After filing I-407 I was still able to return to the US. Does this mean I still have my green card?

[HRQX 4,145]

4 hours ago, Elena99 said:

If he is needed in any of my options, I don't think I will get his support any longer and there probably isn't a reason to even try.  It seems at that point I really don't have a choice.

 

I guess I am just postponing the inevitable.

Best course of action is to depart to the US, ASAP.

 

Very uphill battle to portray that your estranged husband will experience extreme hardship from your absence: "A “fraud waiver” under INA § 212(i) may cure some entries based on fraud or misrepresentation. The waiver is available to a noncitizen who: 1) is the spouse or son or daughter of a U.S. citizen or an LPR; and 2) can demonstrate that the denial of admission would result in extreme hardship to this relative. In VAWA self-petitioner cases, the self-petitioner, a United States citizen, LPR or qualified relative may demonstrate the necessary extreme hardship." https://www.americanimmigrationcouncil.org/sites/default/files/practice_advisory/inspection_entry_and_admission_final_10-22-2015_0.pdf

By entering with the formally abandoned GC you entered through fraud and/or willfully made a material misrepresentation: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2

Edited August 23, 2020 by HRQX

[Elena99 13]

22 minutes ago, HRQX said:

Best course of action is to depart to the US, ASAP.

 

Very uphill battle to portray that your estranged husband will experience extreme hardship from your absence: "A “fraud waiver” under INA § 212(i) may cure some entries based on fraud or misrepresentation. The waiver is available to a noncitizen who: 1) is the spouse or son or daughter of a U.S. citizen or an LPR; and 2) can demonstrate that the denial of admission would result in extreme hardship to this relative. In VAWA self-petitioner cases, the self-petitioner, a United States citizen, LPR or qualified relative may demonstrate the necessary extreme hardship." https://www.americanimmigrationcouncil.org/sites/default/files/practice_advisory/inspection_entry_and_admission_final_10-22-2015_0.pdf

By entering with the formally abandoned GC you entered through fraud and/or willfully made a material misrepresentation: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2

Thank you so much for those shockingly poignant links! I will do everything I can to depart ASAP. I will still try to get an appointment with free legal counsel on Monday if only to ensure I do depart correctly and without further ramifications. 

[Boiler 45,525]

Wondering with all the issues why you sought to enter, where you expecting a reconciliation?

[PaulaCJohnny 713]

4 hours ago, Elena99 said:

Thank you so much for those shockingly poignant links! I will do everything I can to depart ASAP. I will still try to get an appointment with free legal counsel on Monday if only to ensure I do depart correctly and without further ramifications. 

Hi Elena, can I ask you something really silly? 

Why did you came back? Because looks like was not to try to work in your marriage because you are super sure that your husband don't want you back and you're not even trying to contact him.

Are you sure that you want to put your safety in risk just to leave here? Don't you have your family or friends in your home country?

I'm so sorry for be so directly, I'm not trying to sound rude but I read this comments and make me feel that you really need to find a safe place and put your mind together.  I don't know if you are super young or not, but you really need help to figure it out a best way to live your life.  You deserve more than this. Think about it 💖

[Elena99 13]

6 hours ago, Boiler said:

Wondering with all the issues why you sought to enter, where you expecting a reconciliation?

 

3 hours ago, Paula&Johnny said:

Hi Elena, can I ask you something really silly? 

Why did you came back? Because looks like was not to try to work in your marriage because you are super sure that your husband don't want you back and you're not even trying to contact him.

Are you sure that you want to put your safety in risk just to leave here? Don't you have your family or friends in your home country?

I'm so sorry for be so directly, I'm not trying to sound rude but I read this comments and make me feel that you really need to find a safe place and put your mind together.  I don't know if you are super young or not, but you really need help to figure it out a best way to live your life.  You deserve more than this. Think about it 💖

Initially I was expecting a reconciliation with my husband. I thought if I could just talk to him in person, he would forgive me for my foolish behavior. But after arriving here and speaking with a mutual friend, I became concerned that this wasn't going to happen right away, if at all. Of course I can't blame him, I acted stupid. Coming here as I did, was an even worse mistake. All of my family and most of my friends are back in my home country. I know now that I should be there too. My husband is a wonderful man and he put up with a lot from me already. He just doesn't want to do it anymore. He would have never left me, but  I made my choice to leave him. And now he doesn't want me back.

