We're Splitting Up

[de&a 0]

Hello All,

I know this sounds backwards, and maybe a little depressing, but despite being very much in love, my wife and I have decided she would return home.

She has had her conditional resident card for almost a year now and I am not sure what we should do, if anything, now that she is going back to Peru.

She has already left, and I doubt she will be back. Any suggestions?

Edited November 29, 2007 by madu11

[payxibka 10,047]

Hello All,

I know this sounds backwards, and maybe a little depressing, but despite being very much in love, my wife and I have decided she would return home.

She has had her conditional resident card for almost a year now and I am not sure what we should do, if anything, now that she is going back to Peru.

She has already left, and I doubt she will be back. Any suggestions?

In reality you can do nothing as it is her card.... You will not be apllying to lift conditions so it will expire on its own

[1Cor13 0]

I'm sorry to hear about your situation. If you guys are still in love you can make it work out somehow!!! Have you ever thought about moving to Peru?

If she hadn't have left already I would have suggested that she get permission to leave and then come back...wait to get the permanent residency, but that doesn't seeem to be possible now.

Good luck finding a solution

[payxibka 10,047]

If she hadn't have left already I would have suggested that she get permission to leave and then come back...wait to get the permanent residency, but that doesn't seeem to be possible now.

Just to clarify... She can comeback. She is a permanent resident (until expiration of the card) and her current GC (even if it is the conditional one) allows her freedom to travel and come back (normal caveats apply).

Edited November 29, 2007 by fwaguy

[Minya's wife 25]

I'm sorry to hear about your situation. If you guys are still in love you can make it work out somehow!!! Have you ever thought about moving to Peru?

If she hadn't have left already I would have suggested that she get permission to leave and then come back...wait to get the permanent residency, but that doesn't seeem to be possible now.

Good luck finding a solution

The OP's wife does not need permission to leave or re-enter the US. She has a green card, meaning she can come and go as she pleases....until the expiration of the conditional card.

[TracyLuis 0]

Once her resident status (temporary green card) expires, that's it, I suppose. I am so sorry to see such a lovely Peruvian/American couple split up.

[de&a 0]

I would love to move to Peru, a day doesn't go by that I don't think about it. I just can't bear to be too far away from my children from a previous marriage. Maybe they would be ok without me, but I only have one chance with them. My wife misses her friends and family and wants to finish school in Peru rather begin all over again here. We've accepted our decision and you never know what may happen in the future.

By the way, the last time she entered the states, they told her it was illegal to study abroad and that she should study here if she was going to be here. They said she "had to be careful."

[Dakine 26]

She should apply for a re entry permit in case things change.

She can stay up to one year with one.

[supersonic 0]

They told her it was illegal for her to study abroad? what kind of nonsense is that? Perhaps they meant that she would have problems being re-admitted to the US if she stayed abroad for a prolonged period of time (4 months I think it is, at least that's what the immigration officers at Newark airport told me when I asked them).

[Nancy2015 2]

They told her it was illegal for her to study abroad? what kind of nonsense is that? Perhaps they meant that she would have problems being re-admitted to the US if she stayed abroad for a prolonged period of time (4 months I think it is, at least that's what the immigration officers at Newark airport told me when I asked them).

That may have to do with studying abroad being perceived as actually having your true residence abroad (same as taking a job in another country).

If she wants to completely abandon her green card, she may fill out a form I-407 and send it to the U.S. Embassy in Peru. It won't prevent her from re-applying for permanent residency should she wish to do so in the future.

[Vi Mazzella 4]

I'M SORRY TO HEAR ABOUT THAT YOU GUYS LOOK GREAT TOGETHER, BUT TRUST ME, IT'S REALLY HARD TO BE FAR FROM FAMILY AND FRIENDS .

[zqt3344 21]

I am sure you feel much better now that FWA GUY has advised you.

I'M SORRY TO HEAR ABOUT THAT YOU GUYS LOOK GREAT TOGETHER, BUT TRUST ME, IT'S REALLY HARD TO BE FAR FROM FAMILY AND FRIENDS .

[de&a 0]

Hello All,

We're getting back together! My wife is planning to return in the next month or 2. What's the likelihood she will have problems at immigration after being gone since November? Is there anything we can do now to help? Someone had mentioned an extended stay permit or something. Something like that probably should have been done before she left. I cannot remember the exact term. As of right now, were just going to give it a shot and see what kind of mood the guy is in when she arrives at immigration. Hopefully the fwaguy is on the money when he says she can come and go with her GC even if it is only a conditional GC.

Thanks for any suggestions

Edited May 29, 2008 by madu11

[cherr1980 1]

Hello All,

We're getting back together! My wife is planning to return in the next month or 2. What's the likelihood she will have problems at immigration after being gone since November? Is there anything we can do now to help? Someone had mentioned an extended stay permit or something. Something like that probably should have been done before she left. I cannot remember the exact term. As of right now, were just going to give it a shot and see what kind of mood the guy is in when she arrives at immigration. Hopefully the fwaguy is on the money when he says she can come and go with her GC even if it is only a conditional GC.

Thanks for any suggestions

Im glad that things could be work out for you. Perseverance and Patience are gifts in a marriage and sometimes they are there, we just don't make the best use of it. Just remember to be patience and listen (not hear), listen a lot. The situation of both of you is really hard...and many of us have been there. Good luck!

Since she has been over six months or (more or less looking at your first post on Nov), they can questioned her why she was out so long. What she needs is to have enough evidence that she did not plan to abandon her permanent residency in the US. Are you still joint in the utility bills? Even simple emails from both of you will work. Or probably nobody ask her a thing, but who knows. These days they are asking everything! from how long you stay abroad, what you were doing (Which really there is nothing that states that you have to say WHAT you were doing abroad...) but anyway. To be prepare is the best. The re-entry permit is for stay outside the US for over a year if I am not wrong, so won't apply to her in this case I think.

I don't think that they can (or better say...deny in based of) deny a person due to studies abroad...duh! it is way cheaper to study abroad sometimes (and sorry there are lot of schools with better curriculums outside the US, that's not new), anyhow...if she was taking studies there she can show that. But remember if she still can show that she never abandon her address here...she should be fine.

There are many people that married and then return to their home country to finish their schools...just to transfer your credits, to get them approved, then get the financial help that you need, and all the test that you need to do, plus $$$$...sometimes is better viable to just return for a couple of months to your country and finish school.

Good luck.

[Mononoke28 135]

I think the only issue would be with the POE questioning her why she was gone for more than six months but since it wasn't for too long, they just might give her a hard time about coming back that's all. She just needs to be careful next time.

Congratulations to you both and I hope things work out this time.

Diana