Abandoning Adjustment of Status or Green Card – future tourist visits to the US?

[Pitshen 0]

Hello,

 

I would appreciate feedback from people who experienced a similar situation.

 

I am a French citizen (37). I married a US citizen in Florida.

 

Timeline:

 

• I entered the US with ESTA early November 2025

• My wife and I filed for Adjustment of Status (I-485) early February 2026.

• The case is currently pending.

 

However, our plans have changed and we are now considering moving back to France to live and run my business there.

 

I see two possible options:

 

1. Withdraw the Adjustment of Status and leave the US soon (this would likely mean about 2-3 months of ESTA overstay).

2. Wait until the Green Card is approved, then file form I-407 to voluntarily abandon permanent residency and move back to France.

 

Our goal is simply to live in France long-term but keep the ability to visit the US occasionally for tourism (for example 2–3 weeks in Puerto Rico or Florida).

 

Questions:

 

• Which option is generally safer for future travel to the US?

• Would a short overstay (about 45 days) significantly affect the ability to get an ESTA or B2 visa later?

• If I obtain the green card and then quickly abandon it with I-407, how is that usually viewed by CBP or consular officers?

• Has anyone here successfully returned to the US as a tourist after a similar situation?

 

Additional context:

 

• I will live and work in France (I run a company there).

• My wife will also live with me in France.

• We would only visit the US occasionally for short vacations.

 

Any real experiences or advice would be greatly appreciated.

 

Thank you.

Edited 6 hours ago by Pitshen

[Crazy Cat 46,338]

1.  I don't see your Green Card being approved under your proposed plan to live outside the US.

2.  ANY overstay will likely disqualify you from ESTA forever.

 

If you think you might actually want to live in the US, you could wait until Green card approval, and apply for a 2 year re-entry permit.  That would allow you to stay outside the US for up to 2 years and maintain your Green card.  You could use the I-407 at some point.   Otherwise, I'm not sure there is much benefit to waiting.  Others here might chime in with good ideas.

Edited 5 hours ago by Crazy Cat

[milimelo 5,020]

ESTA is no longer an option due to overstay. B2 perhaps but not in near future. 

I'm surprised you even attempted AOS under current conditions especially given that adjustment on ESTA is problematic (though it was not in the prior years). 

 

I'd have plan B if AOS is not successful. 

[mam521 2,972]

2 hours ago, Pitshen said:

I will live and work in France (I run a company there).

Have you been running your company while you've been in the US?  

[Pitshen 0]

2 hours ago, Crazy Cat said:

1.  I don't see your Green Card being approved under your proposed plan to live outside the US.

2.  ANY overstay will likely disqualify you from ESTA forever.

 

If you think you might actually want to live in the US, you could wait until Green card approval, and apply for a 2 year re-entry permit.  That would allow you to stay outside the US for up to 2 years and maintain your Green card.  You could use the I-407 at some point.   Otherwise, I'm not sure there is much benefit to waiting.  Others here might chime in with good ideas.

I think there may be a misunderstanding. My intention is to leave the United States and live in France long-term. I’m trying to figure out the best way to leave while still keeping the ability to come back for about two weeks each year for vacations.

 

I see two options:

1. Leave now, which would mean about a 2-month overstay.

2. Stay in the US until the green card is approved, then immediately abandon it, and move back to France (the suggestion of my lawyer)

[Pitshen 0]

1 hour ago, mam521 said:

Have you been running your company while you've been in the US?  

I’m not sure that question is really relevant. Even if it were an issue, I could simply say that I didn’t work.

[Pitshen 0]

2 hours ago, milimelo said:

ESTA is no longer an option due to overstay. B2 perhaps but not in near future. 

I'm surprised you even attempted AOS under current conditions especially given that adjustment on ESTA is problematic (though it was not in the prior years). 

 

I'd have plan B if AOS is not successful. 

That is exactly the core of my question. Would I still be able to come back, for example in December, for a two-week trip with a B2 visa if I have a two-month overstay now?

 

For context, I have a company in France for 7 years with about 50 employees and around €3 million in annual revenue. I also own two apartments and can provide all the necessary proof that my life is based in France. I’m not saying this to show off, but to demonstrate how strong my ties to France are.

 

Would this overstay seriously prevent me from returning to the US for short tourism trips (about two weeks per year)?

Edited 2 hours ago by Pitshen

[Crazy Cat 46,338]

21 minutes ago, Pitshen said:

I think there may be a misunderstanding. My intention is to leave the United States and live in France long-term. I’m trying to figure out the best way to leave while still keeping the ability to come back for about two weeks each year for vacations.

 

I see two options:

1. Leave now, which would mean about a 2-month overstay.

2. Stay in the US until the green card is approved, then immediately abandon it, and move back to France (the suggestion of my lawyer)

No misunderstanding.  I was thinking you might change your mind about living in the US during the 2 year re-entry period.  If you absolutely want to live outside the US long-term, you don't qualify for a Green Card any way.  I don't see you being able to return to the US any time soon if you have ANY overstay whether you abandon your I-485 or wait and submit an I-407 in the event a Green card is approved.  I have serious doubts that a USCIS will approve your I-485 if he/she knows your plan......I would probably just re-locate now and take my chances for a B2 visa in a couple years.

Others might disagree.

Edited 1 hour ago by Crazy Cat

[Crazy Cat 46,338]

3 minutes ago, Pitshen said:

Would I still be able to come back, for example in December, for a two-week trip with a B2 visa if I have a two-month overstay now?

This December? Very doubtful, imo.  Overstays are not taken lightly...especially with this administration.  

[Pitshen 0]

11 minutes ago, Crazy Cat said:

No misunderstanding.  I was thinking you might change your mind about living in the US during the 2 year re-entry period.  If you absolutely want to live outside the US long-term, you don't qualify for a Green Card any way.  I don't see you being able to return to the US any time soon if you have ANY overstay whether you abandon your I-485 or wait and submit an I-407.  I have serious doubts that a USCIS will approve your I-485 if he/she knows your plan......I would probably just re-locate now and take my chances for a B2 visa in a couple years.

Others might disagree.

Of course, I have not shared my intentions with USCIS, and my green card application is very strong. It is an Adjustment of Status based on a genuine, well-documented marriage, and the entire process is being handled by an attorney.

[Pitshen 0]

12 minutes ago, Crazy Cat said:

This December? Very doubtful, imo.  Overstays are not taken lightly...especially with this administration.  

My lawyer is advising me to obtain the green card first and then give it up by filing Form I-407. She says that after that I should be able to return with a B2 visa.

[Crazy Cat 46,338]

7 minutes ago, Pitshen said:

Of course, I have not shared my intentions with USCIS, and my green card application is very strong. It is an Adjustment of Status based on a genuine, well-documented marriage, and the entire process is being handled by an attorney.

Except that Green Cards are for living in the US...........

Edited 1 hour ago by Crazy Cat

[Crazy Cat 46,338]

8 minutes ago, Pitshen said:

She says that after that I should be able to return with a B2 visa.

Maybe....maybe not.  You came as a non-immigrant, violated the intent of that status, and overstayed once.....A Consulate Officer might think you will do so again.  Roll of the dice, imo.  ESTA is definitely out of the question, imo. 

Edited 1 hour ago by Crazy Cat

[wildbug100420 422]

1 hour ago, Pitshen said:

My lawyer is advising me to obtain the green card first and then give it up by filing Form I-407. She says that after that I should be able to return with a B2 visa.

You've already signaled immigrant intent with AoS. Seriously doubt you would be approved for B2.