You do realize that we don't know who you are and don't know what the "medical condition" was that kept you away? Also, your story sounds kinda weak and we are NOT the cynical government agents who expect to be lied to on a daily basis. If you want better and more constructive dialogue then you have to provide more information.
Good day BigJoe5 and Jackolantern, those are more specific details about my case:
I met my future wife on party July, 2004. I came to The USA as an exchange student only to stay for 3 month on J-1 visa. On September, 2004 I left the USA. I came back again on June,2005. We met again stayed together ever since. We moved in together right after the marriage September 16,2005 and lived in the US. With the help of lawers we filed for Green card. On may 2006, I got my conditional Green Card ( I proved on the interview with immigration officer that my marriage is Bona fide), and on September 2006 I went to University to get my Bachelor’s. I successfully graduated on May 2008 and got my LPR. After graduation I went to my home country to visit my parents and relatives. There I decided to run a few medical tests and had my body fully inspected by doctors, and I was diagnosed with stomach polyps, which should be surgically removed. Doctor told me that I have only a few of them, but they can multiply in time. I went to the USA, thinking that could be done there by any gastroenterologist. I did market research and found out that to remove one polyp without insurance would cost me around 750$-1500. Insurance that would cover my medical expenses would be 250 a month. We didn’t have those kind of money to cover not only medical bills but also try to live on my wife’s salary 25,000$, plus we need to pay for my college credit. Whole year I was struggling to find a job. But because of the recession I couldn’t . I worked at local marketing company, selling door-to-door Verizon Fios service. It was only commissions based. Then I worked as a waiter in a local bar. That wasn’t helping to get all our expenses covered and to start necessary treatment. We decided that being healthy is priority number one, especially when polyps could lead to stomach cancer and that would be much worse than polyps. I knew that in my home country medical system provide free treatment, and we decided that I should come to Belarus and have my polyps removed. Unfortunately I didn’t know how long would it take and how many polyps I have in stomach. As only one polyp is removed during operation, and subsequent operations go after 3 month from the previous one. In august 2009 I left the USA.
I came to Belarus and immediately started the treatment.
Days of operations:
1. 2009.09.16
2. 2009.11.24
3. 2010.02.23
On april 2010, I’ve contacted US consular in Moscow, it was roughly 8 month after I left the USA:
Good morning Sir/Madam:
My name is XXXXX and I'm currently US residence permanent
card holder. I've been out of the USA since August 2009. Could you
please tell me how can i get an extension and what are the reasons to
get it? I'm afraid that being out of the USA for that long will cause
problems with customs authorities while reentering the country.
Thank you.
And the answer I got was:
Permanent resident aliens who are unable to return to the United States
within the travel validity period of their "Green Card'', or the Reentry
Permit, may apply to the nearest U.S. consular office for a special
immigrant Returning Resident (SB-1) visa. To qualify for such status
aliens must show:
That they were lawful permanent residents when they departed the United
States. -- That when they departed they intended to return to the United
States and have maintained this intent: -- That they are returning from
a temporary visit abroad and, if the stay was protracted, that it was
caused by reasons beyond their control and for which they were not
responsible.
1. To start the process you have to submit form DS-117
(http://travel.state.gov/visa/frvi/forms/forms_1342.html) with your
green card and supporting documents showing that you lost the status
under circumstances out of your control. You can send them by mail or
leave on the 212g box, at North Gate at Malyy Konyushkovskiy Pereulok.
Note! All items in the form DS-117 should be filled in.
2. After consular officer reviews the documents, you will be invited for
an interview. At the moment of the interview you will have to pay $400.
If Consular Officer approves the DS-117 application, you will be
invited for an immigrant visa interview. The date will be set up after
the 1st returning resident interview with a Consular Officer.
So thinking, I lost the status already and that in order to get back to the US I need to file Sb-1, I decided to continue treatment.
4. 2010.05.13
5. 2010.07.28
6. 2010.11.26
7. 2011.01.27
8. 2011.04.06
9. 2011.07.12
10. 2011.09.28
11. 2011.12.07
As far as my relationship with wife concerns: first two years were really hard for our relations,cause it’s really hard to maintain them in a distance. We didn’t even talk for a few month straight. We used SKYPE most of the time.
At the end of 2011 I Had my last surgery, and I knew that I might come home next year somewhere in may. But in February, 2012 I had abscess of the pilonidial cyst, which was removed, and subsequent operations was scheduled on May, 10. Those operations are not painful, but after a surgery you are unable to sit for a while.
After I undergone surgery I immediately set the date for embassy interview.
So at the embassy I met wonderful consular employee who denied my case on the grounds that my reasons for me to stay outside US where not compelling enough. Although I showed her a letter from US embassy stating that in order to get back to the states I need to file sb-1, and I tried to explain her. I couldn’t receive necessary treatment in the US, so I need all the time to get back and forth between 2 countries. So a few questions arise here:
1. That was a mid of recession, and I could not find any job in the US, so who would pay to get my treatment, cause we, my wife and I, could not afford it?
2. Flying back and forth is not the way out, cause it’s not only uncomfortable but very costly.
3. Received an official response from US embassy, that in order to get the US I need to apply for SB-1 visa, I thought anyway I would need SB-1 to get home whether on April 2010, or in June 2012. And I decided to continue my treatment.
So what I have right now. My marriage is falling apart and my wife doesn’t talk to me. Sb-1 denied. I really want to come home, but I don’t know how. PLEASE help.
Thank you