GC holder left USA after divorce. Will I be allowed back in?

[JC93 0]

Hello everyone. I am in a tricky situation and am worried about being seen as having abandoned my US residency.

 

I currently have a conditional marriage-based Green Card set to expire next June. Unfortunately the marriage between me and my US-citizen spouse did not work out, and we were divorced this past September. Our home was entirely in her name, and after the divorce I was more or less forced out under the threat of eviction. As I had yet to obtain employment or my US driver's license, I found it impossible to secure an apartment of my own, and so facing possible homelessness in a rural area I decided to take flight back to my home country.

 

At this same time, my mother's health has been declining, and she had also asked that I return in order to provide some temporary care for her. This gave me two reasons to leave the USA, although both with the idea that my absence would be temporary. It is my intention to spend the next months that I am caring for her to better organize my financial situation and return to the USA in order to seek employment, and a better life for myself.

 

However, the following issues are at play:

 

• I no longer have an address in the United States. I was living with my now ex-wife, and have since left the property. I believe she intends to sell it within the next several months.
• I have no employment history, or bank account in the United States.
• I do have a valid US Green Card and SSN.
• I do have a jointly filed 2022 US tax return with my US-citizen spouse.
• I do have a valid Temporary Instruction Permit for the state of Michigan, allowing me to take the test for my license. Unfortunately I never had time to complete the test, but it is valid until March of next year.
• I have been physically present in the United States continuously for the last 24 months. I have held a US Green Card for the last 16 months.
• Having nowhere to store my stuff, and no car, I had my clothes and computer shipped back to my home country.

 

I do understand that I will need to file form I-751 along with a waiver in order to remove the conditions on my residency. I am not worried about that process so much as the marriage was legitimate and my ex-wife is willing to also testify to that alongside plenty of evidence.

 

I ideally intend to return within 3-4 months. I will use this time to reorganize my finances and will have sufficient savings liquidity to obtain accommodation of my own (6-12 months living expenses inc. rent).

 

Am I likely to run into any issues upon reentry, and is there anything I should be doing at this present moment to better protect my Green Card?

[Lil bear 4,252]

3 minutes ago, JC93 said:

Hello everyone. I am in a tricky situation and am worried about being seen as having abandoned my US residency.

 

I currently have a conditional marriage-based Green Card set to expire next June. Unfortunately the marriage between me and my US-citizen spouse did not work out, and we were divorced this past September. Our home was entirely in her name, and after the divorce I was more or less forced out under the threat of eviction. As I had yet to obtain employment or my US driver's license, I found it impossible to secure an apartment of my own, and so facing possible homelessness in a rural area I decided to take flight back to my home country.

 

At this same time, my mother's health has been declining, and she had also asked that I return in order to provide some temporary care for her. This gave me two reasons to leave the USA, although both with the idea that my absence would be temporary. It is my intention to spend the next months that I am caring for her to better organize my financial situation and return to the USA in order to seek employment, and a better life for myself.

 

However, the following issues are at play:

 

• I no longer have an address in the United States. I was living with my now ex-wife, and have since left the property. I believe she intends to sell it within the next several months.
• I have no employment history, or bank account in the United States.
• I do have a valid US Green Card and SSN.
• I do have a jointly filed 2022 US tax return with my US-citizen spouse.
• I do have a valid Temporary Instruction Permit for the state of Michigan, allowing me to take the test for my license. Unfortunately I never had time to complete the test, but it is valid until March of next year.
• I have been physically present in the United States continuously for the last 24 months. I have held a US Green Card for the last 16 months.
• Having nowhere to store my stuff, and no car, I had my clothes and computer shipped back to my home country.

 

I do understand that I will need to file form I-751 along with a waiver in order to remove the conditions on my residency. I am not worried about that process so much as the marriage was legitimate and my ex-wife is willing to also testify to that alongside plenty of evidence.

 

I ideally intend to return within 3-4 months. I will use this time to reorganize my finances and will have sufficient savings liquidity to obtain accommodation of my own (6-12 months living expenses inc. rent).

 

Am I likely to run into any issues upon reentry, and is there anything I should be doing at this present moment to better protect my Green Card?

Re entering with an unexpired GC and time out of the US less than 180 days should not be a problem. Is the divorce finalised? You will need to be thorough in your I 751 documentation and filing in order to establish a bonafide intent to reside in the US. Lack of employment and other ties such as drivers licence v etc make it uncertain how your a I 751 will be viewed. Better return as soon as you can .. Get a job, get your life in order and well documented and strong evidence of a life in the US .. at present you don’t really have any ties that would convince them … 

[JC93 0]

2 minutes ago, Lil bear said:

Re entering with an unexpired GC and time out of the US less than 180 days should not be a problem. Is the divorce finalised? You will need to be thorough in your I 751 documentation and filing in order to establish a bonafide intent to reside in the US. Lack of employment and other ties such as drivers licence v etc make it uncertain how your a I 751 will be viewed. Better return as soon as you can .. Get a job, get your life in order and well documented and strong evidence of a life in the US .. at present you don’t really have any ties that would convince them … 

It's reassuring to hear that I shouldn't have any issues as long as I keep it under the 180 days. It does appear likely that they will waive me through, and the facts of my situation may never come up. I'm just worried, as I do agree my current ties are limited. And yes, the divorce is finalized.

 

However, I was under the impression that form I-751 only assessed the legitimacy of my initial AOS, i.e. to ensure the marriage wasn't fraudulent. But yes, I understand the importance of establishing those ties ASAP as a matter of general necessity.

[OldUser 6,890]

30 minutes ago, JC93 said:

However, I was under the impression that form I-751 only assessed the legitimacy of my initial AOS, i.e. to ensure the marriage wasn't fraudulent. But yes, I understand the importance of establishing those ties ASAP as a matter of general necessity.

I-751 requires proof of bonafide marriage from the wedding date to time of filing. In your case, since you're divorced, from the wedding date to the day you got divorced.

 

This evidence, in fact, will prove that you didn't marry for immigration benefit.

 

Edited November 4, 2023 by OldUser

[Timona 4,207]

You may also wanna factor in if short marriages and quick divorces are something your country folks tend to do. 

 

What country are we talking about?

[JC93 0]

1 minute ago, Timona said:

You may also wanna factor in if short marriages and quick divorces are something your country folks tend to do. 

 

What country are we talking about?

United Kingdom. I figure suspicions of fraud are unlikely.

[Timona 4,207]

Unlikely, yes, but quick divorce and marriage trend from UK has started too. Seen a few cases from there. 

[Boiler 45,670]

When did you leave?

[JC93 0]

4 minutes ago, Boiler said:

When did you leave?

Just under 24h ago.

[Boiler 45,670]

31 minutes ago, JC93 said:

Just under 24h ago.

Not an  issue

[tree248 13]

Get a State ID card when you come back. You can have one at the same time as a learner's permit in Michigan.  When we got one in our family before conditional Green Card expired in Michigan, it was for the normal term of 4 years. Learner's Permits are only 6 months in Michigan.