I'm abandoning my GC. What if I don't show up for the interview? I want to return to Australia

[tom3227 26]

Hi. 

 

My i-751 ROC is from fricking July 2018. 30 months to process an application, 13 months since my case is Waiting to Schedule for an Interview. I'm done. I'm moving back to Australia. Can anyone with more experience please comment on how long I can stay if I don't show up for the interview, whenever they book it? I'm planing on leaving within 3 months, but if they call me sooner I would like to stay 3 more months to sell everything before I go. 

 

Thanks for your replies!

[Lucky2Lucky 2,526]

7 hours ago, tom3227 said:

Hi. 

 

My i-751 ROC is from fricking July 2018. 30 months to process an application, 13 months since my case is Waiting to Schedule for an Interview. I'm done. I'm moving back to Australia. Can anyone with more experience please comment on how long I can stay if I don't show up for the interview, whenever they book it? I'm planing on leaving within 3 months, but if they call me sooner I would like to stay 3 more months to sell everything before I go. 

 

Thanks for your replies!

Have you contacted your congressman during this time period? I believe you can withdraw your application but that your status may be terminated at that point. I’m not sure why you would chose the USA over Australia anyway lol If I could chose any place to live in the world it’d be there!

[Crazy Cat 39,342]

8 hours ago, tom3227 said:

Hi. 

 

My i-751 ROC is from fricking July 2018. 30 months to process an application, 13 months since my case is Waiting to Schedule for an Interview. I'm done. I'm moving back to Australia. Can anyone with more experience please comment on how long I can stay if I don't show up for the interview, whenever they book it? I'm planing on leaving within 3 months, but if they call me sooner I would like to stay 3 more months to sell everything before I go. 

 

Thanks for your replies!

You are returning to Australia because of the delay in processing your I-751?  You still have status as a legal resident.  Anyway, if you fail to show up at the interview, they will deny your case, and you will be put into removal procedures and set for a hearing in front of an immigration judge.  That normally takes several months minimum.

[little immigrant 800]

Your profile says AOS pending

Edited February 1, 2021 by little immigrant

[tom3227 26]

Thanks for the replies. I'm returning because I realized I'd rather live there. 

 

3 hours ago, Lucky Cat said:

You are returning to Australia because of the delay in processing your I-751?  You still have status as a legal resident.  Anyway, if you fail to show up at the interview, they will deny your case, and you will be put into removal procedures and set for a hearing in front of an immigration judge.  That normally takes several months minimum.

Thank you. Do you know if I can leave the country before the hearing, and not attend it? 

[Crazy Cat 39,342]

40 minutes ago, tom3227 said:

Thanks for the replies. I'm returning because I realized I'd rather live there. 

 

Thank you. Do you know if I can leave the country before the hearing, and not attend it? 

You can leave.  

[retheem 553]

13 hours ago, tom3227 said:

Hi. 

 

My i-751 ROC is from fricking July 2018. 30 months to process an application, 13 months since my case is Waiting to Schedule for an Interview. I'm done. I'm moving back to Australia. Can anyone with more experience please comment on how long I can stay if I don't show up for the interview, whenever they book it? I'm planing on leaving within 3 months, but if they call me sooner I would like to stay 3 more months to sell everything before I go. 

 

Thanks for your replies!

File for your citizenship now then let both processes run concurrently. Once you get your citizenship, you can move back. 

[Duke & Marie 1,389]

7 minutes ago, retheem said:

File for your citizenship now then let both processes run concurrently. Once you get your citizenship, you can move back. 

I guess his choice to do this would depend on if the relationship is still current or not and weather or not he has applied for a spousal visa via Aus gov for his spouse of it’s still a current relationship... he may not want to move back since Australia is a far nicer place to be. 

[Boiler 43,546]

Is it not tricky getting back to Aussie land with the Covid restrictions?

[tom3227 26]

It's easy to move back. I have dogs so I have to wait 180 days anyway. Booking flights 6 months in advance in easy and cheap (1k instead of 10k now). The main reason for giving up is that if I don't I'll have to pay capital gains to the US for the rest of my life. Screw that. I love america and the US is a great place to live, but is't not worth 20% of my capital gains for the rest of my life. Plus, australian beaches

[Boiler 43,546]

I was more thinking of the stories I have read about the limited quarantining facilities and people who have had their flights cancelled last minute.

[tom3227 26]

Yes this happened before but hopefully wont 6mo from now

[mushroomspore 3,043]

3 hours ago, tom3227 said:

Thanks for the replies. I'm returning because I realized I'd rather live there. 

 

Thank you. Do you know if I can leave the country before the hearing, and not attend it? 

You can leave but make sure to at least formally file the Abandonment form. Sorry you'll have to Google because I don't remember the form's numeric code (407, maybe?). Simply leaving without filing the Abandonment papers could present problems if/when you do decide to return, even if it's just to visit briefly.

Edited February 1, 2021 by mushroomspore

[tom3227 26]

Mushroom you're on top of things! You're right, I have to file this but I can do it from overseas. I have to mail my expired GC and the form is just 1 page, super easy.

https://www.uscis.gov/i-407

[Timona 3,948]

I concur with @retheem.

@tom3227  File citizenship, get it then leave. You still here for 6 month anyway. You never know. You may file and within the 6 months, boooom. Combo interview. 

Please, do not let all this be for nothing. Are you still married to US Citizen?