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green card do-over?

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Filed: AOS (apr) Country: Canada
Timeline

Hi everyone!

I have a few questions about my case that I would appreciate any insight on.

So here’s my situation. I came to the states on a K1 visa. I’ve been married 2 years now, and just received my letter in the mail for removing my conditions on my green card. I have to file before January 10th of 2013 or I’ll lose my status.

A couple months ago I got accepted into a school program in Canada that I wanted to take. My original plan was to wait until after I removed my conditions, received my permanent green card and then go take the program. Once I completed the program I would return and live in the States. After doing research it appears that you cannot be absent from the U.S. with a green card for periods longer than 1 year.

I’ve decided to go take the program, and forego my permanent green card. It’s a painful decision, but my husband supports it knowing how much I want to get into this program. We’ve decided to have a long distance relationship and work it out as we go along.

My questions are:

1) If my K1 visa process expires and becomes null and void, could I reapply later under a CR1 if I decide to move back? Or will they see my previous status expired and use that as grounds to deny me?

2) I still have my social security card- does this grant me any status in the U.S. in future? Do I return my card?

3) How do I file taxes while I'm out of the country?

I am torn about leaving, I know it sounds like a crazy decision, and there’s a lot I’ll miss about being here. I just feel the timing is impossible, unless I just give up my idea about going back to school.

Any ideas? Any advice? I would really appreciate any input. Thanks

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Well, your business is your business, but I'm quite curious as to what school program you're going to take in Canada that you can't take in the U.S. Unless it's something really specific, I can't imagine not trying to find a similar program in the U.S. You can still receive student loans etc.

In theory you could apply for permanent residency again in the future, but it's entirely possible (perhaps probable) that USCIS won't look too kindly on it -- it will likely appear to them (justified or not) that you didn't take permanent residency seriously enough the first time around. And they'll wonder, like I did, what it was in Canada that you couldn't take down here.

It really comes down to a decision of what's more important to you: going through with the process and remaining united with your husband, or going back to school in Canada. I personally can't imagine leaving my spouse to return to Canada for virtually any reason, but to each their own.


Married: 07-03-09

I-130 filed: 08-11-09

NOA1: 09-04-09

NOA2: 10-01-09

NVC received: 10-14-09

Opted In to Electronic Processing: 10-19-09

Case complete @ NVC: 11-13-09

Interview assigned: 01-22-10 (70 days between case complete and interview assignment)

Medical in Vancouver: 01-28-10

Interview @ Montreal: 03-05-10 -- APPROVED!

POE @ Blaine (Pacific Highway): 03-10-10

3000 mile drive from Vancouver to DC: 03-10-10 to 3-12-10

Green card received: 04-02-10

SSN received: 04-07-10

------------------------------------------

Mailed I-751: 12-27-11

Arrived at USCIS: 12-29-11

I-751 NOA1: 12-30-11 Check cashed: 01-04-12

Biometrics: 02-24-12

10-year GC finally approved: 12-20-12

Received 10-year GC: 01-10-13

------------------------------------------

Better to be very overprepared than even slightly underprepared!

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Filed: Citizen (apr) Country: Canada
Timeline

Hi everyone!

I have a few questions about my case that I would appreciate any insight on.

So here’s my situation. I came to the states on a K1 visa. I’ve been married 2 years now, and just received my letter in the mail for removing my conditions on my green card. I have to file before January 10th of 2013 or I’ll lose my status.

A couple months ago I got accepted into a school program in Canada that I wanted to take. My original plan was to wait until after I removed my conditions, received my permanent green card and then go take the program. Once I completed the program I would return and live in the States. After doing research it appears that you cannot be absent from the U.S. with a green card for periods longer than 1 year.

I’ve decided to go take the program, and forego my permanent green card. It’s a painful decision, but my husband supports it knowing how much I want to get into this program. We’ve decided to have a long distance relationship and work it out as we go along.

My questions are:

1) If my K1 visa process expires and becomes null and void, could I reapply later under a CR1 if I decide to move back? Or will they see my previous status expired and use that as grounds to deny me?

2) I still have my social security card- does this grant me any status in the U.S. in future? Do I return my card?

3) How do I file taxes while I'm out of the country?

I am torn about leaving, I know it sounds like a crazy decision, and there’s a lot I’ll miss about being here. I just feel the timing is impossible, unless I just give up my idea about going back to school.

Any ideas? Any advice? I would really appreciate any input. Thanks

If you stayed outside of the US for longer than a year and the rule is that you cannot do so without losing your green card, they you'll lose your green card status. You would then apply for the IR-1 visa since you have been married for longer than 2 years. This process takes about a year to complete from Canada and I'm pretty sure you'll have to wait until your present green card expires before you can apply for it. I wouldn't do it if I were you. But I don't know your whole situation.

You could just wait until you get citizenship. I don't think they'll take it away if you go to another country for a year after that.


