Form I-407 with IR1

[K&E2009 71]

Hello all!

 

Some background: 

 

I entered the US on a K-1 Visa back in 2012. 

Conditional Green Card was approved. 

10 Green Card was approved (I have the letter, but I left the US  in August 2015 before receiving the actual Green Card). 

I am still married to my USC wife, we just live overseas. 

I have traveled to the US on vacation multiple times over the last 3 years. The only question I have been asked at the port of entry was 'Where do you live?', which I answered honestly. Nobody has asked my immigration status or for a copy of my green card etc. upon entry. 

 

Fast forward to now...

We are deciding to return to the US. 

In doing research, I have seen that if you haven't used your Green Card to enter the US - then it automatically gets cancelled after 1 year. Ok, no problem - we are happy to start over with the IR1 application. 

However, I have seen a recommendation to file the I-407 form to formally abandon my previous Permanent Resident Status, before my wife petitions for me. No problem doing that, except I don't have the physical green card (10 year) as I never received it - so not sure if its worth filing I-407. 

 

Questions for the knowledgeable:

1. Are there potential negative consequences to not filing the I-407 when entering a new IR1 application? 

2. If my GC automatically gets cancelled... then why the need for the I-407?

3. If I do file the I-407, is it better to send it to the relevant office BEFORE the i-130? Or does this matter?

4. If I do file the I-407, will I receive confirmation that it has been accepted?

5. What would you do in my position?

6. Anything else I should consider?

 

Apologies if this is in the wrong place, the information on this situation seems a bit scarce as I guess its not too common of a situation. 

 

Many thanks!

 

 

 

 

 

[geowrian 22,336]

A green card can expire, but LPR status doesn't automatically terminate, even with a year abroad. It does create a presumption of having abandoned permanent residency, which does sound like was the case here. So you could, in theory, return to the US and try to enter on the green card (if you had it still...). They would have either admitted you, paroled you, or paroled and detained you. Or you could have abandon residency there.

Being abroad since 2015 with only occasional stops in the US is more likely to be one of the parole options, with the case being referred to an immigration judge.

How did you visit the US in the past since you said you didn't have a green card? ESTA?

 

You can file the I-407 at the consulate/embassy abroad to formally relinquish your LPR status. Then you can file the I-130 immediately afterwards.

I'm not sure if they need a physical green card...I doubt it since one can lose the card.

[TM92 527]

9 minutes ago, geowrian said:

You can file the I-407 at the consulate/embassy abroad to formally relinquish your LPR status.

But USCIS requires OP to submit the I-407 in person or by mail to the London Field Office; "Where to File" https://www.uscis.gov/i-407. Unless the OP "needs to have his/her abandonment application expedited in order to apply for an A or G visa" for example. Or am I mistaken?

Edited August 1, 2018 by TM92

[geowrian 22,336]

7 minutes ago, TM92 said:

But USCIS requires OP to submit the I-407 in person or by mail to the London Field Office; "Where to File" https://www.uscis.gov/i-407. Unless the OP "needs to have his/her abandonment application expedited in order to apply for an A or G visa" for example. Or am I mistaken?

No, that's correct. Not sure how that differed from what I stated (sorry if I was unclear on something?)...other than explicitly saying it needs to be at an embassy/consulate with a USCIS office (which the closest is London, as noted).

[TM92 527]

53 minutes ago, K&E2009 said:

If I do file the I-407, will I receive confirmation that it has been accepted?

If you go to London in person this might happen; http://www.alllaw.com/articles/nolo/us-immigration/why-voluntarily-abandon-green-card-i-407.html:

Quote

The consular officer will interview you to make sure that you understand the consequences of giving up your U.S. residency, and that you are doing so voluntarily. Then you'll get a copy of your form I-407, which will help you in the future if you're applying for a U.S. visa or entry, to avoid confusion about your earlier status.

But if you mail it the London Field Office requires you to enclose a stamped, self-addressed envelope; https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office. I'm guessing the envelope is to send you a copy of the I-407.

[K&E2009 71]

15 hours ago, geowrian said:

A green card can expire, but LPR status doesn't automatically terminate, even with a year abroad. It does create a presumption of having abandoned permanent residency, which does sound like was the case here. So you could, in theory, return to the US and try to enter on the green card (if you had it still...). They would have either admitted you, paroled you, or paroled and detained you. Or you could have abandon residency there.

Being abroad since 2015 with only occasional stops in the US is more likely to be one of the parole options, with the case being referred to an immigration judge.

How did you visit the US in the past since you said you didn't have a green card? ESTA?

 

You can file the I-407 at the consulate/embassy abroad to formally relinquish your LPR status. Then you can file the I-130 immediately afterwards.

I'm not sure if they need a physical green card...I doubt it since one can lose the card.

 

I have been entering over the last few years on ESTA. 

 

Thank you for the reply!

[K&E2009 71]

14 hours ago, TM92 said:

If you go to London in person this might happen; http://www.alllaw.com/articles/nolo/us-immigration/why-voluntarily-abandon-green-card-i-407.html:

But if you mail it the London Field Office requires you to enclose a stamped, self-addressed envelope; https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office. I'm guessing the envelope is to send you a copy of the I-407.

Realistically, I will be submitting by mail. Thank you for your reply!

[K&E2009 71]

What I am gathering here is that it is best to complete form I-407, wait for the "receipt" of acceptance and THEN file the I-130.

 

Thank you all!

[geowrian 22,336]

5 hours ago, K&E2009 said:

I have been entering over the last few years on ESTA.

Then yes you have abandoned residency since you have been entering as a non-immigrant.

5 hours ago, K&E2009 said:

What I am gathering here is that it is best to complete form I-407, wait for the "receipt" of acceptance and THEN file the I-130.

[TM92 527]

10 hours ago, K&E2009 said:

Realistically, I will be submitting by mail. Thank you for your reply!

Now I'm just curious: how are you going to get the UK stamp(s) for the stamped, self-addressed envelope; unless you already have some (https://www.reddit.com/r/AskEurope/comments/64e8fi/if_i_have_stamps_of_eu_country_x_can_i_use_them/). Are you going to travel (drive, etc.?) to an UK post office in Northern Ireland?