Wife abandoned in foreign country, need serious help please!

[Transborderwife 4,666]

Something to consider: Spain has a pre clearance airport. You may not even get out of Spain. I highly recommend at least consulting an immigration lawyer

Edited July 27, 2015 by Transborderwife

[Rebuilt 9]

Something to consider: Spain has a pre clearance airport. You may not even get out of Spain. I highly recommend at least consulting an immigration lawyer

I had no idea. What is a pre-clearance airport? Any time I traveled before with my GC was in company of my husband, and since he was a military member there never was any problem

[Transborderwife 4,666]

Pre clearance means you go through customs in your home country. Without even leaving the country. I believe that the airport in Madrid has it.

[Sandra G. 5,047]

To save your marriage with a scumbag like him it doesn't make sense at all,at least not for me, maybe cause I consider my life worth it.

[Rebuilt 9]

To save your marriage with a scumbag like him it doesn't make sense at all,at least not for me, maybe cause I consider my life worth it.

You´re absolutely right, but this is also about my GC, and the way to get it back.

[aaron2020 11,651]

Hi,

DO NOT USE PRE-CLEARANCE. If it's determined that you abandoned your LPR status, then you will be stuck in Spain.

If you clear CBP in the US, they have no choice but to either let you in as an LPR or parole you in and refer you to the immigration court. The burden of proof that you abandoned your status is on CBP, not you. You do not need to prove that you did not abandoned your status. CBP has the burden of proof that you did abandoned your status.

Your husband fraudulently filing US tax returns for you cuts both ways. It's bad that he fraudulently filed a joint return without your knowledge. It's good that there is a record of you filing US tax returns as an LPR abroad to show no intent to abandon your status.

Get on a plane to the US. Get inside the US. Then address the fraudulent tax issues.

Best of luck

[Hypnos 6,576]

CBP do not have the authority to revoke a green card based upon abandonment. They can ask someone to voluntarily surrender their green card, but if they refuse then all they can do is refer them to immigration court, which it seems is what the OP wants to happen anyway. After five years abroad there is literally no chance of keeping it, but there you go. The OP would likely be paroled into the US (i.e. not admitted as an LPR) until her master hearing in front of an immigration judge. It would be a futile exercise, and a waste of everyone's time, but a green card holder is entitled to that hearing by law.

[aaron2020 11,651]

CBP do not have the authority to revoke a green card based upon abandonment. They can ask someone to voluntarily surrender their green card, but if they refuse then all they can do is refer them to immigration court, which it seems is what the OP wants to happen anyway. After five years abroad there is literally no chance of keeping it, but there you go. The OP would likely be paroled into the US (i.e. not admitted as an LPR) until her master hearing in front of an immigration judge. It would be a futile exercise, and a waste of everyone's time, but a green card holder is entitled to that hearing by law.

You say futile. I say there is always a chance. Neither of us have a crystal ball, and it's up to the OP to determine if she wants to take the opportunity to defend her LPR status.

The burden is on the US Government to prove she abandoned her status; it's not hers to prove she did not. CBP does not have the authority to revoke her LPR status. CBP either lets her in as an LPR or parole her in and refer her to the immigration court where the burden of proof is on the government.

If she flies to the US, she will be let in.

[Hypnos 6,576]

After a year outside the US the presumption is that the alien has abandoned their LPR status. They would need to prove why this presumption is incorrect.

If we were talking 18 months or maybe even two years then I would say go for it, that there might be a way to make a case for non-abandonment. After five years though? Not going to happen, unless you were in a coma for four and a half of those.

Edited July 27, 2015 by Hypnos

[aaron2020 11,651]

After a year outside the US the presumption is that the alien has abandoned their LPR status. They would need to prove why this presumption is incorrect.

If we were talking 18 months or maybe even two years then I would say go for it, that there might be a way to make a case for non-abandonment. After five years though? Not going to happen, unless you were in a coma for four and a half of those.

You don't have a crystal ball. You don't know it's "not going to happen" for 100%.

Her LPR status is presumed valid until terminated by an immigration judge.

Furthermore, the burden is on the US government to prove the case. It's not hers. The presumption is all fine and dandy, but it's rebuttable.

