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Removal of condition or reapply for a new green card?

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Hi all,

I have read many forums but cannot seem to find a clue for my own situation. I have talked to a few lawyers but all seems to have different ideas.

Here is my situation: I got married to my husband (a US citizen) in late 2012, and had our daughter in 2013. I received my conditional GC Oct, 2013. So it expires this Oct and planning to proceed with ROC in July.

However here is a twist: I left US to put our daughter in a cheaper (compared to those ones in NYC) and better day care in Japan, also to let her learn and be able to speak Japanese. (She has both passport so she is not my concern in this matter) and stayed for 7 and a half months. I came back to the US and leftto Japan again after brief stay of 2 and a half months. I am still in Japan, still within 12 months total-stay.

Our daughter really likes the setting in Japan-loving to go to the little "school" here, learning a lot in much safer neighborhood (no guns allowed...), and she seems to just love everything Japan can offer, for now. Also I have relatively better-paid job as a translator than the ones I had in the US.

On the other hand, day care system in NYC is ridiculously expensive and our apt is in a rough neighborhood in Brooklyn. So we decided that its better that we stay here while she is small. But my husband has a job as civil servant and cannot take a leave, so he remains there the whole time. We eventually want to raise her in the US.

Our marriage has been not easy but if anyone ask me, it is a legit marriage. My husband came to Japan to visit us and we even went on a little trip in Japan. And we did have lived together in the same address for more than a year as a married couple (we submitted the application 8 months after we got married) and we have been filing tax together, have joint back accounts, credit card, same health insurance and of course our daughter.

So my questions are-

1. I plan to go back to the US to remove my condition, but is there great chance that it gets denied, because we are living separately for almost 1 year?

2. I assume at least there will be an interview?

3. Would it be most likely denied if I apply for reentry permit, since I have stayed outside of US almost 1 year already?

4. Or, should I just forget about ROC, abandon my current GC and reapply for new petition when we are ready to commit living in the states?

5. If so, is there any "suggested" gap I should wait to re-apply? i.e, should I wait at least 3 years?

6. If I did abandon my greencard, how do I enter the US?

7....given this situation of mine...Do I need a lawyer for ROC??

I really would appreciate any type of info. Everyone here seems not only generously helpful but also very knowledgable with real experiences.

Thanks much in advance!

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1. Yes, there is a decent chance of that.

2. Depends, not everyone gets an interview, especially if you have good evidence. How did you come to the USA? For example, if you had a K1 and a AOS interview, chances are normally good you won't have a ROC one, but with your lack of living together, you may have one anyways.

3.Not my area of expertise, but from what I see here, re-entry permits are usually granted, so if you can get through ROC, it would be worth a shot.

4. That sounds like a decent option, but it would depend on how long you want to stay out.Like, if you plan to come back permanently within a year or so, I would try and get ROC. But if you plan on staying in Japan till your daughter enters elementary school in 3+ years, I would definitely abandon.

5. No minimum/ suggested gap.

6. Tourist visa.

7. If you go for ROC, and you can find a good lawyer (unfortunately, not all are....) it may not be a bad idea, due to the not living together for so long, and also you mention some trouble in the marriage.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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1. Yes, there is a decent chance of that.

2. Depends, not everyone gets an interview, especially if you have good evidence. How did you come to the USA? For example, if you had a K1 and a AOS interview, chances are normally good you won't have a ROC one, but with your lack of living together, you may have one anyways.

3.Not my area of expertise, but from what I see here, re-entry permits are usually granted, so if you can get through ROC, it would be worth a shot.

4. That sounds like a decent option, but it would depend on how long you want to stay out.Like, if you plan to come back permanently within a year or so, I would try and get ROC. But if you plan on staying in Japan till your daughter enters elementary school in 3+ years, I would definitely abandon.

5. No minimum/ suggested gap.

6. Tourist visa.

7. If you go for ROC, and you can find a good lawyer (unfortunately, not all are....) it may not be a bad idea, due to the not living together for so long, and also you mention some trouble in the marriage.

Hi Queen Penguin,

Thanks for your reply!

So you'd say there is a chance that it gets denied... yeah, I would assume so too, though I am not an expert of this area of law.

for #2, I came to the US with my F1 visa, I remained always in good standing of the visa, no issues and went straight to college/graduated in 4 years. I met my husband at college and adjusted my status after we got married. So at the interview for my adjustment (am I correct?), the officer asked almost NO question (except for standard questions like if I ever committed crime or solicited prostitution etc) and just told us we will get the conditional GC in a mail soon. So we were so surprised that all the hassles of collecting evidence actually did nothing at the interview or any point of the process.

I still don't know if I will leave to live in the US in a year, but if I can obtain reentry permit, I would definitely try for ROC...

Thanks so much!

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ROC can take some time so you'd have to be in the USA at least until your biometrics and come back if there is an interview. Still if you're nit trying to live in the USA at this time..,

To be honest I think option 4 is your best idea. Remember a spousal visa takes about a year and you can make it take longer.


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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Number 4 is your ideal option, until you really intent to stay and work in the US.

ROC is not practical at this time when you are not even ready to move back, let alone it will take a while.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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HI all,

Thank you so much for your replies and advises.

My concern for the option #4 is that, don't I have chance to get denied since we are living apart so long?

Also a few lawyers did say that it may be difficult, (I don't know why) and a few said it should be fine if no fraud marriage is involved.

