Abandoing Green Card and Returning in the Future

[Gary&Joy 18]

Now I am curious for you also.. I wonder if you can abandon your petition..  Then in Chile do a Direct Consular Filing and wait in Chile during that process..  Maybe ??  I'd like to know..

[garebear397 55]

4 hours ago, HonoraryCitizen said:

Why should it be a problem? It only becomes a problem when in the future she wants to adjust status through marriage to another man. At that point they may want to check the bonafides of the previous marriage. Definitely not a concern if she’s applying through the same person she’s been married to for years.

 

But sure if you want to formally abandon it, there’s no filing fee.

No I just thought it might just look better, like we followed the rules better or something, if we officially abandon it, instead of just letting it expire. I definitely could be wrong, and it might not matter at all. 

 

We still don't have an exact date when we are moving, so unless that happens we will probably still start the  I-751 process. Because if for whatever reasons our plans change or we don't move until later in 2020 or anything, the last thing I want is for her to be here without status. I would rather pay the fee and not need it, than not pay the fee and end up needing it. Then most likely we will move to Chile while the I-751 is still being processed, and we will officially give up her green card at the correct USCIS office with a I 407. And make sure to let them know to abandon the I-751 process as well if that doesn't happen automatically with the I-407. 

 

Edited January 25, 2019 by garebear397

[KiwiinMaine 51]

I have been in a very similar situation. I highly recommend waiting until she’s s a naturalised Citizen to leave, but that’s definitely a personal choice and one I’d wished I’d made looking back. My husband and I decided to move back to New Zealand once he was separated from the military, I had a conditional GC so I left a month before it expired. Once I got to NZ I filed the I-407 and surrendered my GC to the consulate in Auckland. We are now back in the US permanently and had to file a new IR1 petition. If we had waited and applied for the ROC and then naturalisation it would have been the smarter choice. If there is absolutely any chance that you will both want to visit the US in futures move back you must file that. They asked for my I-407 at my interview. If I hadn’t of filed that there would have been a bit of a headache apparently. 

[Nitas_man 3,100]

On 1/24/2019 at 12:31 PM, garebear397 said:

Yes she has her conditional green card. That was actually another thing I was wondering. I want to go through the process in the most squeaky clean way, so I didn't know if losing the green card because we never filed for the 10 year card was the best idea. Rather I was thinking to go through the regular process of getting the 10 year and then file the I 407 after we get to Chile. Or filing a reentry permit first, and then the I 407 later.

 

I just wanted it to look all good if we apply for a GC in the future. I would rather have it look like we officially abandoned the card, rather than just letting it expire. Unless there is literally no difference in the eyes of USCIS.

Answer:

 

We abandoned a two year green card with a one-year extension letter.  

 

There were no issues re-filing a new I-130 a couple years later and travelling back and forth was a pain.  The issue is the support affidavit.  You either bank up 80-100k, return before her and get a job before she interviews, or get a co-sponsor.

 

Travel document:  There is no point paying for a travel document when the travel document will expire when the green card does and you can stay out for up to a year without one anyway.  Wouldn’t get one on a two year card.

 

If it was a 10-yr card?  Obtaining a travel document before leaving is de facto proof of intent to maintain status while you are gone and that’s exactly what I would advise you to do. 

 

Abandon your green card at the embassy or consulate and interview for a B visa at the same time.  It carries a lot of weight on the question of “immigrant intent”.  Do it while it’s still valid.

 

My wife doesn’t want to be a USC.  LOL

Edited January 25, 2019 by Nitas_man