back to the US now. If asked why you were gone so long you can explain about your mother being sick. 

[Dashinka 24,498]

If you still have your expired conditional green card and a valid extension letter you should be fine.

 

Good Luck!

[Mike E 11,739]

Fly home now.  
 

Once your extension letter expires it will get complicated.  Once you have 12 months of continuous absence it will get even more so.  
 

Refuse to sign I-407.  
 

Since it appears your family still needs you once you arrive in the USA, file I-131 to get a re-entry permit and do not leave until you get a receipt or better yet your biometrics are taken or waived. You can then be absent for 2 years. 
 

However to avoid a break in continuous residence for naturalization purposes do not be absent for more than 180 continuous days. Comeback every 180 days or less, spend the day in America and return to Spain if your family needs you.  Your pending re-entry permit lets you do this for 2 years. 

Edited September 1, 2022 by Mike E