I really cannot trust or find a trustworthy lawyer when it comes to "Do I really need a lawyer" question (duh) but DO I NEED A LAWYER, if I am applying for GC again?

How do I go about to prove that it IS real marriage and reduce the chance of getting denied?

Is there anyone who has applied for GC again after abandoning it before ROC procedure? And got approved?

I am also still wanting to hear what you all would say on my original questions-

1. I plan to go back to the US to remove my condition, but is there great chance that it gets denied, because we are living separately for almost 1 year?

2. I assume at least there will be an interview?

3. Would it be most likely denied if I apply for reentry permit, since I have stayed outside of US almost 1 year already?

4. Or, should I just forget about ROC, abandon my current GC and reapply for new petition when we are ready to commit living in the states?

5. If so, is there any "suggested" gap I should wait to re-apply? i.e, should I wait at least 3 years?

6. If I did abandon my greencard, how do I enter the US?

7....given this situation of mine...Do I need a lawyer for ROC??

Thanks all!!!

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You are far more likely to need a lawyer to get the ROC passed at this time, than a new CR-1 spousal visa in a few years; we have had several cases on here where a spouse left, usually because of family reasons (more family at home to take care of babies, an elderly relative that needed looking after), and then applies for another spousal visa later. If you have a bonafide relationship (husband comes to visit you and the child regularly, you have joint finances), then it should not be a problem.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Also... is there any visa for US citizen spouse that later can be converted (adjusted) to GC?

K3 but its rarely granted and the IR1 is the most likely result if you try. Think 99% of the time. I did some math for 2012 and the K3 was granted .03% of the time. I think that number rose in 2013 but I havent done that math.

Edited by NLR

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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You are far more likely to need a lawyer to get the ROC passed at this time, than a new CR-1 spousal visa in a few years; we have had several cases on here where a spouse left, usually because of family reasons (more family at home to take care of babies, an elderly relative that needed looking after), and then applies for another spousal visa later. If you have a bonafide relationship (husband comes to visit you and the child regularly, you have joint finances), then it should not be a problem.

Hi Penguin ie,

Thank you for your reply again.

So it seems that I am not alone in this case where leaving the US to take care of young children...Then as you said the spousal visa should be much easier.

I really want to go back to the US, for myself, but for the sake of my daughter I'd stay....

My husband can only come once a year for about 3 weeks, I hope that should suffice for the evidence...

Thanks again!

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K3 but its rarely granted and the IR1 is the most likely result if you try. Think 99% of the time. I did some math for 2012 and the K3 was granted .03% of the time. I think that number rose in 2013 but I havent done that math.

Hi NLR,

Thanks so much for the info! I didn't know about this but come to think about it, some of my friends were applying for it, but I thought it was only for spouses who live in outside of the US WITH their sponsor spouse. Clearly it was only in my ideas :P

Anyhow, I am assuming the fee for this visa would be as same as the fee for entire GC application based on marriage?

I don't know why lawyers say different things when it seems to simple when I throw questions to them......

everyone here helped me so much better.

Thanks!

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Hi Penguin ie,

Thank you for your reply again.

So it seems that I am not alone in this case where leaving the US to take care of young children...Then as you said the spousal visa should be much easier.

I really want to go back to the US, for myself, but for the sake of my daughter I'd stay....

My husband can only come once a year for about 3 weeks, I hope that should suffice for the evidence...

Thanks again!

Your plan sounds really difficult. Why don't you move to the safer area in NY and live there with your husband ? Plenty of good schools and quiet neighborhoods in NY. You would definitely save a lot on maintaining only 1 household, instead of 2 in two different countries. And of course there would be no headaches with immigration.


ROC VSC mailed 5/7/14

NOA1 5/9

Check cashed 5/14

Biometrics current

RFE dated 12/18

RFE mailed 1/20

Approved 2/2 ! ( letter came from the local office)

Card received 2/17/15 !!!!

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Your plan sounds really difficult. Why don't you move to the safer area in NY and live there with your husband ? Plenty of good schools and quiet neighborhoods in NY. You would definitely save a lot on maintaining only 1 household, instead of 2 in two different countries. And of course there would be no headaches with immigration.

Do you think that my plans regarding the GC process is difficult or just overall?

We did look for houses in Long Island, where is much nicer, but we don't have enough money to pay for expensive day care (even in LI it costs about more than $1000/m) and mortgage that ends up to be $2500 a month. If I get a job I'm sure we can afford it, but working for day care and mortgage sounded really unsettling for me, while I have much better living condition out here in Japan. Plus, it would be so much harder to manage working and raising a child without someone's help (there is almost no one I can rely on except for my husband, who can be easily working 2 days straight).

And the jobs I can get here is much better in terms of the salary, so I thought I should save some for us to buy a house in the future.

DO you think itll be difficult, to obtain a GC again with just one visit a year?

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Hi NLR,

Thanks so much for the info! I didn't know about this but come to think about it, some of my friends were applying for it, but I thought it was only for spouses who live in outside of the US WITH their sponsor spouse. Clearly it was only in my ideas :P

Anyhow, I am assuming the fee for this visa would be as same as the fee for entire GC application based on marriage?

I don't know why lawyers say different things when it seems to simple when I throw questions to them......

everyone here helped me so much better.

Thanks!

K3? No. K3 visa is less, (you pay a non-immigrant fee vs immigrant fee before the interview) but to get the green card you have to adjust status, which makes it effectively double the CR1/IR1 in cost.


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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