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walbers

anyone here ever surrendered their GC and then applied for tourist visa in China? in particular in Guangzhou

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Filed: IR-1/CR-1 Visa Country: China
Timeline

I am an AC, my wife is a Chinese national. She received a green card almost 2 years ago, unfortunately my job situation changed and we didn't repatriate as expected and it looks like we'll be staying in China for at least a couple more years.

She went to the States on the GC 2 years ago this Christmas holiday and hasn't been back since then. I understand that it's considered she's abandoned the residency and that's OK. Our plan is to visit family again this Christmas so we plan to surrender the GC and then reapply for a tourist visa and hope that giving up the residency is proof enough that she'll return to China and they'll grant the visa.

My question is whether anyone on the forums has had a similar situation and what was the result in getting the tourist visa? My wife was denied two tourist visas prior to our marriage. It would crush her if she were to be denied again. I have no problems with going back through the immigration process when it comes time to move back but for the next few years we'd just like the freedom to visit the States freely for a week or two at a time.

thanks for any comments.

Regards

Will

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Filed: Lift. Cond. (apr) Country: China
Timeline

Several embassies have similar pages on formally abandoning your Legal Permanent Resident Status. She may need to do this since a green card on record may cause the visa application to be rejected, even though the green card might no longer be valid for travel to the U.S.

Abandoning Legal Permanent Resident Status

Returning to or Rescinding Legal Permanent Resident Status -

If you intend to travel to the U.S. as a non-immigrant, you may wish to file an Abandonment of Lawful Permanent Resident Status Form I-407 to clarify your status. Former LPRs will usually be asked to execute this document and surrender their I-551 (green card) before being issued a non-immigrant visa. The I-407 can be executed on the same day as your non-immigrant visa interview before the interviewing Consular Officer.

I'm sure the above also applies when applying for an IR-1 visa after a long absence. The form I-407 clarifies your present status - if you have not attempted to use a previous green card, it may still be on record as being valid. In other words, when returning to the US after an extended absence but before the green card expiration date, your green card may still be on file as valid. The Immigrations Officer, however, may decline your entry and revoke your green card. To clarify the situation, you may wish to have your spouse file a new I-130, and file the I-407 to conclusively show abandonment of the green card.

The DS-117 may allow you to determine your status before you return.

Maybe someone else can respond to this with knowledge or actual experience.

Edited by RandyW

玉林,桂 resident
Feb 23, 2005 ........ Mailed I-129F to TSC . . . . . . . . .March 8th ............. P1 from CSC
April 11 ................. P2 from CSC . . . . . . . . . . . . . . . . .April 25 ................ NVC sends packet to GUZ
June 22 ................ P3 received . . . . . . . . . . . . . . . . . .Nov 22 ................. PASSED Interview
Dec 2 ................... Made it! . . . . . . . . . . . . . . . . . . . . .Dec 16 .................. Married
May 23, 2006 ..... TDL, EAD, AP received. . . . . . . . . June 16, 2006 ........ AOS interview - wait for FBI bkgrnd check
Apr 19, 2007 .... EAD # 2. . . . . . . . . . . . . . . . . . . . . . Oct 7, 2008 ......... 10-year green card
- - - - - - - - - - - - - - - - - - - - - - - - - - K2 (son) - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dec 2 ..................... AOS/EAD filed . . . . . . . . . . . . . .Dec 17 ................... 21st birthday
Jan 4, 2007 .......... transferred to CSC . . . . . . . . . . . Feb 6, 2007 ............ transferred to MSC
Feb 23 .................... EAD card . . . . . . . . . . . . . . . . . . .Apr 16 .................... AOS denied (over 21)
Jul 26 .................... Master Calendar hearing . . . . . . Nov 15 ...................... Removal hearing
Jan 29, 2008 ........ Voluntary departure

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Hi Randy

yes.....I'm aware that we should surrender the card via I-407 and then file for the visitor visa. I have been advised that this bodes well for granting a visitor visa as surrendering the card shows non-intent to immigrate. Just wanted to know if anyone else had actually done it and whether anyone could advise how successful it is to be granted the visitor visa after giving up residency.

thanks!

best regards

Will

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