If I abandon my GC will I be able to visit the US?

[bebdream 0]

Hello, Vjourneys,

 

So I came to the US in 2017 on a student visa.... I got married to a US citizen who applied for my GC.....because we decided to get married and that TOTALLY change my whole plan.... I decided to quit school, and it took about 3-4 months before we applied for my Green card ( So I was out of status for 3 or 4 months )....during those 3 or 4 months I did some work ( probably earned less than $ 500 in 4 months, but I worked )

 

Right now I have a 10 years GC but I don' t wanna continue living in the US....I can't apply for citizenship because I had to stay recently outside the US for Almost 1 year ( so I don't qualify )..

 

I wanna go back to my country and that means I wanna give up my green card

 

My question is: Because I broke the rules of my student visa will I ever get a tourist visa to America again? or I would have to wait 10 years....do you know anybody with a situation like that? I have lots of friends and family living in America and I wanna come back as a tourist in the future.......

 

So please give me some advice...thank you

 

 

Edited July 17, 2023 by bebdream
mispeled

[Mike E 11,724]

16 minutes ago, bebdream said:

Because I broke the rules of my student visa will I ever get a tourist visa to America again?

I think it is improbable.

 

1. Why were you outside the U.S. for “almost” a year?

 

2. Did you have a dwelling in the U.S. during that time?

 

3. Did you file tax returns with the IRS during that time?

[bebdream 0]

24 minutes ago, Mike E said:

I think it is improbable.

 

1. Why were you outside the U.S. for “almost” a year?

 

2. Did you have a dwelling in the U.S. during that time?

 

3. Did you file tax returns with the IRS during that time?

 

1- My father was really sick and I had to take care of him.... yes, I kept my apartment in the US and I filed my taxes. I returned to America with no problems, but because I was overseas for more than 6 months in 1 trip I would have to wait 4 years to apply to citizenship.

 

So mike you think if I give up my GC there's no way I can get a tourist visa? : (  Im trying to see my changes before I make a decision.....

 

another option would be "visit" the US with a GC and having problems at CBP at every visit

Edited July 17, 2023 by bebdream
mispeled

[TBoneTX 43,253]

5 minutes ago, bebdream said:

another option

...would be to gut it out until you can apply for naturalization.  Then, you'd be free to live wherever you liked, as long as you continued to file U.S. taxes.

[Boiler 43,597]

The biggest variable is your nationality 

[Mike E 11,724]

2 hours ago, bebdream said:

 

1- My father was really sick and I had to take care of him.... yes, I kept my apartment in the US and I filed my taxes. I returned to America with no problems, but because I was overseas for more than 6 months in 1 trip I would have to wait 4 years to apply to citizenship.

You were gone less than a year. You paid rent on your U.S. apartment. You paid your taxes. You had a good reason for the absence.

 

File N-400 once you have 3 years less 90 days of LPR status. This assumes you meet the other requirements:

* physical presence

* living with a U.S. citizen spouse for 3 continuous years.
 

If your spouse was  not living with you while you were gone for more than 180 days, you might have interrupted continuous marital union. If so, file under the 5 year rule if eligible.  

2 hours ago, bebdream said:

 

So mike you think if I give up my GC there's no way I can get a tourist visa? : ( 

I neither think that, nor did I write that. I wrote:

 

3 hours ago, Mike E said:

I think it is improbable.

Get your U.S. citizenship.

[M+K IL 102]

I concur with others who suggest just getting this over with and naturalize - but just checking. Which country are you from and does it allow dual citizenship? There's no timeline filed so it's hard to tell.

[African Zealot 1,453]

Best option is to get your citizenship as described by others already.

 

if you’re unable to do that, contrary to other opinions I believe if you surrender your green card voluntarily, your chances of getting a visitor visa are very good. The past violations won’t/shouldn’t affect you because by surrendering your green card voluntarily, you amply demonstrate you no longer have immigrant intent.

 

Are you getting divorced? Or are you relocating with your spouse? Or are you planning to have a long distance marriage? Don’t do it! 😁

 

 

[Mike E 11,724]

2 hours ago, African Zealot said:

The past violations won’t/shouldn’t affect you

Does that FAM dictate a CO  overlook a history of over staying a visa, and unauthorized work for this situation?

[African Zealot 1,453]

8 hours ago, Mike E said:

Does that FAM dictate a CO  overlook a history of over staying a visa, and unauthorized work for this situation?

I don’t recollect seeing it in the FAM however it’s based on my knowledge of three people who surrendered their permanent residence status and got visitors visas. Two or at least one of them I know previously were out of status and naturally worked undocumented for part of the time.

 

Also my extrapolation of marriage to a citizen making previous illegal work forgivable. Can the consular officer suddenly choose to unforgive what had been forgiven?