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Iron & Wizer

Abandonment of Permanent Residence, Filing Form I-407 and being able to visit the US

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Hello,

 

I am a Canadian who decided to move back to Canada after obtaining my permanent residence status. I did not want to live in the US, I couldn't adjust down there.

January 31st, 2019 is when I had my interview and got approved. A month later, at the end of February, I moved back to Canada alone. My husband and I will be divorcing, I just haven't done the paperwork yet but I will start in the next week.

 

Since I immigrated down there, I am not no longer part of the Visa Waiver Program I think? I'm wondering on how to go about getting a visitors visa, or what else I can do to visit down there. I'd still love to vacation to the US, since it's our neighbour and all that. Is it a B2 visa I apply for? Do send out the I-407 at the same time as I apply for the B2? Or do I do one first, and then the other?

 

I had consulted with an immigration lawyer in the US before I came back to Canada, and he said to make an appointment at the US Embassy here and do both with the same officer at the same time. But I cannot find any options online or anything to make an appointment for either abandoning my status, or applying for a B2 visa. I have read that I can only mail in my form I-407.

Should I go to a border crossing and surrender my greencard there? I wouldn't want to cross at all, but would they think I am crossing and would it complicate things further for me?

 

Also, the immigration officer said I had to apply to remove my conditional greencard to a non-conditional one 2 years after my marriage date, which was yesterday. But everywhere I look up/ask, it says 2 years from getting the greencard.

 

Thank you very much.

 

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Canadians are not part of the Visa Waiver Programme.

 

You have mentioned nothing to suggest you can not visit as you did before.

 

I would thing mailing it in would be easiest.


“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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55 minutes ago, Iron & Wizer said:

I'm wondering on how to go about getting a visitors visa, or what else I can do to visit down there. I'd still love to vacation to the US, since it's our neighbour and all that. Is it a B2 visa I apply for?

If you are a Canadian citizen---you would continue to use your Canadian passport to travel.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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1) Canada is not part of the VWP. They use a separate program for visitors.

2) I am unaware of anything automatically disqualifying you from visiting again just like other Canadians (once LPR status is formally abandoned).

3) The I-407 can be submitted at a US embassy or consulate.

4) A B-2 is a typical tourist visa. To apply, you file an DS-160, pay the fee, and interview. Although, as noted, I don't believe there is a need for a B-2 here.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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On 8/11/2019 at 6:29 PM, geowrian said:

3) The I-407 can be submitted at a US embassy or consulate.

Updated policy: https://www.uscis.gov/news/alerts/uscis-will-no-longer-accept-i-407-international-field-offices

"Individuals who wish to voluntarily record abandonment of their lawful permanent resident (LPR) status must submit Form I-407 via mail to: USCIS Eastern Forms Center"

"In very rare circumstances, a U.S. embassy, U.S. consulate, or USCIS international field office may accept a Form I-407 in person if an individual needs immediate proof that they have abandoned LPR status."

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