Removing conditions RFE now adjustment of status

[Mdiak 0]

Hello all members and thank you for this site it is very helpful .

My story is pretty complicated and I really need advise. I went to the US in a tourist visa , couple years later I met a guy that I dated for 5 years , we got married and I file for my green card . In June 2012 , I received my conditional green card, things started going wrong in my rellationship after I sent the documents for the permanent green card and I moved out. During that time USCIS had sent an RFE that my ex husband never gave me so they denied my petition . I spoke to different lawyers who told me that I had to get a divorce and file an application alone . At that time I was so tired , I decided to move back to Africa green card or no . I went to the USCIS to met them know I was leaving and they put a stamp on my passport extending my status for one year until March 2017. I still came to Africa and found a very good job , the thing is I have to make a decision I cant stay 6 months outside of the US , is it even possible to fight for a green card if you are not leaving in the US? Should I go to the US embassy here in Mali explained them my situation ? I dont know what to do . I want to still be able to go the US in vacation to visit and I dont want to lose that status . Thank you so much for your help .

[Max! 10]

Hello all members and thank you for this site it is very helpful .

My story is pretty complicated and I really need advise. I went to the US in a tourist visa , couple years later I met a guy that I dated for 5 years , we got married and I file for my green card . In June 2012 , I received my conditional green card, things started going wrong in my rellationship after I sent the documents for the permanent green card and I moved out. During that time USCIS had sent an RFE that my ex husband never gave me so they denied my petition . I spoke to different lawyers who told me that I had to get a divorce and file an application alone . At that time I was so tired , I decided to move back to Africa green card or no . I went to the USCIS to met them know I was leaving and they put a stamp on my passport extending my status for one year until March 2017. I still came to Africa and found a very good job , the thing is I have to make a decision I cant stay 6 months outside of the US , is it even possible to fight for a green card if you are not leaving in the US? Should I go to the US embassy here in Mali explained them my situation ? I dont know what to do . I want to still be able to go the US in vacation to visit and I dont want to lose that status . Thank you so much for your help .

You can get multiple entry tourist visa ?

Otherwise you have to file for removal of condition with divorce if you stayed in US for 3 yr you can directly file N400 citizenship

[Kastrs 723]

You can get multiple entry tourist visa ?

Otherwise you have to file for removal of condition with divorce if you stayed in US for 3 yr you can directly file N400 citizenship

Incorrect, in order to be eligible for USC based upon the 3 years rule, you must remain married to your petitioner

[Kastrs 723]

Hello all members and thank you for this site it is very helpful .

My story is pretty complicated and I really need advise. I went to the US in a tourist visa , couple years later I met a guy that I dated for 5 years , we got married and I file for my green card . In June 2012 , I received my conditional green card, things started going wrong in my rellationship after I sent the documents for the permanent green card and I moved out. During that time USCIS had sent an RFE that my ex husband never gave me so they denied my petition . I spoke to different lawyers who told me that I had to get a divorce and file an application alone . At that time I was so tired , I decided to move back to Africa green card or no . I went to the USCIS to met them know I was leaving and they put a stamp on my passport extending my status for one year until March 2017. I still came to Africa and found a very good job , the thing is I have to make a decision I cant stay 6 months outside of the US , is it even possible to fight for a green card if you are not leaving in the US? Should I go to the US embassy here in Mali explained them my situation ? I dont know what to do . I want to still be able to go the US in vacation to visit and I dont want to lose that status . Thank you so much for your help .

A green card is for LIVING in the US not for visiting

Therefore, attempting to pursue a GC is not the appropriate path

You would need to apply for a B1/B2 visa (a tourist visa) and demonstrate very strong compelling reasons for you to return to your home country in order for the visa to be granted

Edited August 23, 2016 by Kastrs

[Mdiak 0]

A green card is for LIVING in the US not for visiting

Therefore, attempting to pursue a GC is not the appropriate path

You would need to apply for a B1/B2 visa (a tourist visa) and demonstrate very strong compelling reasons for you to return to your home country in order for the visa to be granted

Thank you . Yes I am aware that the green card is to live, I lived in the US for 17years . My concern is that after having a green card status is it possible to apply for a visa ? I have moved back to my country because I found a job at the UN and to be close to my family .

[Max! 10]

Incorrect, in order to be eligible for USC based upon the 3 years rule, you must remain married to your petitioner

Hmm good to know learn something new thx for info

[Mollie09 1,543]

Thank you . Yes I am aware that the green card is to live, I lived in the US for 17years . My concern is that after having a green card status is it possible to apply for a visa ? I have moved back to my country because I found a job at the UN and to be close to my family .

Yes, you should surrender your green card first, then apply for a tourist visa.

[Starkilla09 366]

To surrender your lawful permanent resident status, you can go to the U.S. embassy in Mali and fill out a form I-407 before a consular officer. You can then later seek a temporary visitors visa to visit as a visitor. Chances are better when you surrender your residency because it shows strong proof of not intending to live in the U.S. With a good job in the UN you'll also have a better chance.

[mindthegap 2,521]

Incorrect, in order to be eligible for USC based upon the 3 years rule, you must remain married to your petitioner

You must be married to and living with your USC spouse at the time of filing your N-400.

If you separate/divorce after filing the N-400 but before your citizenship interview, it is permitted.

[EM_Vandaveer 2,364]

You must be married to and living with your USC spouse at the time of filing your N-400.

If you separate/divorce after filing the N-400 but before your citizenship interview, it is permitted.

No it's not permitted.

If filing under the 3-year rule, you have to be married to your USC spouse 1) when filing AND 2) at he time of interview AND 3) at the time of the oath ceremony.

[mindthegap 2,521]

No it's not permitted.

If filing under the 3-year rule, you have to be married to your USC spouse 1) when filing AND 2) at he time of interview AND 3) at the time of the oath ceremony.

Sorry....I can't edit my post now, but remove the '/divorce' from my post, and what remains is correct.

At the time of filing the N-400 you must be married and living together in marital union, and have been for the preceding three years.

After filing the N-400, you can separate - and even commence divorce proceedings (which remember that some states require a lengthy period of separation first) - and still proceed with the naturalization, as long as divorce is not final by the time you take your oath - in otherwords, that you are still legally married.

This has been tested in court I believe - no details to hand.

Although section 319(a), as distinguished from sections 319(B ) and (d), further requires that the petitioner shall live in marital union with the citizen spouse during the entire period of three years immediately preceding the date of his petition, no similar requirement exists for the period between the date of filing the petition for naturalization and the date of naturalization, during which period only the existence of a legally valid marriage is required. 12b /

(2) Marital union for purposes of section 319(a) . The requirement that the petitioner live in marital union with the citizen spouse during the three-year period should be given a reasonably strict construction in order that it may lead to accomplishment of the objective of having the noncitizen spouse absorb basic concepts of citizenship through close association with the citizen spouse.

Edited August 24, 2016 by mindthegap

[Mdiak 0]

To surrender your lawful permanent resident status, you can go to the U.S. embassy in Mali and fill out a form I-407 before a consular officer. You can then later seek a temporary visitors visa to visit as a visitor. Chances are better when you surrender your residency because it shows strong proof of not intending to live in the U.S. With a good job in the UN you'll also have a better chance.

Thank you so much . I really think that is my best option .