Divorce CR Green Card abroad for 12 months

J

jackdiver

New Member
Hi there

Long story short
I was granted a spouse green card on July 14.
I fell severely sick in the meantime, divorced and back in europe for health treatment in end of sept 14.
I did not do the re entry permit at the time nor apply for the permanent green card,

question : as i plan to return to the us at one point, how and what should I process, anything special ?
or just travel back with my divorce judgment and medical file to explain to Officer if questions asked.
I'm sure the 8/9 months abroad would raise red flags for them.
can i file for permanent residency form abroad, i don't think so
not sure if ex wife is ready to sign forms, it has been a bit if guerrilla mode since
Of course, marriage was genuine, 7 years love story, 1.5 year of marriage.

thanks for your tips or insights
 
jackdiver said:
Hi there

Long story short
I was granted a spouse green card on July 14.
I fell severely sick in the meantime, divorced and back in europe for health treatment in end of sept 14.
I did not do the re entry permit at the time nor apply for the permanent green card,

question : as i plan to return to the us at one point, how and what should I process, anything special ?
or just travel back with my divorce judgment and medical file to explain to Officer if questions asked.
I'm sure the 8/9 months abroad would raise red flags for them.
can i file for permanent residency form abroad, i don't think so
not sure if ex wife is ready to sign forms, it has been a bit if guerrilla mode since
Of course, marriage was genuine, 7 years love story, 1.5 year of marriage.

thanks for your tips or insights
Click to expand...


Are you sure your Green Card isn't conditional on the marriage??? I thought they usually were for the first 2 years!
 
Hi Britsimon
yes it is, but USCIS states that I can file to get a permanent green card, even after divorce as far as the marriage was real.
It s obviously what i 'm going to do but my question is when exactly as I could not file since I have been from hospital to bed for months...


How to Get a Waiver of the Requirement to File a Joint Petition

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

  • Your deportation or removal would result in extreme hardship
  • You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition
  • You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition
Note: Refer to Form I-751 for more specific information on waivers
 
jackdiver said:
Hi Britsimon
yes it is, but USCIS states that I can file to get a permanent green card, even after divorce as far as the marriage was real.
It s obviously what i 'm going to do but my question is when exactly as I could not file since I have been from hospital to bed for months...


How to Get a Waiver of the Requirement to File a Joint Petition

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

  • Your deportation or removal would result in extreme hardship
  • You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition
  • You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition
Note: Refer to Form I-751 for more specific information on waivers
Click to expand...

OK - I don't know much about that - but from what you are saying you were approved for your Green Card and in July - and within a few weeks you were divorced. That is bound to raise some suspicion, I would have thought. I think I would want to take legal advice on the waiver.

About your earlier questions, you can stay out of the USA for up to 12 months without a re-entry permit. You can expect some questioning - but of course your health issues will be a logical explanation.
 
Thank you,

Indeed for the suspicion, could not be more eyebrow raiser, even if this a fully genuine mariage that life took apart, even scammers won't proceed like that, it's too big isn't it ?
yet I have been in and out of the usa, driver license, joint apartment, joint account, insurance, for more than a year, before green card granted...

my question was should I go the embassy abroad, take a lawyer before re entry, to discard the suspicion in anticipation, this is a tricky case I am fully aware.

maybe i'll try to re-enter like this, and explain my situation to 1st officer, then probably 2nd, hopefully supervisor would let me in,
once on US soil again, I would seek legal counsel for the green card processing,
i don't see any wrongful reason to deny me entry,
if anyone has additional insight, thanks, been struggled enough to be kicked out, after all this turmoil already ;-)
 
If your card is active, i.e. expiration not past, you would be admitted unless you are inadmissible.
Removing conditions or other immigration proceedings can be taken care of when you are in the country.
If there's a direct immigration problem, still if you are not inadmissible, you would be paroled in to see
immigration judge.
 
Your marital status probably won't come up on reentry; you don't need to bring it up if not asked. If asked about being away for a few months, just explain the health reasons, and show that you have a home in the U.S., have filed taxes or are in the process of filing taxes, etc. You should file Removal of Conditions by yourself as soon as possible after coming back to the U.S., assuming the divorce is final.
 
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