returning resident

[Jlgarcia 1]

Hello everyone. It's been a while since I posted here and now I am back with some concerns and it would be nice if someone in here can share or give feedbacks to me.

I went to US with an 1R visa last Oct.20, unfortunately me and my hubby didn't go along well. I felt uncomfortable being with him, maybe because it took us 5 long years to see each other in other words we were in a long distance relationship. After a month I decided to go back here in the Phi telling him that I need space for a while, and once that I figure out myself I will go back to US. But he did not like my idea, he wants me to stay in the US to work out things. I keep on telling him to just let me be because I was traumatized by one of our fights when he wants me to get of the place where we stay and find a place of my own knowing I have no family there except him, he even refused to help me find a job. So as a result, and out of my fear I decided to go back in the Phil.

Now the question is, when I went back to PI I didn't know that my green card has already delivered to my address in the US, I found it out just lately that it was delivered last Nov. 22 and I went back here Nov. 24 so in other words, my hubby kept my green card already without telling it to me. After a week of stay here in PI he said that he surrendered my green card to the Immigration and telling them that i abandoned and has no intention of coming back. I have been staying here in PI for 2 months and 1 week already and I believed I can still enter the US since my temporary visa is up to 6 months to 1 yr depending on the reason why i left the US.

If it's true that my hubby returned my green card, can I still go back and enter the US since my temporary visa is not yet expired? How will I know if my green card was truly returned to Immigration, is there any site or contact number I can call for information? Would my permanent resident get affected if I enter the US again, but don't want to stay with my husband anymore?

Any info that you can give me will be a big help.. Thank you so much

[Greenbaum 12,259]

Hello everyone. It's been a while since I posted here and now I am back with some concerns and it would be nice if someone in here can share or give feedbacks to me.

I went to US with an 1R visa last Oct.20, unfortunately me and my hubby didn't go along well. I felt uncomfortable being with him, maybe because it took us 5 long years to see each other in other words we were in a long distance relationship. After a month I decided to go back here in the Phi telling him that I need space for a while, and once that I figure out myself I will go back to US. But he did not like my idea, he wants me to stay in the US to work out things. I keep on telling him to just let me be because I was traumatized by one of our fights when he wants me to get of the place where we stay and find a place of my own knowing I have no family there except him, he even refused to help me find a job. So as a result, and out of my fear I decided to go back in the Phil.

Now the question is, when I went back to PI I didn't know that my green card has already delivered to my address in the US, I found it out just lately that it was delivered last Nov. 22 and I went back here Nov. 24 so in other words, my hubby kept my green card already without telling it to me. After a week of stay here in PI he said that he surrendered my green card to the Immigration and telling them that i abandoned and has no intention of coming back. I have been staying here in PI for 2 months and 1 week already and I believed I can still enter the US since my temporary visa is up to 6 months to 1 yr depending on the reason why i left the US.

If it's true that my hubby returned my green card, can I still go back and enter the US since my temporary visa is not yet expired? How will I know if my green card was truly returned to Immigration, is there any site or contact number I can call for information? Would my permanent resident get affected if I enter the US again, but don't want to stay with my husband anymore?

Any info that you can give me will be a big help.. Thank you so much

IMHO I recommend you contact the USEM in Manila and schedule an appointment to discover just what is in the database for you and what USEM says your options are.

[aaron2020 11,651]

Hello everyone. It's been a while since I posted here and now I am back with some concerns and it would be nice if someone in here can share or give feedbacks to me.

I went to US with an 1R visa last Oct.20, unfortunately me and my hubby didn't go along well. I felt uncomfortable being with him, maybe because it took us 5 long years to see each other in other words we were in a long distance relationship. After a month I decided to go back here in the Phi telling him that I need space for a while, and once that I figure out myself I will go back to US. But he did not like my idea, he wants me to stay in the US to work out things. I keep on telling him to just let me be because I was traumatized by one of our fights when he wants me to get of the place where we stay and find a place of my own knowing I have no family there except him, he even refused to help me find a job. So as a result, and out of my fear I decided to go back in the Phil.

Now the question is, when I went back to PI I didn't know that my green card has already delivered to my address in the US, I found it out just lately that it was delivered last Nov. 22 and I went back here Nov. 24 so in other words, my hubby kept my green card already without telling it to me. After a week of stay here in PI he said that he surrendered my green card to the Immigration and telling them that i abandoned and has no intention of coming back. I have been staying here in PI for 2 months and 1 week already and I believed I can still enter the US since my temporary visa is up to 6 months to 1 yr depending on the reason why i left the US.

If it's true that my hubby returned my green card, can I still go back and enter the US since my temporary visa is not yet expired? How will I know if my green card was truly returned to Immigration, is there any site or contact number I can call for information? Would my permanent resident get affected if I enter the US again, but don't want to stay with my husband anymore?

Any info that you can give me will be a big help.. Thank you so much

DO NOT GO BACK TO THE US EMBASSY. They can not help you. They can create problems for you.

Your husband can return the physical green card, but that does not end your status. Only an immigration judge can terminate your LPR status.

Use the I-551 stamp in your passport to return to the US. It's a 1 year temporary green card from the day you entered the US on the IR1 visa. CBP can not refuse you entry. You may be referred to an immigration judge down the line. Once you are in the US, you have a better chance of protecting yourself.

Since your husband refuses to help you, you will be in your own for paying for housing and getting a job. Don't expect him to pay for anything. You will need money to survive here.

Since you have a regular green card, you NEVER need to prove a bona fide marriage. You are good to live in the US as an LPR on your own.

