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Just a brief history.

I met my Husband July 2010 and married him in Oct 2012

I lived in Ontario Canada and he Lived in Orange County California USA.

After the CR1 Process was completed I entered the US on a Perm Resident card with Conditions in DEC 2013

Currently we are both in California.

Recently my husband and I have faced some difficulty. I caught him cheating. and It hasn't been easy for me to deal with. As I do not have any family and I have had difficulty meeting friends. Therefore, the only people I have been speaking with- are my family back in Canada.

After talking to my parents. It has been decided that I should move back temporarily to clear my head, work on my marriage with the intention of eventually moving back in with my husband. I have discussed this with my husband...although he doesn't want me to go, he understands the need for family right now.

I do not want to divorce, nor does my husband, We love each other, and feel that with communication and counselling that we will be able to overcome this.

What I failed to realize, was that my conditional residency needs to be removed by DEC 2015

My move is currently already booked for AUG 18. I have a small mover booked- only 5 ft of trailer space, and I planned on driving my personal vehicle with my 2 small dogs back over the border with me.

My concern is that the border agent is going to assume that I am abandoning my permanent residency.

I am not sure how to explain to them that, this is not the case. We are taking time apart so I can have support from my parents during this time.

And that the move I'm making is temporary.

I looked into filing for a re-entry permit, but the website says that I need to file 60 days before I cross the border (which is not physically impossible)

Also, if my husband and I file for the I751 before I leave. It will just be pending in the system...which I don't think the customs personnel can see on their end.

Please help. I am not sure what else I can do.

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can you two file the RoC Casefile during the 60 day window? yes? no? if yes, you get (in the receipt notice) an extension letter good for another year of green card existence.

have you two set a time limit on the separation? or is it 'event-based' ?


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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so you planned ahead, the two of you sat down and created the I-751 casefile set? or is it a topic for discussion yet?

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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so you planned ahead, the two of you sat down and created the I-751 casefile set? or is it a topic for discussion yet?

He asked me what would happen to my Green Card if I went home.

I told him that I wasn't sure if I had to give them my green card upon entry to Canada.

I'm sure it is something we can sit down and complete it together, before I head to Canada.

Then he would need to mail it to the California service center when I am in Canada, correct?

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correct, and sounds like the plan for the two of you.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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I spoke with my husband , we will both complete the I751 together (for removal of conditions), and he will mail it for us, as I will be in Canada at that time.

Hopefully the lengthy processing time for the removal of conditions will help- as they extend the permanent residency by 1 year or until I am approved and the new GC is mailed to me.

My worry is that, if we aren't able fix things within 6 months, Would it be considered abandoning my permanent residency?

I still plan on keeping my ties to the US. such as a bank account, credit cards, cell phone, car insurance.

But I'm worried that the ties I have to the US, are not enough for them to think that I'm not abandoning. (the rental agreement has always been in his name, each vehicle title is in our own names. and we do not have a shared bank account)

Lets just say that my husband and I fix things within 12 months, and we plan to live together in the US again, would we need to start the CR-1 Process all over again?

Its time consuming and costly...especially for a process that we went thought nearly 2 years ago.

I just don't know if there is any other way around this.

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I spoke with my husband , we will both complete the I751 together (for removal of conditions), and he will mail it for us, as I will be in Canada at that time.

Hopefully the lengthy processing time for the removal of conditions will help- as they extend the permanent residency by 1 year or until I am approved and the new GC is mailed to me.

You will also need to plan to come back for biometrics, a couple weeks/months after sending the i751.

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I sent u personal msgs if u feel free I can share my info wth u


U.S.ARMY Swear in 03/20/2015

We are dual military couple.


Removing conditions on Residency


I-751 Filed 06/09/2014

NOA 1 NEVER RECEIVED (EDIT - MY HUSBAND PUT THAT LETTER IN THE CAR...GRRRR I JUST NOTICED THAT AFTER I RECEIVED MY GREENCARD)

Biometrics 07/14/2014

(Case transfer from VSC to CSC Oct/29/2014)

RFE Received 12/18/2014

2nd Bio 01/23/2015

3rd Bio 02/03/2015 + Infopass for I-551 stamp

RFE Responded 02/04/2015 (Mailed RFE Jan 30)

Approved!!!!! 02/10/2015

Card Mailed 02/17/2015 Card was picked up by the usps 02/18/2015

Card in hand 02/21/2015 !!!!!



Adjust to permanent resident status

Filed 05/03/2012

NOA 1 05/07/2012(notice date)

Biometrics 06/08/2012

(Case transfer from VSC to CSC June/01/2012)

Approved 09/05/2012

(welcome notice with card)


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Sorry to hear about your difficulty in the marriage. Adultery is very hard thing to get-over.

It is not for anyone in this forums or thread to tell you what you should do. Only your brain and your heart can help you decide what is best for you.

However, if "Fixing this marriage" is both you and your husband's goal, THEN DO NOT move back to Canada. The only way to fix a marriage is to either a) Come together to some sort of mutual understanding or b) get professional counseling assistance to help the both of you communicate and overcome this obstacle.

just my opinion on the subject....


