Leaving after submitting removal of conditions?

[dentsflogged 352]

I recently filed for divorce from my USC husband.   There's a range of reasons but the primary one is that I want to move home, which is what I'm doing. I've not been happy living where we are and my husband won't discuss moving anywhere else - not even a larger town, so that's that.

 

I realise there's a form I have to fill out to abandon my petition, but other than that am I missing anything?  

I'm going to miss a lot about living here and I absolutely want to come back for tourist reasons in future - I imagine I will always have to get a B1/B2 visa? 

[Mike E 11,724]

9 minutes ago, dentsflogged said:

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I realise there's a form I have to fill out to abandon my petition, but other than that am I missing anything?

I remember your earlier topic. Sorry it didn’t work out.  
 

There is nothing else besides the form (I-407) from an immigration perspective that you need to do. Feel free to head to Australia at your convenience and desire.  
 

You can write USCIS to withdraw your I-751 too if you want.

 

 

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I'm going to miss a lot about living here and I absolutely want to come back for tourist reasons in future - I imagine I will always have to get a B1/B2 visa? 

I think you will be able to get esta but it depends on when USCIS update CBP on your relinquished LPR status. 

Edited July 11, 2022 by Mike E

[Timona 3,957]

You're a few months from citizenship. 

I would just get citizenship before I leave. It's easier than starting a fresh a few years down the line. With citizenship you can also come and go as you wish or even move to a bigger town yourself. 

I wouldn't sign I-407. Never

[Lil bear 3,840]

2 hours ago, dentsflogged said:

I recently filed for divorce from my USC husband.   There's a range of reasons but the primary one is that I want to move home, which is what I'm doing. I've not been happy living where we are and my husband won't discuss moving anywhere else - not even a larger town, so that's that.

 

I realise there's a form I have to fill out to abandon my petition, but other than that am I missing anything?  

I'm going to miss a lot about living here and I absolutely want to come back for tourist reasons in future - I imagine I will always have to get a B1/B2 visa? 

Sorry things didn't work out … well done for making that hard decision .. it would not have been easy 

We relinquished our GC when we chose to move back to Aus after 9 years here ( long time ago !!) and then travelled often on an Esta. No issues at all. Uncertainty is how long it takes for USCIS to get the GC off your record but i doubt you’d  be wanting to travel this way immediately after getting home    USC is up to you .. its taking 6 months or more after applying to get through naturalization .. and you then have the forever burden of IRS tax returns .. your decision if its worth it   Good luck with your new journey.. 

Edited July 11, 2022 by Lil bear

[Mobius1 175]

16 hours ago, dentsflogged said:

I recently filed for divorce from my USC husband.   There's a range of reasons but the primary one is that I want to move home, which is what I'm doing. I've not been happy living where we are and my husband won't discuss moving anywhere else - not even a larger town, so that's that.

 

I realise there's a form I have to fill out to abandon my petition, but other than that am I missing anything?  

I'm going to miss a lot about living here and I absolutely want to come back for tourist reasons in future - I imagine I will always have to get a B1/B2 visa? 

You never know how things may change which would prompt you to go back to the US (Job offer, new spouse, business, etc). Like Timona said, get your citizenship done, go home in the middle but don't violate the residency requirements of citizenship nor GC. 

 

File for ROC divorce wavier if your divorce is completed or near completion. Hire a lawyer for this. 

 

I am not an expert but I would say its very minimal chance that you will get a tourism visa again since in the eyes of USCIS "You have already shown an immigrant intent."

[beloved_dingo 1,935]

17 minutes ago, Mobius1 said:

You never know how things may change which would prompt you to go back to the US (Job offer, new spouse, business, etc). Like Timona said, get your citizenship done, go home in the middle but don't violate the residency requirements of citizenship nor GC. 

 

File for ROC divorce wavier if your divorce is completed or near completion. Hire a lawyer for this. 

 

I am not an expert but I would say its very minimal chance that you will get a tourism visa again since in the eyes of USCIS "You have already shown an immigrant intent."

Giving up LPR status is kind of the opposite of immigrant intent...it shows that they immigrated legally and then chose to leave. Not sure why that would count negatively against them, especially from a very low fraud country. 

 

However I would be on board with the suggestion to hang around for citizenship, but that's entirely dependent on how strongly OP wants to get back home. 

Edited July 11, 2022 by beloved_dingo

[Mobius1 175]

2 minutes ago, beloved_dingo said:

Giving up LPR status is kind of the opposite of immigrant intent...it shows that they immigrated legally and then chose to leave. Not sure why that would count negatively against them, especially from a very low fraud country. 

 

However I would be on board with the suggestion to hang around for citizenship, but that's entirely dependent on how strongly OP wants to get back home. 

That's the logical explanation yes but USCIS puts that person in the bin where they will always be under suspicion of returning with immigrant intent in the guise of tourist visa "If grass wasn't greener on the other side".

[Boiler 43,604]

I have seen people have issues getting ESTA, i assume the system does not update always but who knows 

 

I have not come across anyone having issues visiting 

[Timona 3,957]

BTW @dentsflogged, you may already be eligible to file N400. I would file N400 online, get it done then you're free to move back to Australia or bigger town. 

 

Additionally, you can move to a bigger town yourself, file divorce and go on with life. I'd go with the option in preceeding paragraph since your ROC interview is coming close. Infact, if you file N400, you may end up with combo interview and by that, strike 2 birds with one stone.

 

Relinquishing GC is basically losing everything you've had for 4-5 years. I know you're unhappy, but think wisely. Atleast get your N400 as compensation. But it's upto you.