Wife abandoned in foreign country, need serious help please!

[Rebuilt 9]

Hi everybody, I have a big problem and I don´t know where to ask for help. My husband and I got married in 2004, he was in the military back then. I got my CRC and then 2 years later my PRC, valid until 2018. He got out of the Army in 2005 after his second deployment and we lived in America as husband and wife in different addresses. After his honorable discharge he just worked a whole total of about 6 months, the rest of time it was me the one supporting the household. It came to a point where the situation became economically speaking unbearable and we decided to go back to Spain to take a break. Here we found a lot of problems as well, my father passed away in 2012 and my mother had been very ill with arthritis. Our 9 year old dog also got an osteosarcoma and we had to let him go in January 2014. During the whole time in Spain, my husband doesn´t show any interest whatsoever in working his way through things, learning the language or integrating in my family, even though my parents were the ones supporting him, aside from a few sporadic jobs I managed to land. So in May 2014 we decided that he´d go back to Florida, where his best friend lives and works for the VA, so he can have help about his veteran status (during all the time we were in America my husband refused to do anything about it, despite my intent to have him get help for his issues). We both agree that I´d join him as soon as everything is settled. I took the time in Spain to study my vocational degree and related courses I needed to work in the maritime industry.

So he gets to Florida, gets settled at the VA, gets a compensation of over $20.000 and a disability payment of $1.500 every month. He never sent any money to Spain to help me, even though he has me claimed as his dependent. Two months ago I found out that he´s been cheating on me and when I get to finally confront him about it, he shows up through Skype and tells me that he´s very sorry and confused. 10 minutes conversation and that´s the last time I talk to him. After that day he´s completely refused to talk to me anymore and also he´s closed the joint bank account that we had in common. Let me add that I never once did even bother to register in said account, since I had full trust on my husband, it was only after finding out about his affair that I finally registered and saw his debauchery.

So I found out that my PRC might have been revoked, went to the Embassy and after paying a $180 fee for a returning resident visa they treated me like trash and they didn´t even allow me to explain anything. They told me that I should start the process all over again and gave me back my GC. Of course my husband is completely lost and I cannot do anything about it other than waiting for divorce (if he asks for it, which I highly doubt since like I said, he´s claimed me as a dependent to get more money and also he asked me my SSN for tax purposes).

Anybody can shed some hope and light on my situation? I had no idea about the repercussions of not being able to go back to America in due time, I couldn´t even do so since we had no income whatsoever. I have thought of just going there and ask to talk to an immigration judge about this, since I have no other option. I simply thought that my PRC would be like some sort of passport for foreigners, it was arranged by the military staff back in the day and they never once informed me about anything. Needless to say, I married my husband in complete good faith, I could have even asked for citizenship in its due time but never bothered to do so, since I always thought that my tie to America was my husband.

This is pure desperation. I hope somebody can give me any good insight. Thanks in advance.

[bullandre 8]

The first question is: when was the last time you visited America? Apart from filing joint tax returns, what other ties did you maintain to the US? (I strongly suspect that your status is considered abandoned).

[aleful 1,905]

hi

nope, the GC is for living in the US, at least before leaving the country you should have filed for a reentry permit, that allows you to be out of the US for at least 2 years without losing your GC

after a year of being out of the country you loose your residency

the other option would have been to wait until you could file for citizenship, once you were a USC, how many years abroad wouldn't matter

there is nothing you can do now, unfortunately your husband abandoned you, divorce and move on

[aaron2020 11,651]

Hi,

Sorry about your situation.

Until an immigration judge terminates your LPR status, you may be allowed back into the US on your green card. I say "may." It's up to the CBP to let you in or parole you in and refer you to the immigration court.

You can not be claimed as a dependent on your husband's tax return. A spouse is never a tax dependent. He can only file a joint return with you, and that requires your signature. He is committing tax fraud if he is filing a joint tax return.

If the marriage is over, you can file for divorce from Spain. You can report him to the IRS for fraud.

Best of luck

[aaron2020 11,651]

hi

nope, the GC is for living in the US, at least before leaving the country you should have filed for a reentry permit, that allows you to be out of the US for at least 2 years without losing your GC

after a year of being out of the country you loose your residency

the other option would have been to wait until you could file for citizenship, once you were a USC, how many years abroad wouldn't matter

there is nothing you can do now, unfortunately your husband abandoned you, divorce and move on

Hi,

There is no such thing as automatic loss of LPR status. A person can be deemed to have abandoned his/her LPR status, but CBP at the POE would have to refer that person to an immigration judge to determine that person's status. Due process is required.

