Applying for ESTA after greencard

[louise12345 0]

I have been a US green card holder for a few years but have moved back to the UK and I am waiting for my husband's UK visa to come through (I know the popular thing to do is stay in the US and get citizenship first but my green card renewal was delayed for over a year due to general immigration delays and we got fed up with delaying our move back). I want to go visit my husband in the US over Christmas (he cannot visit as UK immigration has his passport). I will have been out of the US for 6 months from the 17th December. Will this mean I have automatically abandoned my green card? Can I apply for an ESTA before the 6 months is up so I can book flights in advance or will I have to wait for the 6 months to apply. Should I expect any difficulties applying for an ESTA after abandoning my green card? I was going to fill out the relevant forms to abandon the green card but with less than a month to go I don't hold out much hope of it being processed in time for Christmas. 

 

Thanks in advance for your help.

[Roel 7,191]

You can't apply for ESTA because your green card is still valid. You'd need to officially give your green card away if you don't plan on living in the US and want to use ESTA instead.

[Boiler 43,433]

Sounds like you have not filed the I 407?

[Crazy Cat 39,226]

I don't understand how UK immigration has your husband's passport while he is in the US.........and I don't think you qualify for ESTA since you are a US green card holder..........It sounds like you don't really qualify as a US resident which means you should probably give up your green card, then apply for ESTA.  Having said that, your GC will probably allow you entry into the US......maybe after ansering some questions from CBP.

[louise12345 0]

Thanks for your replies. Boiler, hi from a fellow welsh person! No I haven't filed the I 407. If I file this (from the UK) how long is this likely to take? Is there any possibility of me travelling over for Christmas? I've not had great experiences with US or UK immigration delays, lol! Or can I wait until I've been out of the country for 6 months and 'abandoned' the green card then apply? 

[louise12345 0]

Just to clarify my husband has applied for a UK spouse visa so his passport is with the UK visas and immigration service while that is being processed. This is normal procedure. 

[theresaL 408]

I don't think I would be in quite such a hurry to give up your green card until your husband has his UK spouse visa in hand. If it were me, I would maintain my GC until things were certain. Other members may have more information than I do, but it's possible that VWP may not be available to you in the future and you would need a B visa to visit US.

[louise12345 0]

Thats why I haven't filed the I 407 yet. I just really want to be together for Christmas. I can only take time off at Christmas so cant travel on any other dates.

[Scandi 3,970]

It most likely won't be an issue for you to visit him during christmas using your greencard.

[JFH 12,189]

5 hours ago, Scandi said:

It most likely won't be an issue for you to visit him during christmas using your greencard.

I agree. Whilst you are not living in the USA so theoretically your GC is no longer valid, since your husband doesn’t have his visa yet I would hold onto the GC and use that. What if the visa is denied? I know the chances are slim but anything is possible. 

 

I would say say you are still in transition from one place to another. Your husband still has a home, I assume, in the US where you will be staying for Christmas? It’s not like you are going on holiday to Disney World and staying in a hotel. 

[EM_Vandaveer 2,369]

What stops you from using your still valid GC to enter the US?

[geowrian 22,335]

22 hours ago, louise12345 said:

I will have been out of the US for 6 months from the 17th December. Will this mean I have automatically abandoned my green card?

Shouldn't be an issue to enter the US using that card then.

Once you are all set to live in the UK together, then file the I-407.

Assuming you still qualify for an ESTA (i.e. never overstayed), you'll likely be granted it if you applied in the future.

[louise12345 0]

We ended the lease on our US apartment as we couldn't afford to pay for rent both in the US and the UK, so we would be staying with his parents for the Christmas period. I agree, I am very reluctant to give up my green card until my husband's visa is approved. I haven't been able to update the US gov with my address as my address is in the UK and my husband is currently living with various family members and friends. I don't know if this is likely to cause problems as I know you are meant to update your address ASAP when moving. We are definitely still in the transition of moving. 

 

I was under the impression it would be very difficult to return to the US on my green card after being away for 6 months without evidence of returning to the US with a job etc or proving you only returned to your home country temporarily due to a sick family member or similar. Does anyone have experience of this? It would be even more heartbreaking to get refused entry at POA. Just to clarify, I have a conditional green card which expired in Dec 2017. I applied to renew it and have received 2 notices from US immigration to explain that this is unlikely to be renewed until Spring/Summer 2019 due to general delays in processing. I would take both my expired green card and both these notices when travelling.