NikkisPrecious

You could not afford to file, but you could afford to fly home

You can not afford a consultation with an Immigration Lawyer, but you can afford a trip to the US.

An odd sense of priorities.

A return was bought for me

I'd much rather spend $500 on a plane ticket than WASTE $500 on an immigration lawyer.

Besides, i think it is best to just hand in the GC and start fresh. I'm clearly not with my wife anymore, but want to be able to see friends and family in the US. Plus my reasons in the first place for wanting to go back is becoz i'd much rather live in the US than the UK. Plus there is a bunch of other personal reasons that i'd rather not go into on here. Just the essentials

Just to be nitpicky, but there's no such thing as a 10 year visa. 10 year green card, yes.

lol omg

I just went through the painful experience of reading 4 pages of fairly meaningless posts, until I got tot the last one: JimVaPhoung gave you a $350 response, free of charge.

To this point, I'm not even sure if you are divorced or not, but it doesn't matter much anymore now. Your GC is dead, you are out of the country, you did not submit an I-751 . . . basically, you are now back at square 0, not 1.

Send a letter to USCIS with proof that you left the US before your GC expired. That's all you can do at this point. Next time you'll be entering the US as a tourist. You made so many mistakes along the way that there is no way to revive your LPR status. You can't just do things as important as immigration as carelessly as you did. Sorry.

I'm going to abandon my card doing this ( http://www.usembassy.org.uk/dhs/uscis/abandon.html) then at least this way i can use the VWP in the future. I'm sorry that the 4 pages were painful for you however a few months ago this was a very pressing issue for me and a hard time going through such sh*t with a loved one, but thanks for your input anyway

Essentially, yes. But I'm curious, why did/do you want to remove conditions of your residency if you're back in your home country and have no intention of living in the US beyond 'visiting friends'. You can do that with a tourist visa, or your Visa Waiver privileges (if they still extend to you...not sure there)?

Where you already in the UK when you filed initially without the payment or did you leave after? In essence, by leaving without having removed conditions, or having received the NOA1 (extension letter) you already technically abandoned residency. Perhaps you should look into the procedure to officially turn in your expired green-card. The US consulate in the UK may be able to help you with this process.

good luck,

I did want to remove my conditions so that i would have a 10 year visa so i could live back in USA, but my chances of that are so slim its unreal (marriage broke down, no tax returns, no evidence, it was a legit marriage but we separated so soon after getting the visa). I've decided it will probably be best to just hand in my green card and when i want to visit friends i can just use the VWP. Because if i was to go now to visit friends with nothing but an expired Green card i think they'll send me home. Whereas if i hand it in say look i don;t want to be a resident anymore i just want to visit, i'll be ok for future visits.

I think its better off sending the green card back than just leaving things in limbo you know

I don't know if anyone has anymore thoughts but i think the best thing would be to hand in my card, and start fresh at least that way i could travel, coz if i just leave it and say nothing to the uscis they will ask me at the POE why my card is expired and probably get deported

and then my residency is invalid and i'm just back to being a normal UK citizen. So i can just do nothing, if my card has expired and i'm no longer in the US i'm not on the books anymore so to speak? Or should i go and abandon my residency?

I guess if my card has expired i've kind of abandoned the residency anyway right?

For those that may of read my previous post ( http://www.visajourney.com/forums/index.ph...;#entry3687818) i was in a right pickle! I'm still unsure what to do, i don't know if i should try to apply from here in the uk or just let the removal proceedings begin. My main questions today are... was EXACTLY does removal proceedings entale? Will i be removed (even though i'm in the uk) and lose certain rights? or once removed thats it i'm just like a UK citizen again. Or would it be better for me to just abandon residency and start all over. I would love to keep my permanant status so that i can return to the US to live and work but don't know if its really possible. Maybe it would be better for me to just abandon residence status and apply for a visiting visa so i can just come and see my friends every now and then.

I know this case is a complete headache but any help i much appreciated. I've looked into booking an immigration attorny over here in the UK but i can't afford £500 for a consultation

Your case seems so complicated, i don't even know what to tell you. I will pray for you.

oh it is

I guess after reading all this, all i can do isend what i have along with the fee and just keep my fingers crossed huh

Oh oh that's right

you cannot come back to the US because your card has expired and you don't have a Notice of action showing you have applied for ROC, unless they allow you to come back by using the letter of response that states that you sent the incorrect amount and you can explain them your situation.

yep, but as asked in my letter they have been sending the letters here to the uk, so they understand some what i believe

If what you typed in your letter is correct, then your conditional permanent resident card has expired (01/21/2010) AND you are currently outside of the US. Is that the case?

yes, but i filled before it had expired.

What do you mean your card expires soon? It is expired.

You do realize you're eligible to apply any time 90 days prior to the expiration of your card? You card already expired 2 weeks ago. You will need some serious justification for that.

Sorry your right yes it has expired however i filled before it had expired and i read here in the guides you can file after the expiration date, also on my return letter from them they did not tick the box that said i was out of the time frame. So its not the time thing i'm too worried about.