 

IR-1 Visa Timeline (Service Center: Vermont)

image.png.806852c45242bc72b5f44a862566bdaf.png

 

N-400 Timeline (Field Office: Orlando, FL) & Voter Registration (Online)

image.png.c85e21010f669e0303f6fafb51f19f82.png

 

Passport Timeline (Submitted at USPS, Standard Processing, Standard Delivery, Locator number: 51) & SSA Update & Naturalization Certificate Receipt

 

03/23/2022: Application for passport submitted at USPS facility under standard processing.

04/04/2022: Status changed to “The U.S. Department of State has received your application for your passport book on 04/04/2022. We're now reviewing your application and supporting documents...Your application locator number is 51*******.

04/04/2022: Check for passport cashed.

05/03/2022: Status changed to "The U.S. Department of State approved your application for your passport book. We're now printing your passport book and preparing to give it to you. You should receive your passport book on or around 05/09/2022."

05/05/2022: Passport Received.

05/09/2022: SSA Citizenship Status Updated.

Pending...      Naturalization Certificate Receipt in Mail

 

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Remove conditions, apply for a reentry permit, renew that reentry permit during visits to the US at least once every 2 years while you are in the program. It is quite possible to study abroad while retaining permanent resident status.


Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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Remove conditions, apply for a reentry permit, renew that reentry permit during visits to the US at least once every 2 years while you are in the program. It is quite possible to study abroad while retaining permanent resident status.

Agree, unless this is a very long program or you don't plan to return after. In the meantime, maintain residency here (keep your name on the lease, file your taxes, etc.)

Your social doesn't give you any status but the number is yours for life.

Your k-1 visa expired the moment you entered the country so I assume you mean your 2-year visa. If you let your status expire or voluntarily give up your GC you can definitely file again for a spousal visa in the future. It isn't frowned upon and you aren't likely to have trouble doing so. On the contrary, following the rules is a good thing in the minds of USCIS.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Yes, why not get a reentry permit?

You can formally abandon the GC and get another one, there is no downside or questions about what happened to the first. It will just be the same as the first time (though in your case this time with a spousal visa). It seems unnecessary though. How long is the program?


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Citizen (apr) Country: Tunisia
Timeline

Hi everyone!

I have a few questions about my case that I would appreciate any insight on.

So here’s my situation. I came to the states on a K1 visa. I’ve been married 2 years now, and just received my letter in the mail for removing my conditions on my green card. I have to file before January 10th of 2013 or I’ll lose my status.

A couple months ago I got accepted into a school program in Canada that I wanted to take. My original plan was to wait until after I removed my conditions, received my permanent green card and then go take the program. Once I completed the program I would return and live in the States. After doing research it appears that you cannot be absent from the U.S. with a green card for periods longer than 1 year.

I’ve decided to go take the program, and forego my permanent green card. It’s a painful decision, but my husband supports it knowing how much I want to get into this program. We’ve decided to have a long distance relationship and work it out as we go along.

My questions are:

1) If my K1 visa process expires and becomes null and void, could I reapply later under a CR1 if I decide to move back? Or will they see my previous status expired and use that as grounds to deny me?

2) I still have my social security card- does this grant me any status in the U.S. in future? Do I return my card?

3) How do I file taxes while I'm out of the country?

I am torn about leaving, I know it sounds like a crazy decision, and there’s a lot I’ll miss about being here. I just feel the timing is impossible, unless I just give up my idea about going back to school.

Any ideas? Any advice? I would really appreciate any input. Thanks

I honestly encourage you to stay here and get done first with your permanent residency and citizenship. If I was the IO, and I've seen that you had a green card before and abandoned it, I will say the next time: If I gave her the green card the first time and abandoned living here, why should I give her a new one. She could stay in Canada. That is not for sure how it will go but if you had a jerk IO, he might do it. You could also get the green card second time easily, it's possible for both sides. Social security doesn't proove nothing, I was on F1 visa (Student) and I had a social security. You can't file taxes if you don't maintain the residency here. However I want to ask you something: Does your schoold offer pre-requestes online? If you have to take them, why don't you take them online for the next year and a half and get done with the citizenship? I mean it's possible to do that if it's available and it will help you in the long run. Once you are done with the pre-requestes and the citizenship, go to Canada and you won't be afraid of coming back here. Since you are a US citizen at that time and canadian you can go to canada live there and whenver you decide to come back, pick your US passport and cross the boarder. Good luck. I hope I helped.

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You can formally abandon the GC and get another one, there is no downside or questions about what happened to the first. It will just be the same as the first time (though in your case this time with a spousal visa).

I can't imagine how this would be so. Abandoning one's permanent residency, then reapplying a few years later WILL look suspicious, no doubt about it. Immigration is a luxury, not a right, and I can envision MANY immigration officers thinking that the would-be immigrant doesn't take the process seriously.

The bottom line is that there are better (and safer) options.


Married: 07-03-09

I-130 filed: 08-11-09

NOA1: 09-04-09

NOA2: 10-01-09

NVC received: 10-14-09

Opted In to Electronic Processing: 10-19-09

Case complete @ NVC: 11-13-09

Interview assigned: 01-22-10 (70 days between case complete and interview assignment)

Medical in Vancouver: 01-28-10

Interview @ Montreal: 03-05-10 -- APPROVED!

