Will I have issues getting into the US after surrending my green card (which I obtained after AoS whilst on an esta)

[heamatite2000 34]

Hi everyone!!

 

I am a Uk citizen married to a us citizen, we currently reside in the states and I am currently on that 18 month extension letter waiting for my 10 year green card. Our plan was always to move to the UK at some point and I have been offered a job over there and I am trying to lay out all the facts/pros/cons about whether we should move or suck it up and wait to get my passport etc.

Concerns of mine are as follows:

1. if I were to move and officially abandon my green card can I enter into the US on an esta in the future when wanting to visit family/in-laws

2. as I came in on an esta last time then got married/adjusted status will this cause a red flag when entering again? Or will I be fine if I show I have ties to the Uk like job/house/return flight?

 

many thanks!

 

anastasia 

[SusieQQQ 11,585]

 Can’t say for sure but you will probably find you can’t get an ESTA again and will need to apply for a B tourist visa, should you move before completing your US naturalization process.

[An&Je 31]

When you adjust status successfully, they forgive overstays and the like so your AoS on an ESTA is already resolved.

 

Since you already have a green card, personally, I would recommend applying for and obtaining US citizenship as soon as you're eligible before coming back to the UK. You'll need to file US taxes every year as a result but if your earnings between you and your other half in the UK come out to less that $200k combined filing jointly, 100k each filing separately, (the exact figures are out there somewhere), you wouldn't owe any federal taxes (which is all you'd be liable for living in the UK) as the US and UK have a double taxation treaty.

 

My wife and I are in the reverse process right now. We met and married in the US and then I moved back to the UK and she joined me. Now I'm going through a CR1/IR1 application to return (waiting for an interview appointment). Having citizenship will make it vastly easier if you ever decide to move back to the US. 

[Crazy Cat 39,826]

4 minutes ago, An&Je said:

When you adjust status successfully, they forgive overstays and the like so your AoS on an ESTA is already resolved.

If the OP overstayed ESTA before filing for adjustment of status, ESTA is gone forever, is it not?   I don't think overstays are forgiven for the purpose of ESTA.

Edited March 24, 2021 by Lucky Cat

[SusieQQQ 11,585]

1 minute ago, Lucky Cat said:

If the OP overstayed ESTA before filing for adjustment of status, ESTA is gone forever.  Overstays are not forgiven for ESTA.

Yes, there is a difference between overstay being forgiven for adjustment purposes, and what the ESTA administrators use. 

[heamatite2000 34]

2 minutes ago, Lucky Cat said:

If the OP overstayed ESTA before filing for adjustment of status, ESTA is gone forever.  Overstays are not forgiven for ESTA.

Hi lucky cat,

 

i filed for my AoS a month and a bit into my esta.. so I should be in the clear?

[Crazy Cat 39,826]

1 minute ago, heamatite2000 said:

Hi lucky cat,

 

i filed for my AoS a month and a bit into my esta.. so I should be in the clear?

Possibly.  You would have to re-apply for ESTA to find out, I guess.  

[SusieQQQ 11,585]

You still used it for immigrant intent. There will only be one way to find out for sure. In my opinion yes even if you get it again that will be a red flag for CBP.

Edited March 24, 2021 by SusieQQQ

[Boiler 43,847]

I know people who have done this and subsequently used the VWP, whether you can I do not know.

[heamatite2000 34]

 

19 minutes ago, An&Je said:

My wife and I are in the reverse process right now. We met and married in the US and then I moved back to the UK and she joined me. Now I'm going through a CR1/IR1 application to return (waiting for an interview appointment). Having citizenship will make it vastly easier if you ever decide to move back to the US. 

When did you file for your CR1/IR1? I’m curious at whether this process takes just as long as the AoS.
Personally I feel like getting citizenship is something that I should do but necessarily not something I want to do/feel is a priority at this point in my life. 
GOSH it’s so hard to come to a decision! Lol

[neca 166]

FWIW I think it's better to have it and not need it than need it and not have it. If things go wrong for you in one country, it'd be really convenient for you to be able to just pack up and move to another one, especially in light of Brexit making it harder for you to be able to move to the EU. If it's not going to take too long for you to get your US citizenship, and you're okay with having to file US taxes for the rest of your life/citizenship duration, what's the harm in having dual citizenship?

[An&Je 31]

9 minutes ago, heamatite2000 said:

 

When did you file for your CR1/IR1? I’m curious at whether this process takes just as long as the AoS.
Personally I feel like getting citizenship is something that I should do but necessarily not something I want to do/feel is a priority at this point in my life. 
GOSH it’s so hard to come to a decision! Lol

In the absence of a compelling reason not to take up US citizenship, I would just get it and be done with it.

 

We filed July 2020. PD 7/22/2020. NOA2 1/2/2021. NVC DQ 4/3/2021. (It's all in our timeline). 

 

My personal feeling is this - if you don't take up citizenship, you're probably (based on what has been said by others more knowledgeable than me), going to have to get a B visa. but you won't know until you try. So getting citizenship just seems logical. I don't think the CR1/IR1 timeline will change much over the next 5-10 years unless it's to get even slower. So you're looking at having to plan 12-18 months ahead for a return.

 

[Wuozopo 4,289]

39 minutes ago, heamatite2000 said:

 

When did you file for your CR1/IR1? I’m curious at whether this process takes just as long as the AoS.
Personally I feel like getting citizenship is something that I should do but necessarily not something I want to do/feel is a priority at this point in my life. 
GOSH it’s so hard to come to a decision! Lol

I have know so many over the decade on here that move to the UK thinking it would be forever, only to decide the US was better and they have to start over with the CR1 spouse visa to come back. With US citizenship, you don’t have to deal with ESTA, B visas, or an immigrant visa to return if it doesn’t work out. Just get on a plane and come. Also have you studied the rules to get your wife admitted to live in the U.K?  You have to hold a job there (earning over the stated limit) for 6 months before applying for her visa and getting her on NHS. Or have £60k+ in cash assets.  
 

According to your timeline, you are eligible for citizenship this year on October 15. You can apply in mid July. I think it is very much worth it to hold out and make the rest of your life easier. You never know when rules will change on either side.
 

Edited March 24, 2021 by Wuozopo

[SusieQQQ 11,585]

18 minutes ago, neca said:

and you're okay with having to file US taxes for the rest of your life

Spouse has to do this anyway so it’s hardly much extra admin right? Very few people seem to be in the income bracket where it has a serious actual $$ implication.

[neca 166]

9 minutes ago, SusieQQQ said:

Spouse has to do this anyway so it’s hardly much extra admin right? Very few people seem to be in the income bracket where it has a serious actual $$ implication.

Good point!