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Green card mess

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green11

Member
What is the name of your state? TX

I am from Argentina, and I married a US citizen just over 2 years ago and made the application with him for a green card. I successfully got the 2 year conditional legal permanent resident card.

We made the application for renewal in August, 2007, and when I went back to Argentina for a long visit home, we decided the relationship was not good and decided to get a divorce.

In the mean time, my green card expired on Dec 18, and I basically abandoned the application for the extension. I didn't show up for any of the biometrics and never got the interview set up. We did send in the application and they sent a 1 year temporary exemption, but everything was thrown away because I thought I was never coming back to the US anyway. I no longer have the temp 1yr extension paperwork or the biometrics paperwork.

Now I have met a new man that lives in the US and we are having a long distance relationship. So now I am interesting in coming back to the US to visit him and see if it could lead to marriage.

When I called immigration, they told me that I could not get another copy of the temp extension or the biometrics.

And I am still in the process of divorce, so I may need to come the US to testify in my own divorce trial aside from visiting my new boyfriend.

Would anyone be able to tell me what my options are for returning to US with an exprired green card (I do have a 10 year visa from the US embassy)? Is coming in on a tourist visa possible? How about if I have a trial date, will they let me come for that? Or how about if I try to get a student visa? Anyway to restart the green card extension or refile for it since I let the card expire and abandoned the process?

I am just not sure what options I have.

Thanks!
 


ImmigAttyLana

Senior Member
You can withdraw the pending I-751 application or amend it to show that you are divorced and seeking a waiver of the joint filing (if you are indeed already legally divorced).
 

green11

Member
Thanks for the great reply, ImmigAttyLana.

If I withdraw the application, am I not going to have problems because I am currently outside the US, and my greencard has already expired?

I am not sure how I would finish the application process because I don't have any documents that would allow me to come into the US.

Without being in the US, I wouldn't be able to go to biometrics appointments or any other immigration appointments as part of the application.

Thanks for any and all help!
 

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