I thought I might call him just before I leave and tell him what happened and that I am here. But I think this might just reinforce his thoughts that he is better off without me. And of course, now even I realize that.

I'm 22 so I am young, but Its no excuse for my behavior. The only good that might come out of all this is that I can look back and remind myself that irrational actions can have serious consequences. I need to think a lot more before reacting so quickly and emotionally to whatever bothers me at that moment.  

Thanks again to everyone who offered advice. I really appreciate it. And to those who's comments were deleted, whatever was said, I'm sure I deserved it. 

 

[carmel34 3,633]

5 hours ago, Elena99 said:

And of course, now even I realize that.

I'm 22 so I am young, but Its no excuse for my behavior.

From your responses here, you sound quite mature despite being so young.  Plus you're intelligent and articulate, you just made some serious mistakes and sound like you have learned from them.  We all make mistakes, rash decisions that we later regret.  You have a bright future ahead of you, whether in the US or your home country, so all the best and good luck!

[Loren Y 2,755]

Are you even still legally married? He could have filed for divorce and be remarried by now. Even if not remarried if you are no longer married then the only option you have is gone also. I would check online at the clerk of courts where you were married to see if you still are first.

[Elena99 13]

Thank you Carmel34! 🙂

 

[Elena99 13]

2 minutes ago, Loren Y said:

Are you even still legally married? He could have filed for divorce and be remarried by now. Even if not remarried if you are no longer married then the only option you have is gone also. I would check online at the clerk of courts where you were married to see if you still are first.

Thank you Loren, I suppose I should check. But even if I'm still married, I still don't have a legal right to stay because of how I arrived, at least not without my husband's desire to have me stay. I understand that much from everyone that offered their knowledge in such things. I have come to terms with my leaving now. I just hope I can without too much of an issue at the airport.

[Pinkrlion 2,722]

Wow, How could you risk being detained by ICE and deported with a ban for life. Sooo do not understand your decision. Good Luck. You need to leave. You can find a lawyer in your home country. 

[Crazy Cat 41,888]

2 minutes ago, Elena99 said:

I just hope I can without too much of an issue at the airport.

You will not process through airport immigration when leaving the US.  

Edited August 23, 2020 by Lucky Cat

[Loren Y 2,755]

1 minute ago, Elena99 said:

Thank you Loren, I suppose I should check. But even if I'm still married, I still don't have a legal right to stay because of how I arrived, at least not without my husband's desire to have me stay. I understand that much from everyone that offered their knowledge in such things. I have come to terms with my leaving now. I just hope I can without too much of an issue at the airport.

It's a tough call. I wouldn't leave without at least a phone call to him. Maybe not mention you're here in the US to at least feel it out. You took all the risk, and if your still married and he is willing to help you file a 485, you still maybe able to stay. After lining up a good attorney. I've seen people file from worse situations and manage to get all the way to citizenship.

[Elena99 13]

1 minute ago, Lucky Cat said:

You will not process through airport immigration when leaving the US.  

That's great to hear! That was the one thing I was still worrying about. Now I can sleep tonight. 😇

[Crazy Cat 41,888]

Just now, Elena99 said:

That's great to hear! That was the one thing I was still worrying about. Now I can sleep tonight. 😇

Departing the US will be no problem............and , personally, I would mail that Green Card back to USCIS on my way to the airport.

[Elena99 13]

1 minute ago, Loren Y said:

It's a tough call. I wouldn't leave without at least a phone call to him. Maybe not mention you're here in the US to at least feel it out. You took all the risk, and if your still married and he is willing to help you file a 485, you still maybe able to stay. After lining up a good attorney. I've seen people file from worse situations and manage to get all the way to citizenship.

You're very kind, but he wouldn't be willing. I say that because I left him without any good cause. He couldn't believe how I acted and then when I filed the paperwork, that was the last straw.  

He was very good to me, but I pushed him to the limit when I did this over a silly argument. I made the choice, not him.  I have no one to blame but myself but I hope to be a better person after all this. If I had only thought like this before I came here, I could have saved a lot of time and trouble. This is a great community of people here on this site. So much understanding and helpful advice, it really is wonderful!