Please, Help me!

[lilpinay 59]

I need help, Please!

I have been married in the states, Tucson AZ last 2008, stayed and work there for at least 3 years, but my husband decided to come and live here in the Philippines for good and convinced me not to get a citizenship since we are not going back to the states anyway, so we came here last 2011, but after 5 years of living here my husband suddenly abandoned me and left me with someone else, leave me with nothing, even took our savings and changed the password of our joint Bank of America account. Now, I want to go back to the states to divorce him, to start my life once again, but I can't go back due to my green card being expired long time ago. What would I do to go back? What kind of visa would I apply for? Please I really need help. Thank you so much

[RodDetroit 118]

you abandoned your status as Permanent resident when you left the US for longer than 6 months, you would have to apply for a tourist visa which would only let you visit the country up to 6 months.

[Ortolan 381]

You can't come back to the U.S. to live, as your Green Card has expired, and can't be renewed. You can come back possibly as a tourist but not to stay.

[DHLP 0]

I think you could still apply for the removal of condition that will give you 10 years of permanent residency here using hardships as your reason. And as long as you still have your papers showing you are still married to your husband. I'm just assuming you two still are since youdidn't mentioned "divorced". When he petitioned for you to come here the first time, he signed the papers saying he is responsible for you.

[RodDetroit 118]

I think you could still apply for the removal of condition that will give you 10 years of permanent residency here using hardships as your reason. And as long as you still have your papers showing you are still married to your husband. I'm just assuming you two still are since youdidn't mentioned "divorced". When he petitioned for you to come here the first time, he signed the papers saying he is responsible for you.

that makes no sense, they spent more time in the Philippines as a married couple than in the US. she wont get a GC unless she moves back to the US with her US husband ,

[Penguin_ie 5,999]

I think you could still apply for the removal of condition that will give you 10 years of permanent residency here using hardships as your reason.

Incorrect, as she abandoned residency several years ago.

Op- you have no path to a US greencard at this time. You would need to rely on your husband to file for divorce in the USA, as Phils doesn;t have divorce.

[lilpinay 59]

Thank you all for your response, yes, I think I won't have any chance to go back using my green card anymore. I will try to apply for a tourist visa instead. I need to go back to divorce my husband, I need to start my life once again. I can't rely on my husband to file a divorce, since I don't even know where he is right now. What I want to know is, do I have a big chance of getting approved? I'm afraid of getting denied for I don't have much funds right now. I am planning to sell my house and use the money as show money, but I've also read that recently big deposit amount to your bank account is questionable and would definitely the reason for you getting denied..

[Unlockable 7,318]

1. I'm pretty sure you can start the divorce from the PHL. You can look online for divorce lawyers that deal with international cases. You can email them and ask if it doable.

2. If you go the tourist route. You have to show ties to your home country. Right now your home is the strongest tie. If you sell it, you will lose that advantage. Plus if you sell it, the immigration officer will think you are preparing to stay in the US.

[Greenbaum 12,260]

Thank you all for your response, yes, I think I won't have any chance to go back using my green card anymore. I will try to apply for a tourist visa instead. I need to go back to divorce my husband, I need to start my life once again. I can't rely on my husband to file a divorce, since I don't even know where he is right now. What I want to know is, do I have a big chance of getting approved? I'm afraid of getting denied for I don't have much funds right now. I am planning to sell my house and use the money as show money, but I've also read that recently big deposit amount to your bank account is questionable and would definitely the reason for you getting denied..

If you file the divorce against your husband you will also have to go through an annulment in the Philippines to remarry. But if you can find him and have him file the divorce, just tell him you will never contact him again. The fact that he files against you will allow you freedom to marry and no additional annulment is needed. You will have to register the divorce but that is less of a hassle and for very little money.

Keep the house. It shows strong ties to the Philippines. It's going to be a tough go at getting a visa as you had already been in the US and now you want to go back. Seems your case is weak so don't get your hopes up. I say save your money and just spend it on trying to locate him. Hiring a Private Investigator might be worth the money. Most can find anyone.

The Embassy will ask a lot of questions about what happened, so do some research and see how you can phrase your answers if you decide to go ahead with the tourist visa. Keep in mind you should always be truthful with your answers to a CO.

Edited July 19, 2016 by Greenbaum

[lilpinay 59]

I have two properties, I am thinking of selling the other one to use for applying a tourist visa and make the other property as my ties to the Philippines. I also secure a job that would likely make them think I have a reason to come back here. About the annulment, I don't think I have to do that coz we did not register our marriage here, we only legally married in that states, one reason why I have to go and divorce him my self, Filling an abandonment divorce is my best option since I can't locate my husband.

About filing the divorce here, I have been reading and actually has the divorce form already but it says I have to show up to court for the decision, so it means I really have to go personally..

[j&ana 380]

To be honest I have heard that it is very hard to get a tourist visa from the Philippines especially one for a single female. Yes it might be a red flag if you sell a house in all of sudden have a lot more money in the bank. Getting a job there will help, but you will most likely need more then that. the more ties to your country job school family bank etc etc the better

good luck

[denali1022 26]

Depending on which state the divoce is filed in you may not need to be present. I know for sure New York does not require you to be present if it is uncontested. It is better if he files it in the states because it will be recognized in Phil and you can remarry. You can probably file it yourself and ask for maintenance. At the very least let your husband know that you intend to ask for maintenance unless he files it himself.

[Scot_Christy 1]

If there was application of adjustment of status your marriage is reported to the USCIS. You should go to NSO to see what your marriage status is. You might find a surprise that youre really married according to Philippine law

[LKMK 86]

You should check with NSO to see if your CENOMAR is clear in the Philippines. If it is clear things will be much easier. If your CENOMAR shows you are married, is your husband a US Citizen or a foreigner (not a Filipino)? According to Philippine law the foreigner has to divorce the Filipina, it can't be the other way around. You cannot divorce your husband in the US and then clear your CENOMAR. Instead you will need to seek an annulment in the Philippines. If your CENOMAR is clear in the Philippines and you want to seek a divorce in the US you will need to seek a divorce the state you were married in or the state you last resided in. This will clear your marriage in the US. I would definitely consult a divorce attorney in AZ because most of the time you can make a motion asking the court to allow you to serve your spouse by publication in the newspaper. In most states, you’ll also have to submit an affidavit or certification explaining and documenting all your attempts to find him. If unable to pay, the Petitioner can ask the court to postpone ("defer") or forgive ("waive") payment by filing a written application with the Clerk of Superior Court. If that is the case I would consult an attorney in the US. Hope that helps a little. Good luck!