Failed Marriage. I decided to go back and stay in Philippines for good.

[phchai 0]

I'm a 29 year old Filipina, married to a 27 year old, American born Taiwanese. We got married 2015, and i was able to join him in the US April of 2016. I am a greencard holder, although since we were only married for less than 2 years when i went to the US, i am supposed to apply for an adjustment of status or removal of conditions (from conditional legal resident to legal resident) before the 2nd anniversary of my arrival which would be (before april of 2018).  However, i left the US October of 2017. To make the story short, our marriage didn't work out. So i rushed home to the Philippines. Initially planned to just take a break, and be in my comfort zone again. But after constantly exchanging emails with my husband i realized that we really couldn't get along anymore. On top of that, my dad's health condition is getting worse (he's now on his final stage of liver cirrhosis) and i couldn't, even for a second, think of being away from my family again especially with my dad's current situation. I haven't acquired any properties or anything there, I have nobody and no house to go back to, and also zero funds to start anew. So to me, there's no more reason to go back to the US.

 

My concerns:
1. I want to know what happens to my residency status since i won't be able to apply for the removal of conditions this April. Will they just automatically void my visa? Not that I plan to go back but is there anything i need to do? to complete? or to submit?

2. My husband and I already agreed to separate, and get divorced but he is preoccupied as of the moment. He's got no time to find out what needs to be done. There's no rush, but is there anything i can/need to do on my end?

Thanks in advance for your advice! Have a good day!

[POA 175]

1 hour ago, phchai said:

I'm a 29 year old Filipina, married to a 27 year old, American born Taiwanese. We got married 2015, and i was able to join him in the US April of 2016. I am a greencard holder, although since we were only married for less than 2 years when i went to the US, i am supposed to apply for an adjustment of status or removal of conditions (from conditional legal resident to legal resident) before the 2nd anniversary of my arrival which would be (before april of 2018).  However, i left the US October of 2017. To make the story short, our marriage didn't work out. So i rushed home to the Philippines. Initially planned to just take a break, and be in my comfort zone again. But after constantly exchanging emails with my husband i realized that we really couldn't get along anymore. On top of that, my dad's health condition is getting worse (he's now on his final stage of liver cirrhosis) and i couldn't, even for a second, think of being away from my family again especially with my dad's current situation. I haven't acquired any properties or anything there, I have nobody and no house to go back to, and also zero funds to start anew. So to me, there's no more reason to go back to the US.

 

My concerns:
1. I want to know what happens to my residency status since i won't be able to apply for the removal of conditions this April. Will they just automatically void my visa? Not that I plan to go back but is there anything i need to do? to complete? or to submit?

2. My husband and I already agreed to separate, and get divorced but he is preoccupied as of the moment. He's got no time to find out what needs to be done. There's no rush, but is there anything i can/need to do on my end?

Thanks in advance for your advice! Have a good day!

I am sorry to hear about your marriage and specially your father's situation. Once your conditional gc expired without you filing for the ROC and receiving the extension, you will lose your resident status in the US. This means if for some reason you decided that you wanted to go back or your relationship with your husband improves, a new petition will be filed for you. 

[Boiler 43,788]

File I 407

[JE57 239]

First and foremost I'm sorry your Marriage didn't work out and condolences and prayers for your Dad.  As for your questions,  If you do nothing then your greencard will be considered abandoned which is fine.  As for the divorce,  yes, there is no particular hurry unless you fall in love and decide to Marry someone else.  It is important, however, that he be the one to initiate and process the divorce rather than you as it allows you to have that divorce recognized in the Philippines which still requires you to go to court but is much easier and cheaper than a full annulment.    I would suggest that you download for I-407 as boiler suggested and turn in your greencard at the embassy in Manila.  Doing so will give you a better chance ( potentially ) of getting a tourist Visa in the future should you desire such a visa.. 

 

[phchai 0]

Thank you all for your advice! I will surely complete the I-407. 🙂 thanks a lot!

[phchai 0]

23 hours ago, Boiler said:

File I 407

Hi! so im going through the form but i am a little confused with the "Mailing Address Abroad" part. I am here in the Philippines and I will mail my form to the manila US embassy. The "abroad" part, do they mean my address in the US? or address here in Philippines? Also, i forgot my elis account number. does it matter if i fill it out or not?

[JE57 239]

Address would be your address in the Philippines.  It would be better if you could find your A number but if you can not then attach a note to the form that you can't locate it and provide instead any other US Identity numbers you may have such as SSN or Greencard #.   Save a copy of the form you submitted and if you intend to mail the form along with your greencard then see if there is a way you can do so that you get a receipt that the package was received at the US Embassy.  If you are in Metro Manila I think it would be preferable to go to the Embassy and file it.

 

[JE57 239]

Actually your Greencard has a USCIS # which is all that should be required for the form I-407 since that is your A number and your passport entry stamp to the USA also likely has your A-number as well as your visa stamp for the USA