i have a friend who is going through a terrrible time with here husband and she always cries on me on fone everyday , she has been married for like three years but all of a sudden her husband attitude has changed and she said that she will rather go back to her country instead of living in bitterness, she want to go back home and give her self some break and hopefully see what can happen between them, she did not really give me the real details, my question is that she has a 10 year green card granted some time last year , if she goes back to her country , will she be able to use the green card to visit here after she has been divorced from here husband or will she need to apply for a visa again

If she already has her greencard, I am pretty sure divorce won't make a difference (although I could be wrong!) But I am also pretty sure that in order to keep it she needs to keep a permanent residence here, but can can visit where ever she wants.

ONE OTHER THING I FORGOT TO SAY WAS THAT WHEN SHE TOLD HER HUSBAND SHE WANTS TO GO HOME, HER HUSBAND SEIZED HER GREEN CARD , SO WHAT CAN SHE DO

Yikes. I don't know. I remember a friend of mine lost her green card (not here through this type of visa) and it ended up causing her a lot of trouble but was eventually sorted out.

Is this a case of abuse? I know there are laws to help K1's in that situation. Either way, I would suggest she contact either immigration or the police about the situation. Maybe even warn him first in case he wants to cough up the green card in the face of real trouble over it.

It's not his green card to seize - I would suggest your friend call a police officer to accompany her into the house, and retrieve it from him! Nice, quick and simple - and that she then do what she needs to do. It's her card, her status and nope, she can't be deported or stopped from doing anything with a 10 yr green card - she is in no way bound or encased in a marriage which is no longer working.

I hope everything turns out okay

If she is gone from the U.S. for over 1 year, she will lose her LPR status.

Not true.

As long as she maintains permanent residence here, she'll be a permanent resident, regardless if she divorces him. And jayjay is right, it's her GC. If it gets that bad that he's trying to control her by using this against her I would definitely seek legal help.

I can't believe you advise the OP to just call the police and "retrieve" the GC from her husband, as if this is nothing big. You have no idea what the implications could be towards the husband, whether merited or not, if the OP's friend decided to follow your suggestion.

We only know the OP's friend's side of the story; in other words, hearsay from a 3rd party.

You're right - we do only know the OPs version of events. But that doesn't change the fact that it is HER green card, and she has every right to get it back however she chooses. JayJay was right to state that fact - and if the police have to be involved, then so be it.

I don't understand why you see JayJay's suggestion as a big deal. The police are involved in domestic arguements every day of the week, and wouldn't bat an eyelid. As you said, its only a suggestion.. and a reasonable one at that (in my opinion!) Alternatively she could report it as stolen (as it technically is!) and take it from there.

I very much doubt that a woman in this situation would do something suggested by someone off an immigration forum without thinking it through. I don't understand why you see JayJay's suggestion as being unreasonable. At the end of the day, we only ever offer advice. Its still up to the individual concerned on whether she wants to act upon that advice or not.

First of all, she has a GC thanks to her husband.

Second of all, if you were to be the one in this situation; would you put your husband through what Jayjay suggested so you can regain your GC? Would you actually do that to him after 3 years of marriage?

How 'bout you jayjay?

Third of all, to report as stolen something that obviously has nothing to do with a domestic dispute is highly irrational, inconsiderate and misrepresented; wouldn't you agree?

Her husband with whom her relationship has broken down to the point where he has taken away something she is legally required to carry with her at all times.

I don't think it's irrational, inconsiderate or misrepresentative to report it as stolen if she is unable to get it back from her husband. She may have acquired it through him, but it belongs to her. A spouse using immigration status as a form of control is something which allows a person rights under the VAWA, so it's taken pretty seriously.

Yes, if after three years of marriage my husband had no qualms about taking my green card, I would have no qualms about "putting [him] through" the ordeal of having the police come and locate it. The implications of having that happen are something he should have thought about before he started trying to play God with her immigration status, in my opinion.