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.
• Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
  • The reason for your trip;
  • How long you intended to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.
  • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
• Fail to file income tax returns while living outside of the United States for any period.
• Declare yourself a “nonimmigrant” on your U.S. tax returns.

The operative word is "may."

http://www.cundyandmartin.com/losing-permanent-residence-because-of-travel.html

How will the Immigration Service know how long I’ve been gone?

This typically occurs either at the time you return to the U.S. and come through customs or when you apply for citizenship and the Immigration Service inquires about your travels.

It is important to note that you have the right to contest the Immigration Service’s allegation that you have abandoned your residence.

In order to prevail on a finding that someone has abandoned her green card status, the Immigration Service must prove byclear, unequivocal and convincing evidence that residence has been abandoned.

If it was not your intent to abandon your residence and you maintained strong ties to the U.S., do not be intimidated by the Immigration Service merely because an immigration officer makes allegations of abandonment – make them prove it!

[Rebuilt 9]

The first question is: when was the last time you visited America? Apart from filing joint tax returns, what other ties did you maintain to the US? (I strongly suspect that your status is considered abandoned).

I entered America in 2004 and we got married. Then we left to go to Spain in 2010 and had to be there until now (my husband went back last May 2014 to solve his paperwork and get thing settled, it was a mutual agreement and basically he´s been lying to me the whole year until I had to find out through his mistress that he was cheating on me)

hi

nope, the GC is for living in the US, at least before leaving the country you should have filed for a reentry permit, that allows you to be out of the US for at least 2 years without losing your GC

after a year of being out of the country you loose your residency

the other option would have been to wait until you could file for citizenship, once you were a USC, how many years abroad wouldn't matter

there is nothing you can do now, unfortunately your husband abandoned you, divorce and move on

I had no idea about all these proceedings, and my husband always told me that everything was ok with my green card. As a matter of fact, he opened the joint bank account and put my name on it based on my GC and SSN

Hi,

Sorry about your situation.

Until an immigration judge terminates your LPR status, you may be allowed back into the US on your green card. I say "may." It's up to the CBP to let you in or parole you in and refer you to the immigration court.

You can not be claimed as a dependent on your husband's tax return. A spouse is never a tax dependent. He can only file a joint return with you, and that requires your signature. He is committing tax fraud if he is filing a joint tax return.

If the marriage is over, you can file for divorce from Spain. You can report him to the IRS for fraud.

Best of luck

That´s what I thought, about the immigration judge. I just want to be heard and have some right to justice. I have been supporting a veteran soldier for almost the entire duration of my marriage, and I have been lied to.

As far as the taxes, I´m not sure why would he want my SSN, but he asked me for it before I found out about the whole ordeal. He also listed me on his past year insurance policy for his card (I guess also for tax purposes) and I´m almost certain he had also claimed me as a dependent at the VA.

[Rebuilt 9]

Due process is required.

The operative word is "may."

Exactly my thoughts. I have never once intended to lose my status, I just have no knowledge of what my duties were due to my husband´s lies. On repeated occasions I asked him about it, and he always told me that I was ok. He was always the one doing taxes while we were in America, of course now before I go I will settle things with the IRS. I positively want to stay in America regardless of my husband´s wrongdoing and want to amend things.

I also was never aware of having to notify USCIS about our changes of address. Another thing my husband never told me.

Can anybody enlighten me about those two things (and whatever else might escape me)? Thank you very much. I am fully willing to make the States my residence and will work hard for it. I also do not intend to be a burden on anybody, I have a friend who can let me stay at her house and I intend to work in the yacht industry.

It´s just really difficult to fight for my rights and be up to my obligations from my home country. I have no idea where to start from, specially after having been depending of my husband for all the paperwork (big mistake, I know, which I shall not do again). Plus all the distress that caused me to find out that the person I supported and trusted the most had played me like if I was a used tissue

Edited July 25, 2015 by Juani

[tuckin14 58]

You really need a lawyer. This forum is a self-help community, enough for you to understand the predicament you're in. But it's beyond the point where you can really manage it yourself.