Edited July 27, 2015 by aaron2020

[Hypnos 6,576]

You're right, it's not 100% - but it's probably as close as makes no difference.

Put it another way - if every LPR could take five year trips abroad then the law regarding abandonment would essentially become meaningless.

It sounds like the OP has a lot on her plate. She got in a shitty situation with a shitty person, and while I sympathise with her, family-based green cards are for the purpose of family unification. Since divorce is (presumably) around the corner, there will not be any family left to reconcile. Her time would be better spent extricating her toxic husband from her life and moving on, rather than fighting an almost insurmountable battle that will be (i) costly, (ii) time-consuming, and (iii) likely to end in failure. It's absolutely her decision though.

[belinda63 3,038]

If she is determined to return to the US and it sounds like she is then she needs to be aware of what might happen. I say might because I have no crystal ball and our court system is not predictable.

If she makes it to the US and is stopped regarding abandonment of her green card and she refuses to leave the US she will be given a court date. Depending on how she answers and how the answers are verified questions such as how much money do you have, where will you be staying, who will you be staying with, how will you get to court, she may or may not be detained. She may or may not have to post a bond.

Burden of proof out the window. All that has to be shown is she has been outside the US for more than five years. This is enough proof to support abandonment of the green card. Add to that no home address in the US, no records in the US except possibly tax filings, no relatives in the US except a spouse whom she can't even contact. Case proven. What can she use as proof she never intended to abandon her green card? I am married to a veteran and I didn't know.

Sounds like wasted plane fare to me.

Edited July 27, 2015 by belinda63

[Rebuilt 9]

Aaron, it seems that we see eye to eye on this.

I had the statements of the joint bank account my husband opened before he left (until he closed it). The bank must also have proof of the date I registered for said account (around mid May, thus showing that I never took a dime from my husband until finding out about his infidelity). I have his previous and current address. I have all our chat conversations on Facebook, until he decided also to deactivate his account. I have proof of his cheating (his stupid paramour is constantly posting pictures of them two pathetic lovebirds together). I have her threatening messages, to which I never replied.

I have been a victim of this narcissistic sociopath for the past years and I´m just now realizing about it. Plus the fact that his own mother (before anybody knew about my GC status) sound quite scared about my idea of going there, gives me even more reasons to go. Hell yes I insulted him the very night I found out about him cheating on me, on the other hand, how does a wife go through one year worth of conversations full of love and support (proven by our chats, there never was a fight between us) to sudden insults???

What I mean with this is, there were always an intent on my part of coming back.

I also could have the testimony of his friend and roommate. They took a bigger apartment so I could join my husband.

If there´s a slight possibility that I might have a case, I´m willing to prove it.

Edited July 27, 2015 by Juani

[belinda63 3,038]

Aaron, it seems that we see eye to eye on this.

I had the statements of the joint bank account my husband opened before he left (until he closed it)this would be proof, contact the bank and get copies of the monthly statements.The bank must also have proof of the date I registered for said account (around mid May,

thus showing that I never took a dime from my husband until finding out about his infidelity). I have his previous and current address. I have all our chat conversations on Facebook, until he decided also to deactivate his account. I have proof of his cheating (his stupid paramour is constantly posting pictures of them two pathetic lovebirds together). I have her threatening messages, to which I never replied. All of this is totally irrelevant to your maintaining your residency.

I have been a victim of this narcissistic sociopath for the past years and I´m just now realizing about it. Plus the fact that his own mother (before anybody knew about my GC status) sound quite scared about my idea of going there, gives me even more reasons to go. Hell yes I insulted him the very night I found out about him cheating on me, on the other hand, how does a wife go through one year worth of conversations full of love and support (proven by our chats, there never was a fight between us) to sudden insults??? Totally irrelevant

What I mean with this is, there were always an intent on my part of coming back. What do you have to prove this other than your word?

I also could have the testimony of his friend and roommate. They took a bigger apartment so I could join my husband. Can you get a notarized statement from him?

If there´s a slight possibility that I might have a case, I´m willing to prove it. Again, what hard proof do you have?

[Rebuilt 9]

Yes Belinda, I might be able to get a statement from our friend. I´ll even have the immigration officers calling him on the phone.