Removal of conditions - a perhaps unique situation and not in a good way

[Nahema]

But lime I've said I'm back in Germany as of yesterday since I didn't want to risk being considered "illegal" since my current green card expires in two days...and my husband is no longer deployed but back in the States since February

[rayb]

You need to apply for the Removal of Conditions while in the States, unless your husband is still deployed outside of the US, in which case you should read the instructions for the I-751 which apply to spouses of U.S. military staff deployed outside the U.S.

Go to: http://www.uscis.gov/i-485

--Ray B

I'm in a pretty terrible situation at the moment. But let's start from the beginning...
I'm a German citizen who got married to an American soldier in 2011 while he was stationed in Germany. In May 2013 we got orders to move to North Carolina. Since we got married in July of 2011 we hadn't been married for 2 complete years yet so I only got the 2-year green card and would have needed to apply for removal of conditions which I did not and here is why:

So we got to the States in May 2011 and by September he had received orders for a one year deployment, starting in February 2014. It was clear to me that I would not stay in the US by myself for the duration of the deployment. So I moved back to Germany and worked at my old job again. February 2015 came around and I was supposed to move back to the States but I somehow couldn't bring myself to get on that stupid plane. I love Germany, the fact that I'm independent here, that I have my friends and family around and that I can have something like career for myself here. In the States I had none of these things, only a husband who I wasn't seeing all too often due to his job. And it's impossible for one person aka my husband to make up for everything I miss in the States. So I did what I thought I had to do and besides that I still loved him, told him I wouldn't return to America. It was heart braking and it tor me apart what was I suppose to do?!?

I ignored the pain the best I could and continued my life here until approx. 3 weeks ago. Out of the blue I couldn't stop crying about the loss of my husband anymore. We hadn't seen each other since his RnR in September 2014. We never talked about it face to face and I felt the need to finally do so. Plus almost all of my belongings are in the States, including important papers and things of high sentimental value to me such as pictures, old diaries and so on. So without thinking too much about it I booked a flight and went to see him. The week I was there I have cried a river and all I wanted was that things had turned out differently and so did he. Yesterday I've returned back to Germany cuz of course I still have obligations here and plus the fact that my green card expires on the 7th of May....so only two days from now and I have not the slightest idea on what to do now. I love my husband and all I care about right now is how we can be together again. I was foolish and scared and made a mistake that I regret bitterly. Can we still somehow get the removal of conditions or would I do the entire visa process over again???

[Nahema]

You need to apply for the Removal of Conditions while in the States, unless your husband is still deployed outside of the US, in which case you should read the instructions for the I-751 which apply to spouses of U.S. military staff deployed outside the U.S.

Go to: http://www.uscis.gov/i-485

--Ray B

But like I've said, I'm back in Germany now (. Didn't want to risk becoming "illegal"

[rayb]

How can you be illegal if you are a German citizen in Germany?

I don't think you understood my last email to you:

1. If your husband is deployed with U.S. military orders outside the U.S., you can apply for Removal of Conditions while in Germany. Read the I-751 instructions, at: http://www.uscis.gov/i-751
I think I mistakenly gave you a link to the I-485 my last response.

2. If your husband has returned to the U.S., and is no longer under military orders to be outside the U.S., you need to return tot he U.S. before your Green Card expires and apply for Removal of Conditions from within the U.S.

-Ray B

But like I've said, I'm back in Germany now (. Didn't want to risk becoming "illegal"

[Nahema]

How can you be illegal if you are a German citizen in Germany?

....

2. If your husband has returned to the U.S., and is no longer under military orders to be outside the U.S., you need to return tot he U.S. before your Green Card expires and apply for Removal of Conditions from within the U.S.

-Ray B

I meant illegal in the US if I had NOT returned to Germany yesterday.
And I can't return to the US before the 7th of May. I have some obilgations here in Germany and can't just leave on such short notice. That's why I've asked for advice in the first place

[rayb]

How can you be illegal if you are a German citizen in Germany?

I don't think you understood my last email to you:

1. If your husband is deployed with U.S. military orders outside the U.S., you can apply for Removal of Conditions while in Germany. Read the I-751 instructions, at: http://www.uscis.gov/i-751
I think I mistakenly gave you a link to the I-485 my last response.

2. If your husband has returned to the U.S., and is no longer under military orders to be outside the U.S., you need to return tot he U.S. before your Green Card expires and apply for Removal of Conditions from within the U.S.

-Ray B

But like I've said, I'm back in Germany now (. Didn't want to risk becoming "illegal"

[rayb]

I understand why you asked for advice in the first place. But it's still not clear whether your husband is based outside of the U.S. or not.

If your husband is deployed outside of the U.S. with U.S. military, you can submit your I-751 package from where you are, outside of the U.S.

If your husband is back in the U.S., you must apply from the U.S. or risk abandoning your Green Card status.

--Ray B

I meant illegal in the US if I had NOT returned to Germany yesterday.
And I can't return to the US before the 7th of May. I have some obilgations here in Germany and can't just leave on such short notice. That's why I've asked for advice in the first place

[Nahema]

Yes, he is back in the US. So since I can't fly to the States before the 7th of May, we are pretty much screwed then I suppose!?

[rayb]

Not necessarily. If you are allowed back in, even after your card has expired, you will be okay and be able to submit a late I-751 package. If you are allowed to board the airplane, it will be a discretionary decision at the Port of Entry to overlook your expired card. Being allowed to board the plane will be the riskiest part.

--Ray B

Yes, he is back in the US. So since I can't fly to the States before the 7th of May, we are pretty much screwed then I suppose!?