HELP!!!! Marriage Issues + Temporary Move to Canada before removal of conditions.

[Jpmata 2]

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.

[Darnell 8,478]

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' ?

[Jpmata 2]

I cannot apply for the removal of conditions until at least SEPT 4th (at which point I will be in Canada)

[Darnell 8,478]

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 August 6, 2015 by Darnell

[Jpmata 2]

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?

[Darnell 8,478]

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

[Jpmata 2]

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.

[NikLR 13,220]

While I understand your need to be with your family, I also do not think that spending 6+ months apart would help mend your relationship. You will likely want to take time to figure things out however and I respect that decision.

It's quite possible that your ROC would be finished before then if current timelines keep up as well (people in April from CSC have approvals already.)

Best of luck to you both.

[Jawaree 717]

OP clearly you are hurt understandable, but do you really want to work things out?

seem like pushing back some dates should be what you want to do, but you just

want to go home to your parents, maybe some counseling is what you should try

if you both want to save the marriage, because you cant run away from the reality

of his indiscretion or any disagreements all the time. Wishing you the best

[ricnally 258]

You're moving yourself and all your stuff back home to Canada to work on your marriage??? Get real.

[Lemonslice 4,553]

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.

[toribae1031 3]

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

[Karmalious 50]

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....

[Jpmata 2]

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.

[Jpmata 2]

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.

I don't plan on lying to them. I'm sure infidelity is nothing new to them. I would rather be honest and upfront, than lie.