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Archeon

Separation Prior To Removing Conditions

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Hi everyone,

As everyone here was so helpful in obtaining my K-1 Visa and conditional green card I wanted to give this a shot here before going to see a lawyer to see if anyone knew the answer.

I am british and entered America on a K-1 Visa, got married within the 90 days, adjusted status, got my conditional green card.

Now unfortunately we have decided to separate, prior to filing for removal of conditions, and I will be moving back to the UK. This leads to a couple of questions:

1) When I leave the states, my green card is still going to be valid for about 6 months more, should I be surrendering it or notifying USCIS?

2) If I let the green card expire, am I going to have difficulty entering the united states again in the immediate future under my UK passpord (not the green card), as I have vacation homes and friends here that I would rather not get locked out from.

Many thanks,

Simon


Service Center : Vermont Service Center

Consulate : London, United Kingdom

I-129F Sent : 2009-11-16

I-129F NOA1 : 2009-11-19

I-129F NOA2 : 2010-03-01

NVC Received : 2010-03-06

Consulate Received : 2010-03-15

Packet 3 Received : 2010-03-15

Packet 3 Sent : 2010-03-26

Packet 4 Received : 2010-04-23

Interview Date : 2010-05-11

Interview Result : Approved

Visa Received : 2010-05-19

US Entry : 2010-06-01

Marriage : 2010-06-10

Comments : No harassment at all at POE, just advised i had 90 days to marry, took 10-15 mins for the processing to take place.

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1. Surrendering it is your best option because of #2.

2. Yes. Letting the card expire isn't the best option. Surrendering the card is a BIG help in showing you don't have immigrant intent and should make it a lot easier to get a visitor visa to return to the US.

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Now unfortunately we have decided to separate, prior to filing for removal of conditions, and I will be moving back to the UK. This leads to a couple of questions:

It sounds like you prefer to return to the UK, but do you know divorce does not keep you from getting your 10 year greencard or US citizenship?


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Hi Nich-Nick,

Yes I was aware that it isnt a dead loss, but I have taken the decision to return to the UK.

Vanessa&Tony - thanks for your answer, confirmed this with border patrol and will surrender to the US embassy once I get back to england.

Regards,

Simon


Service Center : Vermont Service Center

Consulate : London, United Kingdom

I-129F Sent : 2009-11-16

I-129F NOA1 : 2009-11-19

I-129F NOA2 : 2010-03-01

NVC Received : 2010-03-06

Consulate Received : 2010-03-15

Packet 3 Received : 2010-03-15

Packet 3 Sent : 2010-03-26

Packet 4 Received : 2010-04-23

Interview Date : 2010-05-11

Interview Result : Approved

Visa Received : 2010-05-19

US Entry : 2010-06-01

Marriage : 2010-06-10

Comments : No harassment at all at POE, just advised i had 90 days to marry, took 10-15 mins for the processing to take place.

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