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JackDp

Parents got Green Card, but may not use it

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Hi,

 

I'm US citizen thru naturalization and I've got the Green Card for my parents from Ukraine. The initial intention was for them to get permanent green card. Life makes correction, as always, and it seems they won't be able to live in US for 1 year+ to remove conditions from their green card. 

 

If we know they won't remove conditions from green card - what are the lawful options? Willingly forgive the green card by contacting consulate in Kiev? Can they get tourist visa instead? Can we repeat the green card process in future?

 

It was long and expensive process for them to get green card, I'm sad, but I want to leave them an option to come to California and still become green card holders.

 

thanks!


07.06.2009 - I-130 and I-485 delivered to USCIS Chicago office

07.10.2009 - personal checks cashed out

07.13.2009 - NOAs received

07.17.2009 - NOA for biometrics received

08.06.2009 - Biometrics passed

09.24.2009 - AP was send to me

09.24.2009 - EAD print ordered

09.28.2009 - AP delivered by mail service

10.02.2009 - EAD delivered by mail service

11.03.2009 - Interview in CA office

11.22.2009 - Welcome lettter

11.27.2009 - GC delivered by mail. Yahoo!

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There are no conditions to remove for non-marriage-based permanent residents. They should have a 10 year green card.

 

If they intend to live outside the US as their primary residence, they should relinquish the green card. This can be via an I-407 (https://www.uscis.gov/i-407).

They can then apply for a tourist visa. No guarantees, but this is often granted.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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How long do they intend to live out of the US?

If less than 2 yrs they can get a reentry permit. 


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Are there any timeli es for filing i 407?

They got GC in Feb 2018, they visited US once. I know they want to visit (not to stay) again.

Since we know they won't stay and keep living in Ukraine i'd like not to forgo the GC for as long as possible for obvious reasons.

 

Thanks!


07.06.2009 - I-130 and I-485 delivered to USCIS Chicago office

07.10.2009 - personal checks cashed out

07.13.2009 - NOAs received

07.17.2009 - NOA for biometrics received

08.06.2009 - Biometrics passed

09.24.2009 - AP was send to me

09.24.2009 - EAD print ordered

09.28.2009 - AP delivered by mail service

10.02.2009 - EAD delivered by mail service

11.03.2009 - Interview in CA office

11.22.2009 - Welcome lettter

11.27.2009 - GC delivered by mail. Yahoo!

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28 minutes ago, JackDp said:

Are there any timeli es for filing i 407?

They got GC in Feb 2018, they visited US once. I know they want to visit (not to stay) again.

Since we know they won't stay and keep living in Ukraine i'd like not to forgo the GC for as long as possible for obvious reasons.

 

Thanks!

Are they filing tax returns as green card holders? 

Your best action is to surrender the green card and then apply for a tourist visa. Giving up a green card voluntarily is about the strongest way you can show you don’t have immigrant intent, so it should be quite straightforward for them to get a tourist visa. There’s no point in having a green card just to visit occasionally, apart from anything else like the tax returns etc they could have trouble using it to enter if they’re not actually living in the US. 

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