*Her* immigration status is not in jeopardy if she reported the card lost/stolen to USCIS and request a replacement. It seems the husband may be thinking that *holding* her card could/would prevent her from returning to the USA at some time in the future after they divorce to reside here. Apparently, he is misinformed.

Indeed - therefore he thinks that he has control over her by seizing her green card, which I would call intent to intimidate if nothing else.

So far, this has been the most rational/sound advice given.

I knew someone in the same exact situation. The jealous boyfriend took his girfriends GC and the police arrested him, threw him in jail. It is very serious.

While I don't doubt that it was a very unwise move on the part of the boyfriend, I don't know what criminal consequences could ensue, I'd guess it would depend on the circumstances and if it were determined that he intended to market the green card or use it to secure benefit. In the marital context, the lines become a little less defined due to the intimate relationship of the parties and their respective duties to one another. Agreed an alien should carry the PR card at all times, but I could foresee difficulty in proving that it was stolen with a spouse. It would simplify the situation if the OP were to get a replacement right away. Divorce is an expensive event in most cases. I guess whatever cost is incurred in replacing it should be considered yet one more aggravation and cost that goes along with it. Besides, nothing better than removing the clout his purported "trump" card was to intended to have

No one gets arrested and thrown in jail just for stealing a GC.

There has to be more to this story.

Well as it costs $260 and takes 3 - 6 months to get a replacement I would be going to the police to try to get the original back.... he has no right to withhold it from her....

Kezzie

i agree

"friend"

right...

So basically, the GC to you is more important than the husband's well-being.

I'm with ya on this one. Even though he may feel entitled to take her GC, it is not his to take. It just goes to show that the attitude of "entitlement" may be what has driven the divorce all along.
Sorry for my spelling. I haven't figured out the spell check on the new version yet.

I don't know anything about this story, but on the GC thing...I totally agree with Kezzie. Who gives a flying flip about his well being if he obviously didn't care about hers???I mean, there wouldn't even BE a situtation if he wasn't withholding the card, and she could always say something like: look, I don't want to get the police involved in this, but I aim to get that card back, which is MY property, by whatever means necessary. If this man is forewarned and still doesn't give up the card, I don't think he would have anyone to blame but himself. He may have helped her get it, but why should she have to waste time and (always!) more money to get a replacement due to a hissy fit???? Not in my opinion!!!! M.

Id get a post office box or postal box and get a new green card sent there and not tell him you have a new one.. Dont be controlled by him ..Then fiure out way of fixing things up if you can hes got some serious issues going on there if he thinks he needs to control you isnt that spousal abuse... Indirectly

Well, according to the OP the husband is the one who has changed so much that she feels uncomfortable in the relationship and wants out of it. He is also the one who confiscated her greencard which she is required to carry by law, meaning he's using her immigration status to keep her dependent on him. So why would anyone care about the husband's well-being in this situation???

I'd ask him to surrender the card, and if he refuses I would report the card as stolen rather than lost. The police might not do anything because of their "intimate" relationship, but it might be good to have it on record for later.

I won`t pretend to know the story...the truth is we don`t, we don`t know why the OP changed so significantly after three years of marriage, or how she changed in those three years respectfully...

however, when a spouse blackmails the other to do something they do not wish to do...or to prevent them from doing something they wish to do- that is abuse, plain and simple....
it doesn`t matter if it`s a GC or something else, he is holding a knife ready to fall over someone he loved at one time in the past (I do not believe he still loves her if he is capable of doing something like this) and that qualifies abuse...

and it doesn`t matter rats behind that "she got her GC because of her husband"
I, for one, take that as an insult.... I am not going through this process for the GC, but to build a life with my husband for better or worse, and everything else that goes with it....I do not care if that was US or Timbuktu, just as long as we are together....
at the same time, I am giving up absolutely everything to move to be with him and that is not an easy decision to make....

for anyone to say that I should be somehow more grateful to my husband because of the GC, then he is for me choosing to move for us to have a chance is absurd....and I do not believe love is about measuring who is giving what and what the other is obliged to give in return

You can report your Greencard lost or stolen with the police, and then request a replacement with USCIS. You have to fill in Form I-90 ("Application to Replace Permanent Resident card") and mail it to USCIS, with a $190 base fee. Here is the link: http://uscis.gov/graphics/formsfee/forms/i-90.htm

I think that 3 to 6 months is an unrealistic delay to obtain a new card; I lost my GC in 2002 and it took USCIS 14 months to send me a new one!!! In the meantime, I used I-551 stamp on my passport to travel in and out of the US.

