Wife abandoned in foreign country, need serious help please!

[belinda63 3,038]

You seem to be a little naïve about this. Immigration isn't going to do anything for you. It is up to you to do this for yourself.

So you enter the US and are paroled in. They call your spouse's roommate to see if you will be staying there and he says, yeah we have a two bedroom place but she is not welcome here. Or no, he no longer lives here. Or yeah, him and his girlfriend live here. How will that help your case that you never intended to abandon your green card?

Edited July 27, 2015 by belinda63

[Boiler 45,486]

I agree it sounds a very long shot.

But if the OP wants to role the dice and understands what she is getting into so be it.

Basically an investment of time and money. The airfare is not the big cost, the lawyer is. Very few who you want to use on a case like this and I can not imagine it would come cheap.

I would have at least a consult before going further.

Edited July 27, 2015 by Boiler

[Rebuilt 9]

Belinda, I basically have been lied to by my own husband The more I realize about my situation the more I see the kind of man I married. I had full trust on him, until the very end, and after all that happened and going back in time and talking to some of his family members, I´ve come to realize many dark things about him.

Boiler, I will indeed consult a lawyer about this. But I will probably end up defending myself, since I have no money to pay for attorney fees.

On the other hand, if and while I´m on parole, am I still allowed to work? Anybody knows anything about this? Because like I said before, I fully intend not to become a burden on anybody and fight with all I have to amend wrong things. One of them, like Belinda said, was being perhaps too naive

[belinda63 3,038]

You will not be permitted to work, you might be held in custody while you wait.

I totally understand and sympathize with your issues with your relationship. I am trying to approach this from the immigration view point. They don't care if your spouse cheated, they don't care if he is with some worthless scumbag, they don't care if he is a veteran, etc. All they care about is that you left the US for more than five years thus abandoning your LPR status. It is going to be up to you to prove you didn't mean to do this. I would strongly suggest you have all your evidence with you when you arrive in the US as you may not have a chance to gather it prior to your hearing.

[Transborderwife 4,666]

No, I don't believe you would be able to work. If paroled in you do not really have a status. The immigration judge would have to see you first to figure that out.

[Rebuilt 9]

Thanks everybody for all the helpful answers, I will try to gather all the possible documentation I can.

I´m recalling now that one of the times I asked my husband about our return and how long we were out of the States he literally told me: "How would they know for how long we´ve been out, they didn´t stamped you passport and the POE in Europe".

He also never once mentioned the Embassy or Consulate until after he started seeing his tramp. I called the Embassy the day after explaining that I had to be in Spain for quite a while and if I´d have any problems with CBP and my GC and the man on the phone just told me: "Why should you?"

It´s just so confusing.

[nane1104 146]

Ummh, even if your husband was waiting for you in the U.S, that wouldn't change the fact that you abandoned your residency.

Your marital problems really have nothing to do with your immigration status.

I also find your post title a bit misleading. You are in your home country, not somewhere stranded in a foreign country.

[Rebuilt 9]

Ummh, even if your husband was waiting for you in the U.S, that wouldn't change the fact that you abandoned your residency.

Your marital problems really have nothing to do with your immigration status.

I also find your post title a bit misleading. You are in your home country, not somewhere stranded in a foreign country.

I never INTENDED to abandon my resident status, which is the issue at hand, and yes, as a matter of fact my husband has EVERYTHING to do with it. He literally abandoned me, refuses to talk to me, his 12 year wife, and of course let´s not even mention filing a new I-130 (which would have never been necessary in the first place had I know about all this hassle, since I could have applied for citizenship before going to Spain, which I didn´t do because I had enough problems to deal with, caused mostly by my husband´s attitude). In your signature I can read: "Yeah, no more USCIS for 2 years!" When I got my PRC that´s exactly what I thought, yeah no more USCIS for 10 years. Do you see my point?

And even if I´m in my home country, it´s still a foreign country and I still have been left behind by the one who took an oath to protect me and devote himself to me, I don´t see how it would make a difference whether or not is my home country.

[nane1104 146]

What I'm saying is, USCIS can care less what led you to not fulfill your residency requirements of actually living in the USA.

It's YOUR green card.

Yes, your husband is a jerk to doing this to you but ultimately, YOU abandoned your status as a LPR. Whatever lead up to that.

There are pretty clear rules when it comes to keeping up your residency.

Wether you didn't know or didn't care to know those rules, it doesn't make a difference.

If I had relied on my husband to handle my immigration matters for me, I might be greencard-less now too, but I chose to be on top of it because it's MY status.

Being ignorant about it, is no excuse. Yes, You trusted your husband with that but come on, you had no knowledge of how this worked?

I'm sorry if I'm sounding heartless, I'm really not but you have been really naive about this and you seem to refuse to take responsibility for your dilemma.

I would try and fight too and I wish you luck with this but I don't think you see what you are up against. Telling USCIS that your husband abandoned you isn't going to cut it.

[Rebuilt 9]

No nane, I honestly had no idea how it worked And yes you´re right, I´ve been VERY naive on all accounts regarding not only my GC, but everything about my husband.

I appreciate your input, right now I´m such a mess. The more I think about it, the more stupid I feel.

Meanwhile, he´s probably using everything against me now, playing the victim on his own favor, as he´s always done.

He played me well, and he´ll continue to do so to everybody else who crosses his path.

[Sandra G. 5,047]

Here is what you need to know,first the judge will not consider if your husband misleaded,lied or cheated on you. Having friends to say he promised to return to the USA with you means nothing.

The judge might consider you didn't abandon your residence if you were taking care of someone gravelly ill and the person did not have any other relative capable to take care of that person;or you were VERY ill incapable to travel to the USA; your Country was in a civil war and going to the airport would endanger your life; you have a disease that you were in treatment in your Country because in the USA you could not have treatment; you were held captive and couldn't travel; if someone threatened to kill a member of your family or you if you travelled to the USA ; you were in coma for 5 years. I am not kidding,you have here a few reasons that a Court might consider when deciding if you abandoned your residence in the USA or not. How do I know that? I am an attorney since 1989.. oh you will not have work permit.

Edited July 28, 2015 by sandranj

[Sandra G. 5,047]

Sorry I mispelled some words . I was having a coffee and using my cellphone here in Court.

Edited July 28, 2015 by sandranj

[belinda63 3,038]

Juani you need to understand the issues with your husband and the issues with immigration are separate issues. Your spouse has nothing to do with your green card or your abandonment of it or you going in front of an IJ. They are two totally separate issues and if you go in front of the judge and start talking about how your spouse cheated and lied and is seeing some ####### and you trusted him, well if you do this the judge is going to not want to listen to this and he/she will rule against you just to get you out of his court room.

If you insist on trying this you need to obtain and have in your hand or carry-on every piece of evidence you can obtain showing you intended to return to the US: bank statements, tax returns, US drivers license, US address, etc. Right now all you have is your word and this is not enough. Even with a boat load of evidence your chances of having your green card reinstated are about 0.00000001%.

[Boiler 45,486]

Sorry I mispelled some words . I was having a coffee and using my cellphone here in Court.

I remember there is a maven on abandonment issues I thing in CA, mentioned a long time ago on another site.

Do you know who has is

[Sandra G. 5,047]

Read the matter of Khoshfahm V Holder, Court of Appeals, 9th Circuit , pages 6/7 explain very well about abandonment of residence .