Conditional Green Card. Recently divorced. Want to go back to US to study/ work. Possible?? or not?

[Neets]

I am very unfortunate because in spite of trying hard to keep the marriage, I failed because my US citizen spouse wanted to end it.
Got married in Feb'2012. Marriage never consummated. Went to US to join spouse in April'13 after getting CR1 Visa. Later got Green card and SSN. But, due to constant misunderstandings and emotional abuse by both spouse and in-laws, marriage had issues. Husband filed for divorce and I was made to leave his home. Stayed in US for another 1 month after divorce petition was given trying to find some job, study option and a lawyer. However, due to limited funds, couldn't afford a lawyer. Jobs were also tough to find and didn't have the transcripts to apply in any study course.
Finally disappointed, came back to home country. Still trying to cope with the pain of a failed marriage and want to ask these questions:-

- If I plan to go to US now, would it be wise to go for job or for study?

- How many chances are there that I will be deported back- supposing my spouse would have started the process to cancel my green card?

- Marriage was in good faith and I have photos and e-mails to prove that, however, it just didn't work out because it was never consummated. Would this be fine to seek a waiver to remove conditions on my green card later on?

- I have not been given any money or gift by my husband that he can prove to the USCIS and frame a case of cheating on me- instead I have been cheated thoroughly.

Please help with replies.

 

[ananga73]

Sorry about the dissolution of your marriage. Divorce is hardly ever a pleasant experience. My answers are in bold below.

- If I plan to go to US now, would it be wise to go for job or for study? Job is the better choice. It will be tough getting a students visa because you showed prior immigration intent through the green card process

- How many chances are there that I will be deported back- supposing my spouse would have started the process to cancel my green card?Since your marriage never consummated you have no chance. It is an absolutely necessary condition for bona fides. Anyway unless you can prove there was abuse and thus self petition for the I-751 under VAWA, you will be illegal and ultimately deported when you come back IF he has notified USCIS of the dissolution of the marriage. Even if he has not notified them, you will have to file for i-751 next year and they will find out. Altogether your chances of resurrecting your green card are slim to none and last time I checked, Slim was riding out of town

- Marriage was in good faith and I have photos and e-mails to prove that, however, it just didn't work out because it was never consummated. Would this be fine to seek a waiver to remove conditions on my green card later on?

- I have not been given any money or gift by my husband that he can prove to the USCIS and frame a case of cheating on me- instead I have been cheated thoroughly.

Please help with replies.

 

[Jackolantern]

You were married for less than 6 months, and lived together for less than 3 months. That and the other facts you've described pretty much dooms your case ... you'll probably be able to use the green card to reenter the US this year, since USCIS won't immediately revoke the card when notified of the divorce. But your chances of getting a successful waiver when your existing card expires are very very small.

However, if you voluntarily and officially surrender the card before it expires by handing it to a US consulate in your country with form I-407, that would make it easier for you to get a student visa or tourist visa in the future.

 

[newacct]

How long have you been out of the U.S.? If you have been out of the U.S. for more than a year, you have pretty much abandoned your green card. Even 6 months - 1 year will lead to questions of whether you maintained residence.

What you should have done is filed for Removal of Conditions immediately after the divorce was final. You need to prove that the original marriage was bona fide.

Your spouse cannot "cancel your green card". The government technically can revoke it, since the marriage has ended; but it's unlikely. That's why it's important to file for ROC as soon as possible after divorce.

 

[Jackolantern]

How long have you been out of the U.S.?

OP hasn't been outside the US for very long, assuming "April'13" means April 2013, not the 13th of April 2012.

Got married in Feb'2012. Went to US to join spouse in April'13 after getting CR1 Visa. Later got Green card and SSN. But, due to constant misunderstandings and emotional abuse by both spouse and in-laws, marriage had issues. Husband filed for divorce and I was made to leave his home. Stayed in US for another 1 month after divorce petition...

 

[ananga73]

All these points are moot. Per her own admission the marriage was never consummated. There is nothing she can do about the green card. It is dead dead dead and cannot be resurrected!

 

[newacct]

All these points are moot. Per her own admission the marriage was never consummated. There is nothing she can do about the green card. It is dead dead dead and cannot be resurrected!

Does a marriage have to be "consummated" to be "bona fide"?

 

[ananga73]

Consummation of a marriage is basically defined as having a sexual relationship or sexual intercourse during the marital relationship and for immigration purposes it is an important factor in determining the bona fide of a relationship. However, under the Matter of Peterson, 12 I&N Dec. 663 (BIA 1968), a marriage validity is not determined by consummation. In this case, the court agreed on the validity of the marriage of an elderly couple who lived together but did not have sexual intercourse. Note that this was for an elderly couple where stereotypically intercourse is not considered a cornerstone of marriage

Problems Dealing with the authorities

Although in Peterson, it was determined that ‘non-intercourse’ should not result in the denial of a marriage petition, many times the USCIS or the State Department will take the position that non-intercourse is equivalent to a marriage not being bona fide. Bona fide in simple terms means in good faith and for immigration purposes means was not entered to circumvent immigration laws. Not consuming a marriage can actually be considered as a factor in determining that the couple entered into a marriage solely to evade immigration laws.

Does a marriage have to be "consummated" to be "bona fide"?