To remain a PR, I believe that one must reside in the US at least 6 months within the year. There are certain exceptions to this rule, but I am unsure whether they apply to you or not. You should inquire with an immigration specialist or USCIS.

I do agree with the fact that he doesn't have any right, nor entitlement to take away her GC, much less keep it. That much is true.

But one thing is to suggest getting the police involved so she can get her GC back and nothing more, while another thing is to suggest getting the police involved to get the husband purposely in trouble with the law, as a way for revenge. The police would only get involved if the wife called, claiming abuse. I truly doubt that saying something along the lines of "I feel abused b/c my husband took away my GC and now refuses to give it back to me" would actually be considered a form of abuse. But if she was to say or add something like "I'm afraid of my husband b/c he continously abuses me, both physically and verbally" instead, it'd be a whole different story.

As I've stated on my previous posts in this same thread, just calling the USCIS, reporting the card as stolen or lost and requesting a replacement is a much better and more viable solution to this dilemma, as opposed to getting the police involved, mainly out of spite, revenge and selfishness. Why not prevent making matters worse or further escalating them, if a more peaceful and less harmful option benefitting both parties is available?

In no way is her well-being, nor her status affected by not having the GC in hand. Her worry of how not having the GC in hand could affect her well-being or legal status is more of a reason to contact the USCIS and ask for a replacement. But since the GC has already been granted and approved, she shouldn't have anything to worry about anyway.

Had it not been for the love, kind heart and grace the husband had for his wife when he filed for her AOS, taking on the full responsibility an I-864 confers and being the sole provider for both his wife and their household before her EAD was granted, all throughout the AOS process and up to this day, she wouldn't even have a GC to begin with. For this reason only she should be grateful, not hateful, nor vengeful.

If she waited who knows how many months to get her GC and it was the husband who paid for it; why would you even suggest that it would be much easier, faster and cheaper for her to get her GC back if she called the police on her husband? Since it is now HER card, which she got through HIM, she, you, nor any other immigrant should have a problem with being the ones paying for a new card.

Are you telling me that if you were the one in this situation, rather than just go your own separate ways amicably and peacefully, you would instead purposely get your husband in trouble over the GC, even though it was him who helped you get and paid for it in the first place? Was to just get a GC the only reason why you married him in the first place? Sure seems so to me, and this goes for every other person advising the OP's friend to get the police involved as well.

In times of war, I sure wouldn't like to have anyone of yous in my foxhole.

dmarter..>I don't claim to know what the others in this thread meant by what they wrote, but I do know what *I* meant, so here it is:

I never intended to imply that she should try to get her husband in any 'trouble' at all over this. To me, she should tell her husband that she does intend to get the police involved ONLY to get her GC back as it IS HER property if he doesn't willingly give it back. If he doesn't, I think she should go ahead and do that.

Let me ask you this: why should she wait months for a replacement(which it almost certainly would be) AND spend nearly 200.00??? That's not a minor inconvenience in my book; it's absolutely ridiculous that she should have to do any of that because he's having a hissy! Anyway..my 47 cents. I'm goin' to bed. M.

PS edited to say: since the OP hasn't been back for a couple of weeks, this may all be moot anyway. It may very well have been resolved one way or another by now; hopefully with as little conflict as possible. M.

He's taken her GC - her property - which was given to her by the Govt not the 'grace of her husband' - taking something which does not belong to you with the sole intention of depriving you of it for all time is STEALING.
That's against the law.
I doubt the police would DO much but I think reporting it, so there is a record, isn't a bad thing to do. There's nothing vengeful about reporting STEALING - if your ex took your car (or your passport) and refused to return it I bet you'd be calling 911 without delay.
Perhaps if she informs her ex that she will go that route if he continues to withold her GC might persuade him to do the decent thing and return it. Then no-one gets in trouble.
My 02 cents.

