green card do-over?

[~*miss canadia*~ 0]

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

[Wyatt's Torch 45]

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.

[bsd058 296]

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.

[hmh33 117]

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.

[ceadsearc 515]

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.

[Harpa Timsah 13,258]

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?

[BigDaddy28 228]

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.

[Wyatt's Torch 45]

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.

[ceadsearc 515]

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 November 28, 2012 by ceadsearc

[Harpa Timsah 13,258]

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.

[Dave&Roza 748]

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

[~*miss canadia*~ 0]

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!

[Harpa Timsah 13,258]

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.

[Brother Hesekiel 2,235]

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.

[~*miss canadia*~ 0]

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!