belinda63

I don't have experience with an immigrant scammer, but I do have experience with abuse. My first husband could put on a personality that would charm you to no end. For a period of time he could act like the best, most caring person in the world. My parents still prefer him over me, their natural child. It was only after you got to know him really well and saw him in bad situations that his true side began to come out. I remember how he charmed the court and got everything he wanted with his lies and stories but one day we were present while the attorneys were talking and he lost his temper and almost hit me. Immediately he regained his composure an became the charming man again. Another time he was giving testimony by phone and thought I was talking. He ripped the "female voice talking over me" a new a**hole because he thought it was me. It was the domestic relations commissioner and if he had been there in person it would have been straight to jail for him.
Moral of the story. you can think you know someone well but until you have seen them in a bad situation and how they react you don't really know them.

How many other things has she told you that weren't true?. She gets the EAD, then she has to find a job, then she has to save money, then her green card comes, then she leaves and you are on the hook for at least 10 years. If she receives food stamps, medical aid, or other public assistance you might have to repay the government. 
Her filing for VAWA has nothing to do with you or your criminal record unless she makes a criminal complaint. But her getting her green card will obligate you to the US government.
File for divorce now, ask at the initial hearing that she be made to leave the house and explain why, that you are afraid she will make false claims, destroy your property, etc. Sounds like she is really good at stringing you along and she will continue to do that until she has the green card.

How many other things has she told you that weren't true?. She gets the EAD, then she has to find a job, then she has to save money, then her green card comes, then she leaves and you are on the hook for at least 10 years. If she receives food stamps, medical aid, or other public assistance you might have to repay the government. 
Her filing for VAWA has nothing to do with you or your criminal record unless she makes a criminal complaint. But her getting her green card will obligate you to the US government.
File for divorce now, ask at the initial hearing that she be made to leave the house and explain why, that you are afraid she will make false claims, destroy your property, etc. Sounds like she is really good at stringing you along and she will continue to do that until she has the green card.

How many other things has she told you that weren't true?. She gets the EAD, then she has to find a job, then she has to save money, then her green card comes, then she leaves and you are on the hook for at least 10 years. If she receives food stamps, medical aid, or other public assistance you might have to repay the government. 
Her filing for VAWA has nothing to do with you or your criminal record unless she makes a criminal complaint. But her getting her green card will obligate you to the US government.
File for divorce now, ask at the initial hearing that she be made to leave the house and explain why, that you are afraid she will make false claims, destroy your property, etc. Sounds like she is really good at stringing you along and she will continue to do that until she has the green card.

How many other things has she told you that weren't true?. She gets the EAD, then she has to find a job, then she has to save money, then her green card comes, then she leaves and you are on the hook for at least 10 years. If she receives food stamps, medical aid, or other public assistance you might have to repay the government. 
Her filing for VAWA has nothing to do with you or your criminal record unless she makes a criminal complaint. But her getting her green card will obligate you to the US government.
File for divorce now, ask at the initial hearing that she be made to leave the house and explain why, that you are afraid she will make false claims, destroy your property, etc. Sounds like she is really good at stringing you along and she will continue to do that until she has the green card.

How many other things has she told you that weren't true?. She gets the EAD, then she has to find a job, then she has to save money, then her green card comes, then she leaves and you are on the hook for at least 10 years. If she receives food stamps, medical aid, or other public assistance you might have to repay the government. 
Her filing for VAWA has nothing to do with you or your criminal record unless she makes a criminal complaint. But her getting her green card will obligate you to the US government.
File for divorce now, ask at the initial hearing that she be made to leave the house and explain why, that you are afraid she will make false claims, destroy your property, etc. Sounds like she is really good at stringing you along and she will continue to do that until she has the green card.

How many other things has she told you that weren't true?. She gets the EAD, then she has to find a job, then she has to save money, then her green card comes, then she leaves and you are on the hook for at least 10 years. If she receives food stamps, medical aid, or other public assistance you might have to repay the government. 
Her filing for VAWA has nothing to do with you or your criminal record unless she makes a criminal complaint. But her getting her green card will obligate you to the US government.
File for divorce now, ask at the initial hearing that she be made to leave the house and explain why, that you are afraid she will make false claims, destroy your property, etc. Sounds like she is really good at stringing you along and she will continue to do that until she has the green card.

How many other things has she told you that weren't true?. She gets the EAD, then she has to find a job, then she has to save money, then her green card comes, then she leaves and you are on the hook for at least 10 years. If she receives food stamps, medical aid, or other public assistance you might have to repay the government. 
Her filing for VAWA has nothing to do with you or your criminal record unless she makes a criminal complaint. But her getting her green card will obligate you to the US government.
File for divorce now, ask at the initial hearing that she be made to leave the house and explain why, that you are afraid she will make false claims, destroy your property, etc. Sounds like she is really good at stringing you along and she will continue to do that until she has the green card.

