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Filed: Other Country: Australia
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My story is quite long and sad. I was married in October 2005 in New York to a partner that I thought was wonderful. I was adjusted and recieved my Green Card after not a really long process but expensive 10,000 dollars later in lawyers and travelling back and forth and documentation. He didnt pay for any of it ( I should have known better ) In August 2007 I caught him cheating for the second time so I packed up my stuff and headed back to Adelaide Australia. His family was terrified that I was going to take him for half of his belongings but simply I was exhausted mentally and physically after giving up everything for him and for what i thought we would make a life togther. He presented me with divorce papers via fedex while I was in australia and threated me several times that he wanted this to be a quick divorce and wanted me out of his life asap. I was beside myself. I had to fly to Melbourne on my own and get my own divorced papers signed and authorised and notorised by a US consulate member. She saw that I was beside myself and pointed out something very perculiar on my papers. He put this as the reason?

Abandonment

Abandonment may be actual or constructive, actual abandonment is usually one spouse leaving the marital residence without the consent of the other spouse without intention to return. One spouse may also lock out the other spouse from the marital residence preventing the parties from cohabiting. Constructive abandonment occurs when one spouse refuses to engage in sexual relations with the other spouse for a period of one year. To prove constructive abandonment, the spouse attempting to obtain the divorce must also show that he or she made repeated requests for relations during that year, that the other spouse refused those requests and that the other spouse was physically and mentally capable of having sexual relations.

I know that this wasnt true and neither did she. But I signed them and left crying my eyes out. Apparently after seeking some legal advice this was the only way he could get rid of me and quickly. I have email evidence of him threatening of him to sign the papers and he doesnt want to be enemies but just wants me out of his life ASAP.

I never got to say goodbye to my friends who helped me through everything, I left on a whim. I quit my job the same day and my boss understood completely. Everything that I had done over there was flushed down the drain. I couldnt afford to live on my own I had nothing. I lived with him and his family and he knew I would have no choice but to go back to Australia, of course to be with my family .

Anyway...to cut a long story short.... its now Feb 2009 obviously my Green Card has expired and I have a small debt on my credit card over there too which is about 2,000. He refuses to give me my mail or forward anything on to me. I cant get into my accounts and its very frustrating because every time I try they ask me to come into a branch and I obviously cannot do that.

Now if I was to try and go to the USA for 3 weeks in November, what are the chances that I will get stopped by homeland security? Would my name flag up when they scan my passport. Obviously I would enter with my Australian Passport because my Green Card is useless. The Green Card really isnt an issue its the fact I want to go and say hello to everyone and pick up some belongings that I had left there.

Does anyone think this would cause issues especially since I have a small cc debt there or I was once a permanent resident?

Thanks all I hope you can shed some advice.

I have posted in the divorce forum but they were unhelpful. I thought some aussie out there might know some answers.

 
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