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Marriage ending, Greencard will expire... I want to travel before I leave for good... ESTA

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Hello all,

So my marriage is ending.

We had been married less than 4 years on entry to the USA so I obtained a Conditional Resident Status. We met in the UK and got married there, then moved to the USA.

We should have the divorce paperwork filled in the next month or two... At which point my greencard automatically expires right?

I don't want my last memories of being in this country to be negative, so I am planning on taking a month to go to NYC, San francisco, and LA. Then from LA I will fly back to London permanently.

Is it possible for me to apply for an ESTA while i still have my greencard? I don't want it to expire mid way through my trip and then be stuck in limbo (illegally). At all CBP points during my journey I know I will have to explain myself thoroughly, but I was just wondering if this plan is possible?

Any advice or thoughts would be appreciated.

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Green card does NOT automatically expire upon divorce. When is the expiration date on the card?

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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We had been married less than 4 years on entry to the USA so I obtained a Conditional Resident Status.

You mean 2 years, right?

Anyway, if you are still a conditional permanent resident, and you want to stay in the US, you should file I-751 for Removal of Conditions as soon as the divorce is final, or within the 90 days before your green card expires, whichever is sooner. The basis of filing will be that you divorced. You need to provide evidence to show that your marriage was genuine when you got the green card.

Edited by newacct

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Your green card is valid until its stated expiration date.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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The "conditional" just means you have to do Removal of Conditions, or it will expire after 2 years. But other than that there is no difference.

Also, the government can theoretically take action to revoke your conditional permanent residency after divorce; but in practice they will not do that.

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Hello all,

So my marriage is ending.

We had been married less than 4 years on entry to the USA so I obtained a Conditional Resident Status. We met in the UK and got married there, then moved to the USA.

We should have the divorce paperwork filled in the next month or two... At which point my greencard automatically expires right?

I don't want my last memories of being in this country to be negative, so I am planning on taking a month to go to NYC, San francisco, and LA. Then from LA I will fly back to London permanently.

Is it possible for me to apply for an ESTA while i still have my greencard? I don't want it to expire mid way through my trip and then be stuck in limbo (illegally). At all CBP points during my journey I know I will have to explain myself thoroughly, but I was just wondering if this plan is possible?

Any advice or thoughts would be appreciated.

You won't encounter any CBP while inside the USA. Domestic travel only requires a driver's license or state ID for security. Only if you left the USA and wanted to return would you encounter CBP.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Because he'd have to remove the conditions, and then wait here after that (likely for another 2 years) to get citizenship.

He wants to go back to England... why get US citizenship?


An opinion, why don't you get US citizenship before moving back to UK? That's what I'll do.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Because he'd have to remove the conditions, and then wait here after that (likely for another 2 years) to get citizenship.

He wants to go back to England... why get US citizenship?

He can do both. Get US citizenship and still go back.

Like I said, that's what I'll do. He's free to make a decision.

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You won't encounter any CBP while inside the USA. Domestic travel only requires a driver's license or state ID for security. Only if you left the USA and wanted to return would you encounter CBP.

And if you're too concerned about the airport security rejecting you, you can always look at bus and rail travel options, since you're looking to go primarily to major cities that are likely served by Greyhound buses or some other ground transportation.


event.png

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Sorry to hear about your divorce. I hope things go well for you as you continue on your life journey.


Marriage: 2014-02-23
CR1 started : 2014-06-06
CR1 completed : 2015-07-13 (POE)
ROC started : 2017-04-14 - CSC

N400 started: 2018-04-24

N400 interview: 2018-08-16 - Albuquerque - Approved N400 & ROC

Oath ceremony: 2018-09-24 - Albuquerque

 

April 2017 I-751 Filers Spreadsheet

https://docs.google.com/spreadsheets/d/1t335PrkwxPk7sRryv02NH3vrWHy0vlkBxjmPy5VYJO8/edit#gid=0

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