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Posted

Hi all. I fell pregnant in November 2015 and left the US in May with the intention of going back. I entered the US on a K1 visa in 2013. My husband was physically abusive throughout our 2 1/2 years of marriage. I have evidence - pictures, police reports, hospital discharge papers of a sternum fracture, photos and videos of him trashing our apartment. I had to leave in May and come back to England as I couldn't risk raising the baby around him and his violence. My conditional GC expired July 23rd 2016. My son was born August 6th 2016. What steps would I have to take to re enter the US? I'm aware I can't travel with my green card. Is there a way for me to get my green card reinstated? Can I enter the US just to visit temporarily to sort out legal things - insurance, banking, divorce etc. Do I have any chance of being able to move back? Thankyou.

August 13th 2012: Met online on BF3 for PS3 wink.png
October 15th 2012: Connected via email, Facebook and were on Skype 24/7
November 14th 2012: Started our relationship
February 8th 2013: He traveled to the UK and we met for the first time ♥
February 14th: He proposed (eeeeeek)
April 19th 2013: Mailed our I-129F to VSC
April 30th 2013: He shipped off from the UK to U.S Army Boot Camp for 3 and a half months (waaaaa) sad.png
July 9th 2013: Transferred to TSC
July 23rd 2013: Approved biggrin.png (No RFE's)
August 19th 2013: NVC received packet
August 20th 2013: Case number received
August 21st 2013: Case left NVC and sent to Embassy
August 27th 2013: Embassy received case
September 10th 2013: Packet 3 received
September 11th 2013: Packet 3 returned
October 8th 2013: Medical
October 11th 2013: Received appointment letter
October 29th 2013: Interview (Approved) :DD
November 6th 2013: Visa in hand :DD ♥
November 19th 2013: POE, Newark International Airport
November 22nd 2013: Driving from NY to GA
November 25th 2013: Wedding♥

Filed: Citizen (apr) Country: Jordan
Timeline
Posted (edited)

If you left the country with a conditional green card and did not remove conditions there is nothing you can do. You abandoned your GC, it doesn't matter what your intentions were before you left.

Edited by mimolicious


Posted

Am I able to re enter the US to visit to sort out legal things? Divorce etc? 3 week stay maximum? I'm assuming il have to show ties to the UK to prove that I don't plan on staying illegally. My son will be staying behind in the Uk while I plan to visit. Will this affect any kind of visa/petition I apply for in the future?

August 13th 2012: Met online on BF3 for PS3 wink.png
October 15th 2012: Connected via email, Facebook and were on Skype 24/7
November 14th 2012: Started our relationship
February 8th 2013: He traveled to the UK and we met for the first time ♥
February 14th: He proposed (eeeeeek)
April 19th 2013: Mailed our I-129F to VSC
April 30th 2013: He shipped off from the UK to U.S Army Boot Camp for 3 and a half months (waaaaa) sad.png
July 9th 2013: Transferred to TSC
July 23rd 2013: Approved biggrin.png (No RFE's)
August 19th 2013: NVC received packet
August 20th 2013: Case number received
August 21st 2013: Case left NVC and sent to Embassy
August 27th 2013: Embassy received case
September 10th 2013: Packet 3 received
September 11th 2013: Packet 3 returned
October 8th 2013: Medical
October 11th 2013: Received appointment letter
October 29th 2013: Interview (Approved) :DD
November 6th 2013: Visa in hand :DD ♥
November 19th 2013: POE, Newark International Airport
November 22nd 2013: Driving from NY to GA
November 25th 2013: Wedding♥

Posted (edited)

The problem is the only item you had to reenter the US is no expired. That was the green card. You won't be able to enter now.

If you did not file for removal of conditions prior to you leaving I don't know if you would be able to do it now. Your permanent resident status was based on your marriage. If you left the country before filing anything it may be deemed abandoned which means you are back to square one. Have you filed for divorce, ROC, reentry permit, or anything before you left?

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

Try ESTA (assuming you are a UK citizen). It may not work but worth a try.

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.

mod penguin.jpg

Filed: K-1 Visa Country: Wales
Timeline
Posted

Officially surrender the GC, just to be on the safe side, and use the VWP.

You can divorce remotely.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

You can enter U.S. But you have to get transportation letter from C.B.P. (U.S. Embarry or not) Or returning visa. Sb-1(not sure about sb one)

Google it how to get it. Explain your situation with letter. Collect all your plane ticket receipt whatever w/ all supporting doc tax return. Your bills. Anything. That you left U.S. But you are actually didnt intend to terminate your green card. However. Therr is no guarantee to bring your kid. Also. No guarantee to get transportation letter or not. I understand your situation. However. You COULD ask someone. Or police. Before you left. I know it sucks. But. We gotta be realistic.

Plus. If you go back to U.S. That means you gotta re-apply it. But if you are no longer staying in U.S. The best way is giving up your card.

