Abandoning greencard

[nikki1992 62]

Hi all,

 

I moved to the US on K1 visa and eventually got a greencard via marriage. After living in the US for 2.5 years, my US husband and I decided we wanted to move back to the U.K. (where I’m from). We did that in May of this year.

 

My conditional Greencard expired a month after we moved back to the U.K. and as far as I’m aware I can’t renew it because I'm no longer a U.S. resident. Therefore, I have to officially abandon my greencard.
 

Before I do that I just wanted to check with anyone who might have done the same if there is any way I CAN renew it while living in another country? Is there anything I have missed? What do I need to know about the consequences of officially abandoning my greencard (besides the obvious that I can’t live and work in the US anymore)?

 

Thanks!

[Boiler 43,438]

You are planning to return to the US?

 

When?

[nikki1992 62]

11 minutes ago, Boiler said:

You are planning to return to the US?

 

When?

As of now I’m not planning on returning to live there, but it’s just as my husbands parents get older it would be useful to keep it so that I could easily and quickly move back there if needed.

 

My understanding is that I can’t renew it now I’m not a resident but I just wanted to see if there is anything I missed before I abandon my greencard officially.

[Crazy Cat 39,261]

9 minutes ago, nikki1992 said:

As of now I’m not planning on returning to live there, but it’s just as my husbands parents get older it would be useful to keep it so that I could easily and quickly move back there if needed.

Not the purpose of a Green Card.  Failure to remove conditions and moving to a residence outside the US is pretty strong evidence that you have already abandoned the Green Card.  Removing conditions on a conditional Green Card (not renewing) would require you to undergo biometrics and the interview (if required) inside the US.  I'm not sure how that would work since you reside outside the US (not on government orders). 

Edited November 22, 2021 by Crazy Cat

[nikki1992 62]

8 minutes ago, Crazy Cat said:

Not the purpose of a Green Card.  Failure to remove conditions and moving to a residence outside the US is pretty strong evidence that you have already abandoned the Green Card.  Removing conditions on a conditional Green Card (not renewing) would require you to undergo biometrics and the interview (if required) inside the US.  I'm not sure how that would work since you reside outside the US (not on government orders). 

Yes that’s my understanding also. Just wondered if there was anything I was missing before I officially abandon it. I guess there isn’t! Haha

[SteveInBostonI130 3,319]

1 hour ago, nikki1992 said:

Yes that’s my understanding also. Just wondered if there was anything I was missing before I officially abandon it. I guess there isn’t! Haha

 

If you decide to move back to the US in the future, then plan to start the spouse visa process (IR-1, form I-130) about a year or two before the planned move.  Earlier the better.  You can always slow down the process at the NVC stage (up to 1 year at a time by sending a message to NVC to keep your application active) if the petition is approved sooner than expected and you are not ready for the interview.  Here are the timelines, currently:

• USCIS Stage:  Forms, I-130/I-130a.  Takes 7-14 months for approval
• NVC Stage:  Forms I-864, DS-260.  Takes 3-6 months to complete
• Embassy:  Medical exam.  Interview typically scheduled 1-2 months out by NVC (from the date of the "interview is scheduled" email).  IR-1 Visa valid for max 6 months from date of medical.

 

Good news is that when you enter the US on a IR-1, you will get a 10 year GC.  No more forms to submit to USCIS.   Except for the GC renewal 10 years later or the optional N400 for citizenship after 3 yrs of residing in the US.

[Mike E 11,723]

Moving before you filed I-751 likely limited your degrees of freedom.  While I know of a case where a 2 year green card expired while abroad it was because the couple wasn’t aware and then realized their mistake.  They were able to get a boarding foil and return to the USA.  
 

Consult with an immigration attorney, but I’d say your visa journey on your current green card is over.  
 

You can set up an appointment with the US embassy to relinquish your green card. 

Edited November 22, 2021 by Mike E

[nikki1992 62]

2 hours ago, SteveInBostonI130 said:

 

If you decide to move back to the US in the future, then plan to start the spouse visa process (IR-1, form I-130) about a year or two before the planned move.  Earlier the better.  You can always slow down the process at the NVC stage (up to 1 year at a time by sending a message to NVC to keep your application active) if the petition is approved sooner than expected and you are not ready for the interview.  Here are the timelines, currently:

• USCIS Stage:  Forms, I-130/I-130a.  Takes 7-14 months for approval
• NVC Stage:  Forms I-864, DS-260.  Takes 3-6 months to complete
• Embassy:  Medical exam.  Interview typically scheduled 1-2 months out by NVC (from the date of the "interview is scheduled" email).  IR-1 Visa valid for max 6 months from date of medical.

 

Good news is that when you enter the US on a IR-1, you will get a 10 year GC.  No more forms to submit to USCIS.   Except for the GC renewal 10 years later or the optional N400 for citizenship after 3 yrs of residing in the US.

Thanks for the information. This is what we would do if we ever needed to move back to the US. Like you said, it’s a very long process so it would have been nice to be able to keep it incase we need to move back urgently to care for my husbands parents or something. But I know that’s not possible so I’ll have to officially abandon it!

 

Thanks all for the confirming what I already knew! 😊

[nikki1992 62]

2 minutes ago, Mike E said:

Moving before you filed I-751 likely limited your degrees of freedom.  While I know of a case where a 2 year green card expired while abroad it was because the couple wasn’t aware and then realized their mistake.  They were able to get a boarding foil and return to the USA.  
 

Consult with an immigration attorney, but I’d say your visa journey on your current green card is over.  
 

You can set up an appointment with the US embassy to relinquish your green card. 

Yes I agree it is over at this point, and I’m fine with that since I currently have no intention to move back there! It was more incase of an emergency sort of thing.

[iwannaplay54 985]

5 hours ago, nikki1992 said:

Yes that’s my understanding also. Just wondered if there was anything I was missing before I officially abandon it. I guess there isn’t! Haha

No, there is not however this will not hurt you if your husband wishes to open another petition for you to return at some time in the future

Edited November 22, 2021 by iwannaplay54

[igoyougoduke 1,605]

12 hours ago, nikki1992 said:

Hi all,

 

I moved to the US on K1 visa and eventually got a greencard via marriage. After living in the US for 2.5 years, my US husband and I decided we wanted to move back to the U.K. (where I’m from). We did that in May of this year.

 

My conditional Greencard expired a month after we moved back to the U.K. and as far as I’m aware I can’t renew it because I'm no longer a U.S. resident. Therefore, I have to officially abandon my greencard.
 

Before I do that I just wanted to check with anyone who might have done the same if there is any way I CAN renew it while living in another country? Is there anything I have missed? What do I need to know about the consequences of officially abandoning my greencard (besides the obvious that I can’t live and work in the US anymore)?

 

Thanks!

why would you want to renew it when you dont plan to live in US ?

[nikki1992 62]

4 minutes ago, igoyougoduke said:

why would you want to renew it when you dont plan to live in US ?

As mentioned in previous comments, it was just so that I would have the ability to move back to the US easily and quickly if my husbands parents suddenly got really sick and we urgently needed to move back to take care of them. I know I can reapply but it takes a long time to process which doesn’t help if I need it urgently.

 

Unfortunately that’s not an option.

[Dashinka 23,247]

File the I407 with the US Consulate. Hopefully, even with an expired GC, it will end USCIS by putting you into removal proceedings which are meaningless for you since you have already departed, but could, become an issue if applying for an ESTA in the future.

 

Good Luck!