Wife abandoned in foreign country, need serious help please!

[Sandra G. 5,047]

Matter of Khoshfahm V Holder states:

http://cdn.ca9.uscourts.gov/datastore/opinions/2011/08/25/10-71066.pdf

Abandonment of LPR Status

"...The government must establish by “clear, unequivocal, and convincing evidence” that this status has changed or been abandoned. Id. On its face, abandonment of immigration status appears to be a legal inquiry. We have held, however, that, because whether a petitioner has abandoned his LPR status is an intrinsically fact-specific question, we review the BIA’s determination as to abandonment under the substantial evidence standard. Khodagholian v. Ashcroft, 335 F.3d 1003, 1006 (9th Cir. 2003) (citations omitted). Thus, in reviewing the BIA’s decision, we must determine whether there is (1) substantial evidence that

(2) the government has offered “clear, unequivocal, and convincing evidence” of (3) the ultimate finding necessary to support the abandonment of lawful status. See Singh, 113 F.3d at 1517 (Reinhardt, J., dissenting). [2] We now consider what the government must prove by “clear, unequivocal, and convincing evidence” in order to establish abandonment of LPR status. “n order to qualify as a returning resident alien, an alien must have acquired lawful permanent resident status in accordance with our laws, must have retained that status from the time he acquired it, and must be returning to an ‘unrelinquished lawful permanent residence’ after a ‘temporary visit abroad.’ ” Singh, 113 F.3d at 16250 KHOSHFAHM v. HOLDER 1514 (quoting Matter of Huang, 19 I. & N. Dec. 749, 753 (1988)). “A trip is a ‘temporary visit abroad’ if (a) it is for a ‘relatively short’ period, fixed by some early event; or (b) the trip will terminate upon the occurrence of an event that has a reasonable possibility of occurring within a relatively short period of time.” Id. (citation omitted). If the alien’s trip abroad is not “relatively short,” it is a “temporary visit abroad” only if the alien has “a continuous, uninterrupted intention to return to the United States during the entirety of his visit.” Id. (citing Chavez-Ramirez v. INS, 792 F.2d 932, 937 (9th Cir. 1986)). In other words, a legal permanent resident “may extend his trip beyond that relatively short period only if he intends to return to the United States as soon as possible thereafter.” Id.

[3] Thus, because it is the government that has the burden of proof with respect to abandonment of status, id., it must show by “clear, unequivocal, and convincing evidence” that the petitioner’s trip abroad was not “relatively short” and that the petitioner did not maintain a “continuous, uninterrupted intention to return to the United States,” thereby abandoning his status. We review for substantial evidence the BIA’s conclusion that the government met this burden".

The Court will take in consideration the OP employment history in Spain, it will provide evidence of the intent not to reside in the U.S. She did not establish residence in the United States, probably listed the address in Spain as her permanent address in documents such as driver license,passport, doctors etc. Her absence was not temporary, she was living in Spain indefinitely.She decided to return to the USA because her husband left Spain, otherwise she would be living in Spain with him!

It will be easy for them to determine by clear, convincing, and unequivocal evidence that she did not intend to make the USA her home. Let's be honest here would she move to the USA alone if her husband was still in Spain with her? course not.

[Boiler 45,519]

I completely agree that the basics of the case as disclosed are not good.

Going it alone seems silly, needs a top notch Abandonment Layer, who may even then tell her to forget it.

[Rebuilt 9]

The Court will take in consideration the OP employment history in Spain, it will provide evidence of the intent not to reside in the U.S. She did not establish residence in the United States, probably listed the address in Spain as her permanent address in documents such as driver license,passport, doctors etc. Her absence was not temporary, she was living in Spain indefinitely.She decided to return to the USA because her husband left Spain, otherwise she would be living in Spain with him!

It will be easy for them to determine by clear, convincing, and unequivocal evidence that she did not intend to make the USA her home. Let's be honest here would she move to the USA alone if her husband was still in Spain with her? course not.