Plus. If you go back to U.S. That means you gotta re-apply it. But if you are no longer staying in U.S. The best way is giving up your card.

Swear in 03/20/2015

U.S. Citizenship 2015 Nov~

 
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)

 

 

 

 

Filed: Citizen (apr) Country: Hungary
Timeline
Posted

You can enter U.S. But you have to get transportation letter from C.B.P. (U.S. Embarry or not) Or returning visa. Sb-1(not sure about sb one)

Google it how to get it. Explain your situation with letter. Collect all your plane ticket receipt whatever w/ all supporting doc tax return. Your bills. Anything. That you left U.S. But you are actually didnt intend to terminate your green card. However. Therr is no guarantee to bring your kid. Also. No guarantee to get transportation letter or not. I understand your situation. However. You COULD ask someone. Or police. Before you left. I know it sucks. But. We gotta be realistic.

Plus. If you go back to U.S. That means you gotta re-apply it. But if you are no longer staying in U.S. The best way is giving up your card.

Plus. If you go back to U.S. That means you gotta re-apply it. But if you are no longer staying in U.S. The best way is giving up your card.

OP let her 2-year conditional GC expire without filing I-751. On what basis is she supposed to get an SB-1?

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Filed: Timeline
Posted

It sounds crazy but you are 4 months late in filing for ROC. You can file late with an explanation. Its a long shot but its worth a try especially if you are going to file under the abuse waiver option.

I would speak to an attny but from my understanding you can file with an explanation from an overseas address and ask them to put your application on hold until you get back to the US and set up an address again. (not sure of how the wording would be in the explanation so an attny would be needed). When you file you would get a receipt with the extension which would allow you to travel back to the US with your expired GC. When you set up again you would then tell USCIS and they would resume processing and youd go for biometrics and ultimately interview.

Posted

That's why i said idk about sb-1. But. Transportation letter she still can try tho. But im not 100 percent sure to get it or nah

OP let her 2-year conditional GC expire without filing I-751. On what basis is she supposed to get an SB-1?

Swear in 03/20/2015

U.S. Citizenship 2015 Nov~

 
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)

 

 

 

 

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted

It sounds crazy but you are 4 months late in filing for ROC. You can file late with an explanation. Its a long shot but its worth a try especially if you are going to file under the abuse waiver option.

I would speak to an attny but from my understanding you can file with an explanation from an overseas address and ask them to put your application on hold until you get back to the US and set up an address again. (not sure of how the wording would be in the explanation so an attny would be needed). When you file you would get a receipt with the extension which would allow you to travel back to the US with your expired GC. When you set up again you would then tell USCIS and they would resume processing and youd go for biometrics and ultimately interview.

I think that would have mattered if she was still in the US but she left.

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

Filed: Timeline
Posted

I think that would have mattered if she was still in the US but she left.

??

What does that mean? You can file ROC from overseas. You have to come back to the US for biometrics and interview however. Look it up. She also left on a temp basis. She did not abandon her residency- she stated she had intentions of returning. You are allowed as a LPR to leave the US whenever you want. And even though this does not apply here in cases of VAWA (where you would be seeking an actual GC) you can in fact leave the US due to the abuse and apply for VAWA from outside the US. When you apply for ROC with the abuse waiver it is processed by Vermont (the same people that do vawa) so I do not foresee them having an issue with her leaving the US temporarily due to the abuse for her safety and the safety of her child.

Filed: Citizen (apr) Country: Hungary
Timeline
Posted

??

What does that mean? You can file ROC from overseas. You have to come back to the US for biometrics and interview however. Look it up. She also left on a temp basis. She did not abandon her residency- she stated she had intentions of returning. You are allowed as a LPR to leave the US whenever you want. And even though this does not apply here in cases of VAWA (where you would be seeking an actual GC) you can in fact leave the US due to the abuse and apply for VAWA from outside the US. When you apply for ROC with the abuse waiver it is processed by Vermont (the same people that do vawa) so I do not foresee them having an issue with her leaving the US temporarily due to the abuse for her safety and the safety of her child.

Leaving is fine. Letting the GC expire without filing I-751 is NOT. She can try to late file. It may be accepted or it may not.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted

??

What does that mean? You can file ROC from overseas. You have to come back to the US for biometrics and interview however. Look it up. She also left on a temp basis. She did not abandon her residency- she stated she had intentions of returning. You are allowed as a LPR to leave the US whenever you want. And even though this does not apply here in cases of VAWA (where you would be seeking an actual GC) you can in fact leave the US due to the abuse and apply for VAWA from outside the US. When you apply for ROC with the abuse waiver it is processed by Vermont (the same people that do vawa) so I do not foresee them having an issue with her leaving the US temporarily due to the abuse for her safety and the safety of her child.

I meant to say that it wouldn't have mattered.

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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