POE @ Blaine (Pacific Highway): 03-10-10

3000 mile drive from Vancouver to DC: 03-10-10 to 3-12-10

Green card received: 04-02-10

SSN received: 04-07-10

------------------------------------------

Mailed I-751: 12-27-11

Arrived at USCIS: 12-29-11

I-751 NOA1: 12-30-11 Check cashed: 01-04-12

Biometrics: 02-24-12

10-year GC finally approved: 12-20-12

Received 10-year GC: 01-10-13

------------------------------------------

Better to be very overprepared than even slightly underprepared!

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I can't imagine how this would be so. Abandoning one's permanent residency, then reapplying a few years later WILL look suspicious, no doubt about it. Immigration is a luxury, not a right, and I can envision MANY immigration officers thinking that the would-be immigrant doesn't take the process seriously.

The bottom line is that there are better (and safer) options.

Do you have any evidence of this? Why would an IO look down on someone who followed proper procedures to give up their GC when they were not living in the US instead of doing what many try to do and game the system in hopes of keeping their card when they aren't really living here? On the contrary, it shows they DO value the rules and process and aren't attempting to get the benefits of being an LPR while living abroad.

Immigration is a luxury and not a right but there is nothing weird or suspicious about turning in a GC because you don't live in the US and re-applying when you plan to move back.

Edited by ceadsearc

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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There is nothing weird about giving up the GC and reapplying when you move back to the US. There are even people on this board who have done this. A GC is for living in the US, but it does not mean you must live there forever. If you decide to leave, then you can. When you want to come back, you can reapply (if you have a petitionable relationship/work still).

There is nothing odd about it. You don't have to show the IO that you love the US or something, that's silliness.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Hi everyone!

I have a few questions about my case that I would appreciate any insight on.

So here's my situation. I came to the states on a K1 visa. I've been married 2 years now, and just received my letter in the mail for removing my conditions on my green card. I have to file before January 10th of 2013 or I'll lose my status.

A couple months ago I got accepted into a school program in Canada that I wanted to take. My original plan was to wait until after I removed my conditions, received my permanent green card and then go take the program. Once I completed the program I would return and live in the States. After doing research it appears that you cannot be absent from the U.S. with a green card for periods longer than 1 year.

I've decided to go take the program, and forego my permanent green card. It's a painful decision, but my husband supports it knowing how much I want to get into this program. We've decided to have a long distance relationship and work it out as we go along.

My questions are:

1) If my K1 visa process expires and becomes null and void, could I reapply later under a CR1 if I decide to move back? Or will they see my previous status expired and use that as grounds to deny me?

2) I still have my social security card- does this grant me any status in the U.S. in future? Do I return my card?

3) How do I file taxes while I'm out of the country?

I am torn about leaving, I know it sounds like a crazy decision, and there's a lot I'll miss about being here. I just feel the timing is impossible, unless I just give up my idea about going back to school.

Any ideas? Any advice? I would really appreciate any input. Thanks

Residency and physical presence are two seperate things for this discussion. You can be outside the US, return during breaks and complete your studies all while maintaining residency. Residency is where you indend to live after a temporary absence. Most colleges have very strict rules for establishing residency for paying in-state tuition--the same applies for maintaining your US residency. You need to research this and determine if you are able to maintain your residency in the US while not being physically present. If your husband is to remain in the US that is a very big plus. If he also moves, then that would look more like you are living in Canada. I would give up the GC rather than have it taken away for abandonment of your LPR status. Check out this website and do more research on which option is best for you.

I wish you well,

Dave

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Filed: AOS (apr) Country: Canada
Timeline

I really appreciate all of the input you guys have given me.

It is not my intention to disrespect the U.S. immigration system. I had all good intentions coming here, and still do, but find it's not in my plans right now.

I know many people would give their limbs to come to this country and legally be allowed to work, play and live. I was one of them, and I am not trying to belittle anyone's efforts, or act nonchalant about my situation. It is serious, and I've thought about it a lot.

One question I have to ask. Is there a proper way to discontinue my green card, as opposed to simply allowing it to expire? Do I hand it in at the point of entry? Do I mail it in?

Thank you all again for your help. It is much appreciated!

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You can formally relinquish it at the embassy. Why not get a reentry permit though? Then you can be out for 2 years without losing the GC.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Other Timeline

Just f.y.i. . . . if you go to school in Canada as a resident of Canada, you'd lose your residency and Green Card the next morning when you wake up. No need to wait for a year, no need to waste money on a reentry permit. If you, as a Canadian, were to go to school in the United Kingdom, you'd be an international student and could pull this off easily with a reentry permit. Not so as a Canadian moving back to Canada.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: AOS (apr) Country: Canada
Timeline

This may be an ignorant question, but why is that? Can they really tell? And is there still any proper etiquette regarding the surrender of my green card?

Thanks everyone!

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