Abandoning the green card??

[88lance 1]

Hello everyone, me (USC) and my fiancé will be getting married in her country before beginning the process of moving us both to the US.  The catch is, we do not plan to be here for 5 years (around the amount of time it takes to acquire USC).  But I have work that needs to be completed which could take 2-3 years.  We may decide to stay and complete the USC process, but if we do not, and we move back to her country to reside instead, how bad does that affect future visas being granted? 

If we wanted to return several years later, or wanted to visit, will they allow a visa process again, kind of like "well, it's your money, you can pay for it to restart as much as you want, but you have to pay the fees every time", or do they actually reject it, like "well you left halfway through you process last time, so you are not getting another one, or better have a dang good reason for what happened last time".  ? Just weighing options here because I have a couple years of this project left, but would prefer to not be apart for 2-3 years either. And after the project is complete, I really really would like to be somewhere besides here...like on a beach in her country.  haha  Thanks in advance for any insight into this and how it is viewed by the immigration officials

[SusieQQQ 11,586]

Well if she abandons it and you want to apply again and the family conditions still exist they’ll let you get another. Bear in mind the process can take around a year or more to get a green card in the first place so factor that into your “cost” of getting each green card too. Also note if she doesn’t officially relinquish it when she leaves she is still liable to file taxes with the IRS so if you just abandon through leaving rather than formally she might need to be up to date with tax filings (though if you do married filing jointly that will take care of that anyway). The other and better alternative if you will only be out 2-3 years before returning is to go the re-entry permit route, a REP allows her to be out the US without losing her GC for 2 years.  You can renew twice to a maximum of 5 years.

[88lance 1]

30 minutes ago, SusieQQQ said:

Well if she abandons it and you want to apply again and the family conditions still exist they’ll let you get another. Bear in mind the process can take around a year or more to get a green card in the first place so factor that into your “cost” of getting each green card too. Also note if she doesn’t officially relinquish it when she leaves she is still liable to file taxes with the IRS so if you just abandon through leaving rather than formally she might need to be up to date with tax filings (though if you do married filing jointly that will take care of that anyway). The other and better alternative if you will only be out 2-3 years before returning is to go the re-entry permit route, a REP allows her to be out the US without losing her GC for 2 years.  You can renew twice to a maximum of 5 years.

Great, thank you for your reply.  I did not know about the REP,  that does sound like a great option.  I assume it basically pauses the GC process while we are away?  Can we enter for a couple of months and exit again while still on the REP?  Or is it a one-time exit permit?

Edited May 22, 2021 by 88lance

[payxibka 10,045]

9 minutes ago, 88lance said:

Great, thank you for your reply.  I did not know about the REP,  that does sound like a great option.  I assume it basically pauses the GC process while we are away?  Can we enter for a couple of months and exit again while still on the REP?  Or is it a one-time exit permit?

REP does "pause" the GC process.  It is a permit that allows you to re enter one time.  

 

Edited May 22, 2021 by payxibka

[88lance 1]

1 minute ago, payxibka said:

REP does "pause" the GC process.  It is a new visa that allows you to avoid doing the petition again.  

 

Single entry visa.

Great, I think this will probably be the route to take.  We are unsure if/when we return, but it is great knowing that the option is there.  Thanks for the replies and help!

[Skyman 327]

That sounds like a good option but just to let you know another, if she officially relinquished her GC on return to her country, she would be all but guaranteed approval for a tourist visa in the future. 

[Troy B 224]

Also you can delay the process at the NVC stage.  Stretching it out to 3 years should not be a problem.  Just contact NVC at least one a year to keep your visa in progress.

[SusieQQQ 11,586]

2 hours ago, 88lance said:

Great, thank you for your reply.  I did not know about the REP,  that does sound like a great option.  I assume it basically pauses the GC process while we are away?  Can we enter for a couple of months and exit again while still on the REP?  Or is it a one-time exit permit?

it is a permit that allows your wife to be out longer than one year (the abandonment threshold) without being deemed to have abandoned residence. She can enter as many times as she wants on it as long as it has not expired. You can read more details about what it is used for and the process here  https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf

 

2 hours ago, payxibka said:

REP does "pause" the GC process.  It is a permit that allows you to re enter one time.  

 

REP can be used as many times as you want to re-enter as long  as it is within the validity period. 
 

1 hour ago, Troy B said:

Also you can delay the process at the NVC stage.  Stretching it out to 3 years should not be a problem.  Just contact NVC at least one a year to keep your visa in progress.

But they want to be first living in the US and then move, from my understanding, so this doesn’t work. If I misunderstood and they don’t want to live in the US at all for the next few years then  yes this is an option.

[88lance 1]

Great, thanks again for all the information.  Yes, living in the US for a couple years first is correct, just need to finish my project here, so it would be nice to be together for the next couple years in Texas until the project is complete, and then we would be off to other lands and adventures.  😁 Since my family is here, it would be nice to be able to return occasionally or maybe even finish out her process all the way to USC at some point, but unsure really.  The main plan at the moment is both be in Tx, finish the project, and then both leave and decide from there.  

[Nitas_man 3,100]

7 hours ago, 88lance said:

Hello everyone, me (USC) and my fiancé will be getting married in her country before beginning the process of moving us both to the US.  The catch is, we do not plan to be here for 5 years (around the amount of time it takes to acquire USC).  But I have work that needs to be completed which could take 2-3 years.  We may decide to stay and complete the USC process, but if we do not, and we move back to her country to reside instead, how bad does that affect future visas being granted? 

If we wanted to return several years later, or wanted to visit, will they allow a visa process again, kind of like "well, it's your money, you can pay for it to restart as much as you want, but you have to pay the fees every time", or do they actually reject it, like "well you left halfway through you process last time, so you are not getting another one, or better have a dang good reason for what happened last time".  ? Just weighing options here because I have a couple years of this project left, but would prefer to not be apart for 2-3 years either. And after the project is complete, I really really would like to be somewhere besides here...like on a beach in her country.  haha  Thanks in advance for any insight into this and how it is viewed by the immigration officials

Dont know about visas but we abandoned a green card once and got a new one a year later

In general if you apply for a B visa and abandon a green card at the same time (saw this with Saudi expats) there is a very good chance of the visit visa being issued.  It is difficult to make a case that a legal immigrant with a valid green card is trying to apply for a B visa for any other intention than to visit.

As a bonus before you leave the US applying for a travel document will buy you two years of validity as it allows a stay outside the US for up to two years.  After that, a year or two with periodic visits is the best to hope for before the GC gets flagged.

 

Good luck

Edited May 22, 2021 by Nitas_man

[Mollie09 1,543]

21 hours ago, 88lance said:

5 years (around the amount of time it takes to acquire USC).

Just a quick note that it's 3 years for spouses of USC as long as:

- immigrant has been an LPR for 3 years (minus 90 days)

- immigrant has been married to USC spouse for 3 years

- spouse has been a USC for 3 years

[88lance 1]

4 hours ago, Mollie09 said:

Just a quick note that it's 3 years for spouses of USC as long as:

- immigrant has been an LPR for 3 years (minus 90 days)

- immigrant has been married to USC spouse for 3 years

- spouse has been a USC for 3 years

Wow, did not know that.  My project will run almost that long, it will probably be worth just sticking around and completing the USC process then.

[SusieQQQ 11,586]

3 hours ago, 88lance said:

Wow, did not know that.  My project will run almost that long, it will probably be worth just sticking around and completing the USC process then.

Might take a little longer than 3 years depending on processing times at your local office but certainly would take future headaches away if you could wait for that.

 

 

 

 

Edited May 23, 2021 by SusieQQQ