How many other things has she told you that weren't true?. She gets the EAD, then she has to find a job, then she has to save money, then her green card comes, then she leaves and you are on the hook for at least 10 years. If she receives food stamps, medical aid, or other public assistance you might have to repay the government. 
Her filing for VAWA has nothing to do with you or your criminal record unless she makes a criminal complaint. But her getting her green card will obligate you to the US government.
File for divorce now, ask at the initial hearing that she be made to leave the house and explain why, that you are afraid she will make false claims, destroy your property, etc. Sounds like she is really good at stringing you along and she will continue to do that until she has the green card.

How many other things has she told you that weren't true?. She gets the EAD, then she has to find a job, then she has to save money, then her green card comes, then she leaves and you are on the hook for at least 10 years. If she receives food stamps, medical aid, or other public assistance you might have to repay the government. 
Her filing for VAWA has nothing to do with you or your criminal record unless she makes a criminal complaint. But her getting her green card will obligate you to the US government.
File for divorce now, ask at the initial hearing that she be made to leave the house and explain why, that you are afraid she will make false claims, destroy your property, etc. Sounds like she is really good at stringing you along and she will continue to do that until she has the green card.

When she enters, she should tell the border official the truth: that she is entering with the intent to adjust status while she is in the US.  If there is no problem with your plan, she will be let through.  If there is a problem, she will be denied at the border or you can print out the links above and she can argue the point with the border official.

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.

So far all the proof she has that she didn't intend to abandon her residency is her word and maybe a bank account.

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.

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%.

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.

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?

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.

I don't know that contacting the VA will do any good. As long as he is legally married he is entitled to the additional benefits. She could sue, I guess, to get her share of what the additional money is. To check on the usage of your social security number you could order, online, a free credit report and see what it shows. You should also write to the IRS and inform them you do not wish to jointly file taxes nor have you given him permission for X number of years to jointly file taxes with you.
I don't understand what you mean about pulling the abused husband card, he can file for divorce with no reason. To divorce you all he has to do is file the paperwork and send you notice or make a notice by publication if he doesn't know where you are. In the US you don't have to have a reason to divorce. If you want to fight the divorce the best you could hope for would be half of the joint assets (things earned or bought during the marriage) and it sounds like there are none to be split. But you cannot stop the divorce if he files.

As it stands the only path to you returning to the US to live is through your spouse filing a new petition. You could also try for a work visa.

https://help.cbp.gov/app/answers/detail/a_id/1191/kw/travel%20with%20expired%20green%20card/sno/1
Lawful Permanent Residents of the U.S. must present a Permanent Resident Card ("Green Card", INS Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States.
I fully understand your point of view in this. You want to settle the issue with your spouse, find out what he has been doing with your social security number, etc. He does not receive extra money for disability based on being married as he did when he was active duty. He is within his rights to file his taxes as married although you should have been informed and agreed if he filed jointly.
The problem is you have been gone for five years. You do have the right to enter the US and maybe, if you are really lucky, you will sail right through inspection. Most likely you will be stopped and given a court date. The question becomes where would you stay, how would you support yourself, etc. If you can't provide an address they may place you in custody until your court date. The chances of you being readmitted are slim to none. Ignorance of the law is not an excuse.
Although you say you don't believe in divorce that seems to be the only solution. If he is receiving disability as his only source of income you will receive little from him. Disability pay cannot be awarded to the spouse.

“The liberty of the press is essential to the security of the state.”— John Adams, second U.S. president
“Our liberty depends on the freedom of the press, and that cannot be limited without being lost.”— Thomas Jefferson, U.S. Founding Father
“We are so concerned to flatter the majority that we lose sight of how very often it is necessary, in order to preserve freedom for the minority, let alone for the individual, to face that majority down.”— William F. Buckley Jr., founder of National Review magazine
 
Trump's attacks on the press, his bullying of the press, his denial of access to press members he does not like, etc. are all attacks on our fundamental rights. Without facts we cannot make sound decisions.Without facts we are no longer "the people" we are just sheep.
 
 
 

“The liberty of the press is essential to the security of the state.”— John Adams, second U.S. president
“Our liberty depends on the freedom of the press, and that cannot be limited without being lost.”— Thomas Jefferson, U.S. Founding Father
“We are so concerned to flatter the majority that we lose sight of how very often it is necessary, in order to preserve freedom for the minority, let alone for the individual, to face that majority down.”— William F. Buckley Jr., founder of National Review magazine
 
Trump's attacks on the press, his bullying of the press, his denial of access to press members he does not like, etc. are all attacks on our fundamental rights. Without facts we cannot make sound decisions.Without facts we are no longer "the people" we are just sheep.
 
 
 

“The liberty of the press is essential to the security of the state.”— John Adams, second U.S. president
“Our liberty depends on the freedom of the press, and that cannot be limited without being lost.”— Thomas Jefferson, U.S. Founding Father
“We are so concerned to flatter the majority that we lose sight of how very often it is necessary, in order to preserve freedom for the minority, let alone for the individual, to face that majority down.”— William F. Buckley Jr., founder of National Review magazine
 
Trump's attacks on the press, his bullying of the press, his denial of access to press members he does not like, etc. are all attacks on our fundamental rights. Without facts we cannot make sound decisions.Without facts we are no longer "the people" we are just sheep.