I´ve only held two temporary part-time jobs Sandra, those that allowed me to take care of my mother while doing them, and even at that point, I had to miss several days. At some point I was studying too and working at the same time, it was when my youngest daughter came back from her regular job in Germany. And of course that being a Spanish citizen I had my Spanish address on official documents like my passport and healthcare stuff, I mean, who wouldn´t?!?!?!? I do not have a DL.

Despite these circumstances, we always intended to come back to America. And I repeat, I would NEVER think I´d have so many problems to do so, otherwise we would have solved them at the Embassy while my husband was still here, apply for a new I-130 and so on. Like I said, I always was led to believe of the GC as some sort of passport for foreigners, and my ties to America was always my husband, I always thought that´s the way it worked

I´m quite devastated over this, honestly. After he left I even send him all my work certificates and asked him to look in the Maritime Affairs Office there in Florida (or whatever is the institution that takes care of these matters) to find out if they would be valid or I have to validate them somehow. Of course, he never did since it would interrupt his new plans. He kept me holding into my dreams just to shatter them in the most coward, cruel and humiliating way.

But the point remains, I always had the intention of work in the American Merchant Marine, and all I did was preparing myself the best I could for that purpose.

And again, I cannot repeat this enough, thank you so much everybody for your wise input. I have an appointment with a lawyer in the next hour, I´ll come back with the updates about this

[Boiler 45,519]

When they send you your GC you also get a document detailing your obligations including what is needed to retain your Permanent Residency. The name is also a clue, you need to be permanently resident in the US. The equivalent UK status has a similar requirement, I assume most Countries do.

I am sort of surprised that you are checking to see if your qualification will be accepted in the US, I have no idea if they will, certainly in my profession they are not. Would not this be something you would look into before starting a course?

[Rebuilt 9]

When they send you your GC you also get a document detailing your obligations including what is needed to retain your Permanent Residency. The name is also a clue, you need to be permanently resident in the US. The equivalent UK status has a similar requirement, I assume most Countries do.

I am sort of surprised that you are checking to see if your qualification will be accepted in the US, I have no idea if they will, certainly in my profession they are not. Would not this be something you would look into before starting a course?

I remember the conditional GC being attached to a sheet of paper, where it only said: visit www.uscis.gov for information on "The guide to new permanent residents", or something like that. That paper I still have. As far as the permanent GC, I guess I was so happy to get everything settled that I completely forgot about it. Besides, now going back in time and with the help of old pictures (sorry, my memory is not functioning as well as I want right now), by that time I honestly don´t remember how did the PGC get in my hands. I remember going to the appointment in Las Vegas, and I think it was there where they handed it to me, it was inside a little covering. I have both.

As far as my maritime certificates, they are up to International Maritime Organization standards, and all comply with STCW rules, so they should be accepted worldwide. But I still scanned them and sent them to my husband for double check.

My idea was to start out in the yachting industry and eventually move to the Merchant Marine

[Sandra G. 5,047]

If the attorney you have an appointment is not an immigration attorney in the USA you will be wasting your time listening what the attorney has to say about GC abandonment.I handled GC abandonment before and your chance is 1%.

[nane1104 146]

I think your best shot is to surrender your card, go to the U.S. via VWP and try to hash out things with your husband. If you guys can work it out, you can proceed with a new application for a spouses visa.

In the meantime I'd focus on building your life in Spain.

[Rebuilt 9]

Sandra, you said you were an immigration lawyer specialized in abandonment, could I contact you? Or could you refer me to some good lawyer specialized on this issue? My priority right now is having my GC back.

On other forum I wrote people are telling me that he´d get the divorce based on lies, he would be the one saying that it was ME the one abandoning him, how can I abandon him if I can´t even make it to the country, and he wouldn´t send me a new I-130?

I have to stop this dirty treachery, I didn´t do anything wrong on purpose

[belinda63 3,038]

Again Juani I understand your issues with your spouse. You have been married, you feel loyal to him, you feel he betrayed you. All these feelings are valid. You really should seek counseling or the ear of a good friend to help you work through these issues.

