Conditional GC, stolen by my Husband expired while abroad !! help!

[Perle]

Hello everyone,
I'm new in this forum, I have a question please I really need an adequate answer from you folks.
I'm from Morocco married to a US citizen originally from Morocco, He used to abuse me since we were in USA, but everything becomes ok after having a baby, But last July we came to spend 1 month for holiday he stole all my documents such as: passport, conditional green card, ssc, my child passport and his birth certificate and other documents he found in my purse.

Now my green card expired while I'm stuck in Morocco. and it beyond of my control i contacted the embassy they told me to bring a new passport before the expiration date of my GC. but unfortunately i couldn't get a new one because of holidays.

I tried to contact the congressman of the state i was residing in as well. and many lawyers.
But I'm afraid if I got a new passport can I still get the CR1 visa and re-enter the US ?

I Knew today my husband is looking for I-407 form I don't know if he could file it to abandon my GC?? Also he emailed the embassy to suspend the sponsorship !!

Please tell me how can I re-enter USA before he steal my son and go without me.

 

[Jackolantern]

1. File a police report for the stolen items. They might be able to retrieve some of them for you, and you'll need the police report when you visit the US embassy. If your husband has your son with him, let the police know that and ask them to stop him from taking your son outside Morocco without your permission.

2. File I-751 to remove conditions (send it by private courier such as Fedex/UPS/DHL), with a waiver request based on abuse (see http://www.nolo.com/legal-encyclopedia/filling-out-form-i-751-with-waiver-based-abuse-battering.html). You may need help from a US-based lawyer for this. Include a copy of the police report about him stealing your documents.

3. Apply for another passport.

4. Bring the police report, new passport, and I-751 receipt to the US embassy and apply for a Transportation Letter. That letter will allow you a one-time entry to the US.

Your husband can't file I-407. Only you can sign it, and it must be submitted personally by you for it to take effect.

 

[Perle]

Thank you for your answer and the information you gave me,

How about filing the DS-117, shall I file it too or I only need to file the I-751 form even if i'm outside of the USA.
Thank you in advance,

 

[Jackolantern]

You don't need the DS-117 (Returning Resident Visa application) if you've been outside the US for less than a year.

 

[Perle]

You don't need the DS-117 (Returning Resident Visa application) if you've been outside the US for less than a year.

Ok that's great. My husband said today he will file the form for me when he goes to USA, but I'm not sure if he's saying the truth or he's trying to waste my time, If I waited for another 2 months until he goes and do it, is it going to hurt the case and make it harder ? or it's going to be same thing?
I will be 6 months or more outside of USA with an expired GC,
Am I going to be eligible to do the steps you told me about?

Im really sorry and thank you for your help again!

 

[Jackolantern]

Ok that's great. My husband said today he will file the form for me when he goes to USA,

File what for you? He can't file I-407 for you; the green card holder has to submit it in person and be questioned over it by a consular officer or border agent, or it will be ignored.

I will be 6 months or more outside of USA with an expired GC,
Am I going to be eligible to do the steps you told me about?

Yes.

 

[Perle]

File what for you? He can't file I-407 for you; the green card holder has to submit it in person and be questioned over it by a consular officer or border agent, or it will be ignored.


Yes.

No he said he will remove the conditions for me when he is there and file the I-751, in the US embassy they told him to go the USCIS. to remove the conditions on my green card

is this true; can he do it ?

 

[Jackolantern]

No he said he will remove the conditions for me when he is there and file the I-751, in the US embassy they told him to go the USCIS. to remove the conditions on my green card

He is the USC spouse so he can't file the I-751 by himself; you also have to sign it. But you have the option to file the I-751 by yourself with a waiver request based on abuse (as mentioned in post #2).

He stole your green card and passport, so you obviously can't trust him to submit the I-751. If you somehow get him to sign it, you'll need to send it to USCIS yourself to make sure it gets there. That can be done from outside the US via private courier such as Fedex/DHL/UPS. Make sure to specify an address that he doesn't have access to.

Your I-751 is already late. If you can't get it signed by him and sent ASAP, send one by yourself with the waiver request. The longer you wait the lower your chances.

 

[Perle]

He is the USC spouse so he can't file the I-751 by himself; you also have to sign it. But you have the option to file the I-751 by yourself with a waiver request based on abuse (as mentioned in post #2).

He stole your green card and passport, so you obviously can't trust him to submit the I-751. If you somehow get him to sign it, you'll need to send it to USCIS yourself to make sure it gets there. That can be done from outside the US via private courier such as Fedex/DHL/UPS. Make sure to specify an address that he doesn't have access to.

Your I-751 is already late. If you can't get it signed by him and sent ASAP, send one by yourself with the waiver request. The longer you wait the lower your chances.

Yes your answer is really clear and sufficient for me thank you so much.
My last questions are :
what shall I join with form I-751 when sending it by Fedex?
I must pay the fees even if with I'm filing the waiver?
can I put a Moroccan address or I must specify an address in the US.?

 

[Jackolantern]

what shall I join with form I-751 when sending it by Fedex?

See the I-751 instructions. A copy of your green card is required. If you don't have a copy of it, send a letter explaining that the card was stolen by your husband and include a copy of the police report.

I must pay the fees even if with I'm filing the waiver?

Yes. But you can apply for a fee waiver. However since you're already late with filing it and will be hoping for their favorable discretion both for the late application and the waiver based on abuse, pay the fee if you can, so you won't need to beg another thing from them.

can I put a Moroccan address or I must specify an address in the US.?

You need to specify a US address on the I-751.

 

[Perle]

Thank you sir.
How can I pay them will they accept the Moroccan check ? or it must be an American? or can I put the fee as cash inside the envelope?
i'm really sorry for those many questions i asked.

 

[Jackolantern]

Don't send cash or Moroccan check. Get an international money order denominated in US dollars and drawn on a US bank. Once you explain to the bank that you'll use it to pay a US government fee, they'll understand what type of money order to give you.