stevehorwood

Hello.

I am a Brit, I went to America (Oklahoma) in november 2007. In January 2008 I married an American woman who I had been having a long distance relationship with for 6 years, and we paid an attorney and we got my status changed, and I received my conditional green card in September 2008.
But our marriage fell apart, and then in june 09 I discovered that she planned on meeting up with someone else, and I felt I had no other choice, so I left.
I didn't have any money (we paid both of our wages into our 'joint' account which was really all hers, she controlled the money (which is one of the reasons our marriage fell apart for me)). She paid for my plane ticket to the UK and I left.

I have been back in the Uk since june 09.

I know that if I was still over there, I could, after we divorced, apply to waiver the conditions on my conditional green card.
BUT I am not in the US anymore.

What I want to know is, I want to visit the US again at some point.
What do I do?
DO I wait until my divorce happens and then just go to the States as a visitor, filling out the green visa waiver form on the plane?

Also, secondly, what do I do if in the future I want to stay in the US?
IF for instance I marry again to another US citizen, will it cause problems because I already applied for all of that once and it fell apart?
I'm not saying that that is what I want to do or will do, but I want to know how that would work anyway IF i did meet someone etc.....

I still love the US, and would love to live there again maybe someday.
One of the biggest problems I faced was that I was very much on my own in OKlahoma City, I couldn't find a job I wanted, and was miserable in the one I got, it was low pay, a dull postroom no prospects job, and in the meantime my marriage just wasn't working.
Typically, just as we didn't really discuss things about us being married before we married, we didn't discuss things when it fell apart, we had awful communication problems, and it just finished with bad feelings, which are still there- we don't talk.

I just want some advice as to what I ought to do so that I can at least visit the US again.

I think it's such a shame that I am an honest person, not criminal record etc, and want to be able to live in another country, but the law won't let me and unfortunately my marriage didn't work out for me.

Thanks

Steve

Noorah101

So your current conditional green card is valid until August 2010? If so, I don't see why you can't return to the USA using that card, and file for removal of conditions on your own. Have you guys filed for divorce yet? You can return to the USA using your current GC, file for divorce, and then file for removal of conditions on your own.

If you don't want to continue living in the USA, and you want to abandon your GC, then yes...just get divorced, and then visit the USA on the VWP as a regular tourist.

I don't think this experience will hurt your chances of getting another GC in the future, via marriage to a USC.

Rene

jeffreyhy

sh,

It sounds to me as though you want to give up your present LPR status, and do it in such a way as to preserve your ability to make future visits to the USA and the possibility of becoming an LPR once again under new circumstances.

You could simply write a letter to CIS describing what's happened and relinquishing your status, but you might want to consult with a US immigration attorney first for guidance on how to write the letter in a way that doesn't inadvertantly prejudice your future options.

Regards, JEff

stevehorwood

Hi

No we haven't filed for divorce yet. Neither of us can afford it, though she aims to send papers with a friend who is visiting in November for me to sign.

I don't have the money to even go back there at the moment, am stuck here unemployed.
I kinda figured though that I could go back there any time in the next few months with my card.....which would be handy as I could at least go and pick up some of my stuff that I left at her house, and visit some friends over there....

Noorah101

If your do want to return to the USA using your GC, make sure you do it within 6 months of the time you left the USA (i.e., the end of 2009). If you wait longer than 6 months, you'll get a ton of questions at the POE, and you probably want to avoid that if at all possible.

Rene

stevehorwood

Ok.
So the thing to do otherwise is wait until I am divorced then I can just visit as usual?
I want to visit someone over there in the new year if i have a job by then.

Noorah101

That's correct, and as JEff mentioned, send a notice to USCIS that you are no longer married to a USC and you have abandoned your 2-year conditional green card (not sure if you should mail it back to them or what, though). That way, you have a record of the end of this part of your immigration history, which will be beneificial for your future.

Keep a photocopy of everything you send to USCIS.

Rene

stevehorwood

Ok, thank You

jeffreyhy

sh,

You want to decide for yourself if you want to remain an LPR, for the time being at least, or if you want to relinquish your LPR status and be just a tourist for future visits to the USA. When you've figured that out you need to take the proper steps to make it happen.

If and when you decide to relinquish your status, you need to state it in such a way that you don't inadvertantly cause confusion rather than clarity with regard future visits.

Getting divorced but doing nothing with respect to CIS will not likely result in "visit as usual", it will cause confusion and confusion causes problems.

Regards, JEff

stevehorwood

Ok.
I just want to be a visitor, I have no way of supporting myself over there or even getting back there, I may as well just face my loss, so long as I can visit in the future and have no problems in the future.
I will look into contacting the people you said above.

Archibald_Leach

Just wondering, if the first entry to the USA was on VWP, november 2007, married in Jan 2008, then the AOS .......... whether the fact that there was an (albeit forgiven) overstay would influence whether you could use the VWP again, original poster didnt say how he first arrived .... but i'm just wondering

Folinskyinla

Hi:

If you are sure you desire to abandon US residence, there is a way to do it one the record with filing of an I-407 with the London DHS office -- the procedure can be found here.

If you are not so sure, you can return to the US on your current green card -- you need not go to OK City. Once the divorce is final, you can file the I-751.

But you have to make up your mind first as to what you want to do.

ian-mstm

Whether there's an overstay would depend on whether or not the AOS filing was accepted before any overstay kicked in. Since he received his GC in September that same year, it seems he's okay.

Ian

stevehorwood

Ok, thankyou.

stevehorwood

Ok, as an update on this.
I left the US on june 15th this year.
I am returning (ostensibly to visit a friend for 3 weeks but also to see if I can get work where she lives (Dallas).
I might want to return to the states to live. My ex and I have not divorced yet and don't plan to until next year, and perhaps if I am over there then we will od it there so I can apply to get the conditions removed myself etc.

I am going back december 28th, so that's just over 6 months by a couple of weeks, using my conditional gc.
Am i going to be asked questions when I enter Dallas FW by customs/ immigration?

I can say I was back in the uk sorting out personal stuff and to see family before i returned to live in the States.......