In the US anyone can divorce their spouse, it is called a no-fault divorce. You don't have to agree with it for the divorce to be granted. He doesn't have to give a reason as to why he wants a divorce. You can't stop the divorce if he wants one. Even if you were in the US living in the same house as him you couldn't stop him from divorcing you. I think you need to accept that the marriage is over and your life is not in the US. You need to start making a new life for yourself without your spouse.

[Transborderwife 4,666]

I agree with Belinda. All that he needs to say is that he does not want to be married anymore and he can file for divorce. No need to tell his side of the story just cite irreconcilable differences and he's in. Nobody has to prove anything.

I previously mentioned counselling and will suggest it again.

The thing that I think you need to do is definitely accept your role in all of this. It was incredibly naive (and in some ways irresponsible) not to know the conditions of a greencard. Personally, regardless of the situation if it were me I would be knowing what I need to do to maintain my residency and ensure that I had a future in the USA.

[Rebuilt 9]

I understand what you gals are saying, I really do. But in this case we´re talking about an almost 11 years marriage. I know I might have some benefits from it, and the way he´s acting looks like he will try to take them from me.

What if he says that it was me the one abandoning him? How could I ever do so, if I never got the chance to join him in the first place?

Of course, all I want is to defend my permanent residence right now. That´s my first priority.

And yes, I was naive to the point of stupidity. I trusted my husband with all I had, and I´m paying dearly for it

Edited July 30, 2015 by Juani

[Transborderwife 4,666]

I understand what you gals are saying, I really do. But in this case we´re talking about an almost 11 years marriage. I know I might have some benefits from it, and the way he´s acting looks like he will try to take them from me.

What if he says that it was me the one abandoning him? How could I ever do so, if I never got the chance to join him in the first place?

Of course, all I want is to defend my permanent residence right now. That´s my first priority.

And yes, I was naive to the point of stupidity. I trusted my husband with all I had, and I´m paying dearly for it

Stupidity, no. Ignorance yes. If he says things then he says things. The fact of the matter is that he doesn't need to say anything. If he does, then it's up to the judge to take him at his word or not. But the fact is that he doesn't need to say a word.

Be strong and choose what's best.

[Jacque67 7,328]

How old are you?

Perhaps you can visit on the VWP if you give up your GC?

This isn't Cosmopolitan so no couples advice. Listen to what Sandra says about the legal issues.

[blahblahblog 36]

Stupidity, no. Ignorance yes. If he says things then he says things. The fact of the matter is that he doesn't need to say anything. If he does, then it's up to the judge to take him at his word or not. But the fact is that he doesn't need to say a word.

Be strong and choose what's best.

The impending divorce has no bearing in your abandoned GC. Immigration law isn't about justice or fairness, it's about regulating who can come into the country. It's a dry and brutal bureaucracy that keeps new couples separated several months and families separated for years. If you get to an IJ and are able to pull his heart strings, he would still not be able to help you in any way because you abandoned your GC and your husband will not sponsor you to get a new one. In life, bad things happened and I'm sorry to say, they happened to you. You must accept this.

You could try a hail mary and use your GC to get in the country but, as Sandra said, chances are you may even end up detained while waiting for a hearing and deported. If you want to go down this route, make sure you get a very good lawyer that specializes in this sort of cases. Be prepared to pay a bunch of money, hear from several lawyers that your case is hopeless and come out with nothing. You could also give up on the GC, get to the US with your VWP, get a family lawyer, settle/negotiate/litigate your divorce and maybe even try to get a job offer in the field you want to work. I think this is a better use of your energy, time and money.

I agree that you should get legal representation during divorce proceedings and focus on that, not on the Green Card. While he can get a divorce for whatever reason, the benefits post divorce (alimony, partition of property) may hinge on the reasons for divorce. If he claims she abandoned him, he may be able to avoid paying alimony, for example.

[Sandra G. 5,047]

Juani your need an attorney in the State where you will live, because the attorney has to go to the Court with you. I just represent people when I am convinced that they have an immigration case, and I believe the Court will not approve your case.

You have to think that you need a place to stay in the USA, because you will now show up in your husband's house right? He is a disgusting man, but he was very clear that he does not want to continue with the relationship anymore.I wish you the best. I rest my case,lol