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louise12345

Applying for ESTA after greencard

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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.

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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.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Sounds like you have not filed the I 407?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.


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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? 

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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.

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


K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

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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. 


 

 

 

 

 

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


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

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INTERVIEW DATE!!!! 12/20/2011

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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.


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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

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3/30/17: NOA2 hard copy received

 

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K-1

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

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

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8/15/2017: POE

 

 

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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. 

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