If he is given the option of returning the GC or being reported then the only person that can get him in trouble is himself. She wouldn't be causing him problems ... he would cause his own problems by not returning it.

If someone ""stole" my identification, wouldnt give it back, and I knew for sure who has it, I would call the police, immigration or see a divorce lawyer.

Y'know....I hate this crap.....a mutual decision was made between two people to fall in love and get married...why on earth does that mean that one half of the relationship must be grateful for the GreenCard....was a gun held to head to 'provide' all that?? if he wasnt up for it he would have married a local gal.......

I will not be 'grateful' to my future husband for my GC...I will be 'grateful' for it because it is the way we will get to be together.....

No...he has no right to keep her GC....he seems to be the one behaving like a child....

Well

You know personally I call it abuse hes being abusive to her plain and simple ...

I know im not grateful to my husband im glad I can be here ... GC means im able to contribute to the houshold thats it ...

I have to wonder also if a man or woman (I wont stereotype here)is willing to take a green card to stop, harrass,or intimidate what else will they do in the realationship besides that huh ...?????

I wonder what the statistics are on spousal abuse ????

Sometimes it's not a question of "right" as it is a question of what would be sensible under these circumstances. Had the OP reported the GC as stolen at the time it was first confiscated, and brought in the police at that time, then she might have been able to pursue the matter in a criminal context. Right now, with many weeks, if not more time, having elapsed, it likely has become a civil dispute.

I've long since learnt that the legal system in the civil context, while founded on the concept of protecting one's rights, administers procedures that are more akin to encouraging amicable resolution and compromise. There's no doubt the husband has no right to her green card and it might be inconvenient to have to pay to replace it, but one has to weigh the pros and cons of the choice to pursue a right versus the benefits of settling the matter in another way. I personally would opt for the method to gain the green card without further antagonism of a man who has already exhibited irrational behaviour and choices. Besides, if what I read is likely to occur, she may find that choosing an antagonistic way to resolve this dilemma may make terminating the marriage much more unpleasant than it has to be.

it would seem to me that the husband has no concern for his wife's well being if he's stolen her green card. She is required by law to carry it on her person at all times, if for any reason she is stopped by police and questioned about her status, she could be detained. She may get stopped because of a burned out tail-light, or just a random check with a bored State Trooper. If she cannot produce the card if/when asked, she could very well be in some uncomfortably deep doo-doo.

quoted here from the USCIS website regarding permanent resident card/certificate:



Just because its not her fault that she no longer has the card, she still may be detained until they can round up the husband and the card. And then He may be in some uncomfortably deep doo-doo. And rightly so.

i'm siding with him taking the green card as being way out of line. he is exhibiting controlling behavior. as for him being the reason she has a green card, that's considered and rejected. such does not grant him the right to treat her like property nor give him the right to impede her movement within the country as she needs that green card at all times.

Im with you welshie. I read the post and thought WTF...a big steaming pile of condescending, chauvinistic crap...it made my hair stand on end.

JayJay,

That's a rather extreme first step to take. It may or may not be called for depending on other factors involved.

Sounds like it's time for all4love's friend to have a consultations with a divorce lawyer, and perhaps an immigration lawyer as well, to discuss all aspects of her situation and determing the most appropriate and effective course of action.

Yodrak



Satisfaction,

Not true. Time out of the country is one item that can result in the loss of PR status, but for that alone to cause loss of status it's 1 year without a re-entry permit and 2 years with. But other factors can play a role as well.

Yodrak

I think there's somthing fishy with the whole situation. If mymarriage had fallen apart and I was considering divorce and return to my home country, I think the last thing on my mind would be when I could visit the U.S. again. I wouldn't be so quick to jump on the husband here - somthing's definitely rotten.