IR-1 Visa although we are legal separated

[anjaxxo 0]

I have a difficult question.

I moved to the US in 2011 with my daughter with a CR-1 Visa, I just got my 10-year unconditional green card.

Unfortunately, my daughter did not like it in the US and she moved back in 2012 with only 17 years old. We are in contact every day but that does not really make up for missing her. I also don't really feel home here and am missing my family and friends very bad.

My husband and I decided now that we will try a long distance relationship again and that I move back to Germany for a few years with a maybe chance to return to the US.

We would like to have a legal separation agreement, so that the other is not responsible for the other's debt in the future.

My question now is, if we are legal separated and I decide to come back to the US in a few years, would the legal separation agreement still make it possible for him to file a spouse visa again or does it count almost like a divorce?

We just want to separate our finances but still visit each other once in a while.

I don't want to file for a reentry permit because I think that I won't go back within the next 2 years, I guess this will take a little longer.

I would appreciate any help in this matter.

Greetings from Anja

[aaron2020 11,651]

You are married. Legal separation does not end the marriage. You are married until a divorce is finalized.

Once you take up residency in another country, you are presumed to give up your green card.

Here is the deal. Your husband can file for a spousal visa as long as he can show a bona fide marriage.

You should give up your green card at the US Embassy when you get home.

Remember, there are requirements to keep your LPR status. Included is the requirement to file US tax returns on your worldwide income.

If you fail to file US tax returns and don't give up your green card, you are setting yourself up for future problems coming to the US.

[Boiler 43,619]

Begs the question how you get un legally separated?

[Ryan H 3,791]

Moved from IR-1/CR-1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.

[Caryh 5,206]

Begs the question how you get un legally separated?

One would presume to petition the court which ruled you legally separated.

Although I would think being legally separated for money reasons would make it difficult to prove commingling of finances.

Edited April 29, 2014 by Caryh

[anjaxxo 0]

Well, there are reasons why I want our finances separate and he understands it. It was part of our problem here that he was not so good with finances and I am just scared that he makes big liabilities and then I am responsible and I am not even there to see what is going on.

Other than that we want to be on phone and skype and also visit each other.

We are not planning any visa fraud or anything like that. My only reason to come to the US was to be with him and this would be the only reason why I would go back. I actually like my life better in Germany but I know that my husband can't come over, he does not speak German and is not very good in learning languages and also he has a little daughter. My daughter is already 19.

So if I understand it right, I cannot go to Germany, work there and keep my Green Card with reentry permit, because I don't have permanent residence in the US and the center of my life is in Germany. But I thought that was the reason for a reentry permit, that you are out of the country longer than a year, less than two years and it gives you the opportunity to go back and live in the US.

And if I would just give my Green Card back and visit my husband on visa waiver, I could not come back because with the legal separation there is no bonafide of a marriage anymore and that way we can't apply for a spouse visa again, although we visit each other and stay in contact?

What can I do then to save my butt financially when I am overseas with having the opportunity to go back to the States and live there?

[Caryh 5,206]

You've got your 10 year green card. You can file for the re-entry and return within two years, if you keep your residence with your husband, even if separated. You will need to file USA taxes. You will not be able to keep doing this. I was talking to a couple the other day who spent half year here, and half in her country. After a number of years of this, they almost didn't let her back into the USA, so they're staying here until she qualifies for citizenship now.

Does Germany allow dual citizenship with the USA? You must be close to being able to apply for citizenship. That would allow you to do what you want, without worrying about the rules of USCIS.

[aaron2020 11,651]

Well, there are reasons why I want our finances separate and he understands it. It was part of our problem here that he was not so good with finances and I am just scared that he makes big liabilities and then I am responsible and I am not even there to see what is going on.

Other than that we want to be on phone and skype and also visit each other.

We are not planning any visa fraud or anything like that. My only reason to come to the US was to be with him and this would be the only reason why I would go back. I actually like my life better in Germany but I know that my husband can't come over, he does not speak German and is not very good in learning languages and also he has a little daughter. My daughter is already 19.

So if I understand it right, I cannot go to Germany, work there and keep my Green Card with reentry permit, because I don't have permanent residence in the US and the center of my life is in Germany. But I thought that was the reason for a reentry permit, that you are out of the country longer than a year, less than two years and it gives you the opportunity to go back and live in the US.

And if I would just give my Green Card back and visit my husband on visa waiver, I could not come back because with the legal separation there is no bonafide of a marriage anymore and that way we can't apply for a spouse visa again, although we visit each other and stay in contact?

What can I do then to save my butt financially when I am overseas with having the opportunity to go back to the States and live there?

No one said you couldn't use a Re-Entry Permit. You stated in your original post that you didn't want a Re-Entry Permit, so that is why no one addressed this.

You can get a Re-Entry Permit and keep your green card. You will need to file US tax returns.

[anjaxxo 0]

I see, sorry for the mix up.

Yes, I could apply for citizenship, I would have to file for keeping my German first and then end of May I could apply for Citizenship. But I would have to come for biometrics, for the interview and for the oath ceremony, worst case scenario that would be 3 trips, and I can't afford that. And I will leave here end of June.

Maybe that would be on time for biometrics here but not superlikely.

Well, I would apply for reentry permit in case I could not come back on a spouse visa. I just don't know now if I want to come back in two years or not.

So my most important question was, if my husband could file for a visa for me again on legal separation. If that is not possible I would probably file for reentry.

[aaron2020 11,651]

Husband can file for a spousal visa when you reconcile. It will take 6-12 months.

In real marriages, people do sometimes temporarily separate and then reconcile.

IMHO, you are better off with keeping the green card and getting a Re-Entry Permit. US taxes should not be a concern if you make less than $90,000 because of the foreign income exemption. It's only paperwork that you would have to file for your US tax returns.

[anjaxxo 0]

Yes, I know that. I don't worry about the tax returns. I know I have to do them and I will. Also FBARs.

Thank you for the answers, aaron2020.

[Boiler 43,619]

The re entry permit is just evidence of your intent to maintain your US residency despite being absence for some time.

You still need to do it.