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CptSupermrkt

Abandoning green card and renewing it several years down the line?

By CptSupermrkt in IR-1 / CR-1 Spouse Visa Process & Procedures

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CptSupermrkt Rookie

CptSupermrkt   1

Posted
Filed: Timeline
Posted

We're leaving the U.S. to return to my wife's country. We have every intention, currently, of living there permanently. As I understand it, this means she will be abandoning her visa status.

What if, say 5 years down the line, I strike a great job that's back in the U.S. and requires us to move back here? Will she need to go through the *entire* 1+ year long nightmare process from scratch? Or would she be eligible for some kind of fast track to simply renew her green card (which at that point would have been expired for years)?

2013-04-10: I-130 sent to Chicago

2013-04-15: I-130 received by USCIS (e-mail/text message)

CptSupermrkt Rookie

CptSupermrkt   1

Posted
Filed: Timeline
  • Author
Posted

You would use whatever process was available at that time if any.

I mean, if this were happening now (i.e. say we left 5 years ago when she previously had a green card, and are now returning to the U.S.), does any process currently exist? Or would she have to go through the whole thing over again as if she never had a green card before?

2013-04-10: I-130 sent to Chicago

2013-04-15: I-130 received by USCIS (e-mail/text message)

Merrytooth Mentor

Merrytooth   5,748

Posted
Filed: Lift. Cond. (apr) Country: Singapore
 Timeline
Posted

You have to start from scratch for the whole spousal visa, no special concession.

If there is Direct Consular Filling option in your wife's country, you can do that as well.

Otherwise, your wife could have applied for US citizenship before planning to leave.

Done with K1, AOS and ROC

Unlockable Mentor

Unlockable   7,322

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted (edited)

You won't renew the green card. You will reapply for another one.

As mentioned, you will have to start over again with a spousal visa.

If you can you can wait until your wife can naturalize and once she is a USC you and her can come and go as you please for however long you like.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Pitaya Grand Master

Pitaya   2,577

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

The purpose of the US immigration process is to immigrate to the US and to live in the US. Variations in that process typically result in issues, such as, surrendering of GC and termination of LPR status. The immigrant then generally has to start the immigration process anew.

YMMV,

Good luck on your immigration journey.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Ketsuban Experienced

Ketsuban   1,035

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
Posted

If she enters the USA once per year she should be able to avoid losing the greencard. We are in that boat and having to completely go through the process again.

Don't recommend this at all. If you're not planning to live in the US then don't apply for a Green Card. CBP know when people are gaming the system.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

Kastrs Experienced

Kastrs   723

Posted
Filed: Citizen (pnd) Country: Pakistan
 Timeline
Posted

If she enters the USA once per year she should be able to avoid losing the greencard. We are in that boat and having to completely go through the process again.

A GC is for living in the US, not visiting. In order to maintain the GC a perm resident needs to spend more time in the US than out. A reentry permit would be the only way to extend the time allowed outside the US without risking loosing status.

Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 
Eric-Pris Experienced

Eric-Pris   1,607

Posted
Filed: Citizen (apr) Country: Costa Rica
 Timeline
Posted

If she enters the USA once per year she should be able to avoid losing the greencard. We are in that boat and having to completely go through the process again.

Yeah, she can enter once a year and stay in he US for more than 6 months of each year, then yes, it would work. Just coming and leaving a few days later won't work.

Cathi Veteran

Cathi   5,849

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted

If she enters the USA once per year she should be able to avoid losing the greencard. We are in that boat and having to completely go through the process again.

this is not true. A green card is for LIVING in the US, not using it to visit.


churawan Contributor

churawan   14

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted (edited)

Well it appears by the very limited info on your timeline that she arrived in late 2013 or early 2014??? If so she will be coming up on her 3 year timeline for citizenship... Why not just wait till that completes and then you can come and go as you please... I made sure my wife got her's before we even considered leaving the USA for our retirement... You have spent a lot of time money and effort to get this far, why would you through that all away??? Think it over the N400 process is pretty quick and straight forward... Then you are completely finish with INS forever... Great feeling trust me...

Edited by churawan
 
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