Staying abroad for 5 years sounds a lot to me as an uninformed observer like you intended to abandon your USA residency. But it's not my opinion that counts.

[Hypnos 6,576]

Unfortunately you have abandoned your status.

If you wish, you could travel to the US, and ask for a hearing on front of an immigration judge. After five years outside of the US you have basically no chance of convincing them that you did not abandon your residency though.

Divorce and move on. Sorry this happened to you.

[bullandre 8]

Exactly my thoughts. I have never once intended to lose my status, I just have no knowledge of what my duties were due to my husband´s lies. On repeated occasions I asked him about it, and he always told me that I was ok. He was always the one doing taxes while we were in America, of course now before I go I will settle things with the IRS. I positively want to stay in America regardless of my husband´s wrongdoing and want to amend things.

I also was never aware of having to notify USCIS about our changes of address. Another thing my husband never told me.

Can anybody enlighten me about those two things (and whatever else might escape me)? Thank you very much. I am fully willing to make the States my residence and will work hard for it. I also do not intend to be a burden on anybody, I have a friend who can let me stay at her house and I intend to work in the yacht industry.

It´s just really difficult to fight for my rights and be up to my obligations from my home country. I have no idea where to start from, specially after having been depending of my husband for all the paperwork (big mistake, I know, which I shall not do again). Plus all the distress that caused me to find out that the person I supported and trusted the most had played me like if I was a used tissue

The status of your green card and your husband's lies are separate issues. It's not the responsibility of your husband nor the military to inform you about immigration law. Do what aaron2020 suggested and book a ticket to the US and see what happens. Just keep in mind that your husband's infidelity has nothing to do with your extended stay abroad. I would try to come up with mitigating factors to explain why I didn't intend to abandon my status.

[Rebuilt 9]

Five years is a long time, I won´t argue that. Like I said, a series of unfortunate events happened one after the other. My grandmother died back in 2008, while I was still in America, and I could not attend her funeral. Then when we went in 2010, as we arrived my mother had to check in into the hospital due to her health problems. As she gets out, my father starts getting ill and passes away in 2012. Funeral arrangements, my mother´s grief, I´m sure you can imagine. Then our beloved dog gets osteosarcoma and passes away too. I took the time to study my degree and my husband comes back in May 2014, and never tells me anything about my GC. Being he was a veteran and everything was always so easy with paperwork due to him being in the military, I never worried about it. Lots of mistakes, but I always intended to come back to America.

[Rebuilt 9]

The status of your green card and your husband's lies are separate issues. It's not the responsibility of your husband nor the military to inform you about immigration law. Do what aaron2020 suggested and book a ticket to the US and see what happens. Just keep in mind that your husband's infidelity has nothing to do with your extended stay abroad. I would try to come up with mitigating factors to explain why I didn't intend to abandon my status.

I fully intend to do so, which is why I also need to settle things at the IRS, now that I´m aware of my difficult situation. I also do not believe in divorce, if my husband wants one there´s nothing I can do about it though But I would think that after almost 11 years of good faith marriage I should have the right to at least defend my rights

I also need to know the legal implications of not notifying USCIS about my changes of address and how can I amend that.

Right now, I have no money to hire an attorney, much less from Spain. Nobody can help me here, which is why I intend to work and fully develop my skills and the degree and certificates I earned

[Sandra G. 5,051]

https://help.cbp.gov/app/answers/detail/a_id/75/kw/travel%20with%20expired%20green%20card/session/L3RpbWUvMTQzNzg2NDA0OS9zaWQvNFludGhoc20%3D/suggested/1

[Transborderwife 4,666]

( But I would think that after almost 11 years of good faith marriage I should have the right to at least defend my rights

You do not have a right, you have a privilege. Hopefully you will get the chance to defend this privilege.

[Rebuilt 9]

You do not have a right, you have a privilege. Hopefully you will get the chance to defend this privilege.

Yes, the GC is a privilege, I also intend it as that. I was talking about my rights as a wife. Right now I am in a legal limbo, as you can see.

https://help.cbp.gov/app/answers/detail/a_id/75/kw/travel%20with%20expired%20green%20card/session/L3RpbWUvMTQzNzg2NDA0OS9zaWQvNFludGhoc20%3D/suggested/1

My GC is not lost, stolen or expired. It´s valid until 2018