Check to see if your husband filed for divorce.

Edited January 31, 2015 by aaron2020

[dhlunar 25]

In order to abandon permanent resident status you need to file I-407. If your husband filed a I-407 for you without your knowledge then that is consider fraud, since you are required to sign the form. Another option is requesting information from your immigration file under the Freedom of Information Act.

[Hank_ 9,174]

It is possible to contact USCIS in Manila and get the answers you need.

http://www.uscis.gov/about-us/find-uscis-office/international-offices/philippines-manila-field-office

[Jlgarcia 1]

Thank you guys for your quick response. I appreciate it so much.

I know calling or setting up an appointment to USEM can create a problem for me, that is why I am having a second thought for that. My plan is just to fly back to US not later than April of this year since I have a 1yr temporary visa stamped on my passport. Yes, I have read that in order for me to abandon my residency, I need to file I-407 and it requires my signature, so If husband is telling me that he returned the green card to the USCIS then he falsificate my signature and it is considered as fraud.

I just wanna make sure that if I enter the US this April is that they will not question my eligibility that will prevent me from entering the country. i have friends that already offered help that I go back they will let me stay in their home until I find a job. They want me to go back for my daughter's future because If I stay here inPI then I cannot file for a child support.

It is possible to contact USCIS in Manila and get the answers you need.

http://www.uscis.gov/about-us/find-uscis-office/international-offices/philippines-manila-field-office

Thanks Hank for the info

[Hank_ 9,174]

Thank you guys for your quick response. I appreciate it so much.

I know calling or setting up an appointment to USEM can create a problem for me, that is why I am having a second thought for that. My plan is just to fly back to US not later than April of this year since I have a 1yr temporary visa stamped on my passport. Yes, I have read that in order for me to abandon my residency, I need to file I-407 and it requires my signature, so If husband is telling me that he returned the green card to the USCIS then he falsificate my signature and it is considered as fraud.

I just wanna make sure that if I enter the US this April is that they will not question my eligibility that will prevent me from entering the country. i have friends that already offered help that I go back they will let me stay in their home until I find a job. They want me to go back for my daughter's future because If I stay here inPI then I cannot file for a child support.

Thanks Hank for the info

You need to contact USCIS in Manila not USEM. I posted you a link above.

[Jlgarcia 1]

You need to contact USCIS in Manila not USEM. I posted you a link above.

Yes, Hank, I got the link and I am checking the website right now, should I search under Virtual Reading Room Documents Search

Thanks again..

[aaron2020 11,651]

I would not check with anyone.

You do not have a 1 year temporary visa. You have a 1 year temporary green card (I-551).

Get in the plane and go. CBP can not revoke your green card. You will be allowed in. If your husband's actions created problems for you, you will be allowed to enter, live your life, and months later appear before an immigration judge.

Going to USCIS or the US Embassy will do nothing but cause you problems.

[aaron2020 11,651]

You need to contact USCIS in Manila not USEM. I posted you a link above.

Why does she need to contact USCIS?

Does she not have a valid I-551 (green card)? Her husband can not take it away once it's granted.

What possible info or help could she get that allows her back?

[Hank_ 9,174]

What harm is there in calling?

[aaron2020 11,651]

What harm is there in calling?

What benefit is there in calling?

With an I-551, I would rather take my chance at the POE than potentially have a problem with USCIS and be flagged and not being able to get on the plane and be stuck in the PI.

An LPR with a status problem is better off defending that status from inside the US versus defending it from abroad.

Edited January 31, 2015 by aaron2020

[Jlgarcia 1]

I appreciate all your info's /suggestion.. The reason why I want to go back in the US is for my daughter, I cannot file nor ask for a child support if I am here in PI. The father is not giving her what is right for her. I am not after what I can get from the father, If I am still entitled to go back in, then good for me. I file a child support in the due time if not granted the its ok I can work. But the chance for a better future for me and my daughter, I think, is if I go back to US.

You guys have been giving a lot of help by sharing your info or knowledge with us seeker here.. I thank you for that, but I am aiming for the best possible solution for my case, I have a time table to beat If I don't go back on or before May, then I know there are chances that I might not granted for re-entry. Is there anyone who entered the state without the permanent resident card with you, just the stamped on your passport? Did the immigration at the POE questioned you? In my scenario, I did not file the I-407 form for the abandonment of residency then, is that mean I am safe to go back and just request for a replacement of my green card. I hope I am making any sense here, or maybe my explanation is confusing to you guys. Pls. let me know

I would not check with anyone.

You do not have a 1 year temporary visa. You have a 1 year temporary green card (I-551).

Get in the plane and go. CBP can not revoke your green card. You will be allowed in. If your husband's actions created problems for you, you will be allowed to enter, live your life, and months later appear before an immigration judge.

Going to USCIS or the US Embassy will do nothing but cause you problems.

Yes, you are correct Aaron I stand corrected If i said it wrong. I do have a 1 year temporary green card and it is being stamped on my passport. I am under IR-1 visa category.

[Hank_ 9,174]

OP started the topic with questions, USCIS is the logical place to get answers...

No matter what she will have to get in contact with USCIS at some point.

[aaron2020 11,651]

OP started the topic with questions, USCIS is the logical place to get answers...

No matter what she will have to get in contact with USCIS at some point.

Agree that she has to contact them. But it's just better for her to defend her status in the US than abroad.

You are arguing that she should contact USCIS in the PI without elaborating on the benefits of doing so. I've listed a con.

Please state what would be the benefit to contacting USCIS in the PI since you advised her to do that instead of just flying to the US? Please back up your advice.