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 1 hour ago by Pitshen

[Crazy Cat 46,336]

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 38 minutes ago by Crazy Cat

[milimelo 5,019]

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.