PETITION I-130

1/2/2015 - Petition sent to Phoenix Lockbox

1/6/2015 - NOA #1 Receipt

7/1/2015 - NOA #2 Approved

7/10/2015 - Email from Nebraska stating sent the case to NVC

NVC

7/16/15 - Case Received by NVC

7/30/15 - Case number assigned

8/3/15 - DS-261 Agent available

8/4/15 - DS-261 Agent completed

8/4/15 - AOS fee available & paid

8/6/15 - Check cleared the bank & bar-code cover sheet now available

8/13/15 - AOS Packet & IV Packet sent to NVC by priority mail

8/15/15 - IV fee available & paid same day

8/17/15 - NVC received package

8/19/15 - Check cleared the bank & DS-260 available & DS-260 completed!!! ALSO, we received email notification from NVC that they received package on 8/17

- Case completed at NVC

- Case sent to Embassy on this date

EMBASSY

- Embassy received packet

- Wife received Packet 3/4 Instructions

- Medical appointment

- Interview

Point of Entry

- Enter Austin, Texas

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Residing in the same household right now is an issue, because facing the infidelity every minute of every day is taunting. I have no one else that I could stay with in the states temporarily, That is why my only option is to move home right now.

As for needing to be with family. I believe I need this more than anything.

Its easy for someone to judge my situation in a negative manner. Because it's hard to put yourself in my position.

But please don't post rude statements.

This forum is suppose to help people, not to belittle them.

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I'm sorry for what you are going through. Since you are still interested in following the immigration process, how do you plan on explaining the gap in cohabitation? That's one of the big things USCIS looks at during the I-751 process.


 

 



07/09/2008: F-1 Interview - Successful
05/01/2013: (L) Married (L)

AOS from F-1:
07/09/2013: AOS package (I-130/I-485/I-756/I-131) fedexed
09/25/2013: AOS Interview with my husband at Milwaukee, WI
03/03/2014: AOS Approved

I-751 Removal of Conditions:

11/13/2015: Received reminder notice dated 11/08 from USCIS to apply for ROC
Day 00 - 12/04/2015: Mailed I-751 package to CSC via USPS Priority Mail
Day 03 - 12/07/2015: I-751 package delivered
Day 05 - 12/09/2015: Check cashed
Day 07 - 12/11/2015: NOA1 received dated 12/07/15
Day 22 - 12/26/2015: Biometric appointment notice received dated 12/19/15
Day 35 - 01/08/2016: Biometric appointment

Day 235 - 07/26/2016: Approved (E-notification of Card Production)

Day 238 - 07/29/2016: Status changed to 'Card Was Mailed to Me'

Day 241 - 08/01/2016: CSC returned original docs that were submitted at the time of application.

Day 241 - 08/01/2016: New status update 'Card was picked up by the United States Postal Service' Priority Mail 2-Day with tracking number provided.

Day 243 - 08/03/2016: Received 10 year Green Card

Day 255 - 08/15/2016: Received NOA2 with approval dated 07/26/2016

Click here for a sample of my cover letter, list of evidence, package assembly & shipping box

Click here for a sample of my I-751 notarized affidavit from a friend

 

 

N-400 Naturalization:

12/03/2016: Eligible

Day 00: 12/12/2016 Mailed N-400 to Phoenix, AZ lockbox via USPS Priority Express

Day 01: 12/13/2016 N-400 application delivered

Day 03: 12/15/2016 Credit card charged

Day 07: 12/19/2016 Text & e-mail notification received with a NBC receipt #

Day 11: 12/23/2016 NOA received via mail with priority date 12/13/16

Day 16: 12/28/2016 Received E-mail notification reg. biometrics scheduling

Day 19: 12/31/2016 Received Biometric notice via mail with notice date 12/24/2016

Day 32: 01/13/2017 Biometric appointment

Day 53: 02/03/2017 Received e-mail notification stating I am "in line" for interview scheduling

Day 144: 05/05/2017 Filed an e-request that interview notice was not yet mailed to me

Day 148: 05/09/2017 Received e-mail notification that interview has been scheduled after being in line for 95 days

Day 151: 05/12/2017 Received N-400 Interview notice via USPS

Day 183: 06/13/2017 N-400 Interview at USCIS Milwaukee, WI field office (Approved!) ***To read about my interview experience, click here***

Day 192: 06/22/2017 Received e-mail notification stating I am placed in line for oath ceremony

Day 206: 07/06/2017 Received e-mail notification stating oath ceremony notice was mailed

Day 210: 07/10/2017 Received oath ceremony notice (N-445) via USPS

Day 227: 07/27/2017 Oath Ceremony at Milwaukee, WI!

Dual citizen (France & U.S.A) / OCI card holder

 

Day 00: 07/27/2017 U.S. passport application at Milwaukee, WI (routine processing)

Day 05: 08/01/2017 Passport application locator number provided

Day 06: 08/02/2017 Checks cashed

Day 12: 08/08/2017 Received 2 e-mails stating that passport processing is over and it has been mailed with tracking # provided

Day 15: 08/11/2017 Received passport book via Priority Mail

Day 18: 08/14/2017 Received passport card via First Class Mail

Day 22: 08/18/2017 Received naturalization certificate back via Priority Mail / Updated citizenship status with SSA
 

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