Were you on the same bank account?

only for credit cards

Look ANYTHING that you can provide to prove your relationship was true you provide. It's as simple as that and schedule an appointment with USCIS, they won't deport you nor judge you nor anything else, and you will get a true answer to your problems.

Besides, it's not that you abandoned your status, you sent your application, incomplete but you have proof that you sent the application within time.

I can't schedule and appointment, i'm not in the US and my card expires soon, i have to wait in the UK or i will get deported at customs. Thanks loads for you responses though, i think i'll just send as much as i can with the fee and keep my fingers crossed!

No one noticed this problem? He is also outside the US..

thankyou! i'm still eligable on the time frame factor just not so much on the being in the US part lol

I've got plenty of pics etc to show it wasn't fraud, hopefully i'll get it

So you have nothing to send in?

No copies of insurance cards, no taxes filed (even though you can get these yourself from IRS), no bills, no bank statements, no pictures?

I'm sure you can get affidavits from your friends and family that it is a marriage entered into in good faith.

Think it through, you must be able to have some paperwork to send in.

I can do pictures, and letters from friends, thats about all i have access too

the only thing i can provide from here is, the form, the fee, letters from friends and photos, anything else i can't get access too. I can't show letters to the house or anything of that sort

and i'm still waiting in the UK, so seeing an officer or anything like that is a no go.

ok, so just in your opinions, what do you think my chances are?

personally i think i stand no chance. the only thing i can send is the form itself and the fee, with no evidence at all. surely thats not good?

Oh and i can't go to my local USCIS office and talk to an immigration officer becoz i'm back in the uk and don't think going through customs in US would be a good idea right now.

I've tried calling 1800 375 5283 but can't seem to actually speak to anyone that can help

I thought as much, so basically, they'll take the money and refuse me. It stated on the form evidence to supply, that included w2's, i've no idea what ROC is?? I'm still within the time frame although i only have a matter of days to return it again. I know i have to follow the process like everyone else, i just wanted them to tell me if i stood a chance. If i can't get her to sign it and i can't supply any evidence along with the form, i didn't want to send $545 for them to just say, you didn't give us any evidence you know?

this is what i wrote to them...

To whom it may concern,

I am filing this I-751 form to remove the conditions of my permanent residency, my spouse has been unwilling to file the petition together and refused to give me notice of when I needed to file the I-751, the expiration date on my card is 01/21/2010. I hope that I am still within the filing time, however if the time has passed I would be very grateful for the late filing to be excused. We both entered the marriage in good faith, however think we may of rushed into it and has resulted in a strain on our relationship over the last year. We are still married and have not mentioned divorce yet however since things have not been too good for our relationship I have been staying with friends of my spouses family and other friends of mine in the United States. In part 2 of the I-751 you will notice I have ticked the box “g”, this is the only box that I could really think would relate to my case, as the other tick boxes do not really apply. My spouse has 2 children from a previous relationship that I love dearly and have become very attached to over the last few years and to not be able to see them along with my friends and family would definitely cause extreme hardship for me. More recently I have flown back to the United Kingdom to spend Christmas time with my immediate family, however wish to return to the United States shortly. Please accept my apologies if I have failed to send other supporting evidence as most of my documents are with my spouse and I do not have access to them. I did not send the fee for the removal of conditions because I did not want to be charged $545 if I was too late in filing, however if I am still within the time frame to file and can have my conditions removed I can send the money and re-apply immediately after hearing back from you. I would be very grateful that your response be sent here at my UK address so that I can deal with the case directly.

I would like to thank you kindly for your consideration in my case and hope it can be resolved for my future back in the United States.

Many Thanks

hi all, i have a difficult case.

I filed my i 751 but did not send the cheque, i know this may seem stupid as to why the returned it, but the reason i did not send the cheque was because my spouse was unwilling to sign it, i don't have access to any w2's and i thought i could be out of the filling time frame. I explained this in a letter and asked if they could simply tell me if i'm still eligable or if these factors will go against me. I even put i did not want to be charged $545 if there was no hope me having my conditions removed.

All i got back was a letter saying the correct fee was not sent. duh i know!

So i'm in the situation... are they telling me YES it will be fine send the $545 and we'll remove your conditions or are they saying YES send us the $545, we'll pocket it and refuse you!?

They could of at least had the decency to write something to accompany the bog standard return note. I really don't want to send the money and be denied. But i don't know if my gut feeling is right. Did they only say the fee wasn't sent to us so if you do re submit you'll be ok?? non of the other boxes were checked on the return form, yet no other information has been provided for me.

Any help would be greatly appreciated

Hey congrats, so happy for you! I was approved today also!! It turned out to be very simple interview!!!!!!!

Nice one, congrats all round then!

Good luck to everyone still waiting, it WILL happen...

Keep your heads up

heheeee! Thankyou!!!

And was approved!!!! I can finally come home!!!!!

Thankyou to ALL vj'ers, without this site i don't think we would of been able to do it...

Now i'm gonna have a celebratory drink!

WOOOHOOO!!!

:dance: :dance:

OMG, the place nearest to me is charging £19.99 for 5 pictures! But i don't really wanna risk it so i better go down there, damm

awesome, thanks guys

So normal UK passport size won't do?