Abandoning Green Card

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Abandoning Green Card


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Old 30th November 2019, 09:54 PM
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Default Abandoning Green Card

My wife is a UK citizen. After a grueling process to move to the US on a fiancé visa, then converting to a green card after our marriage, we ended up moving back to the UK 🏽 With that said, we’re heading back to the US for a month for the holidays and was wondering if we should 1) file form I-407 to abandon her green card and apply for an ESTA, or 2) enter on her green card.

I’m 99% sure the correct thing to do is #1, which wouldn’t jeopardize her current entry or future ones if we decide to move back to the US, but wanted to check to get peoples thoughts.

One of my friends mentioned that a lot of people maintain their green card status by entering the US every 6 months or so, but he also mentioned that the border agent can revoke the green card at any time seeing the US clearly wouldn’t be our primary residence and my wife definitely wouldn’t lie if asked directly.

Any thoughts would be greatly appreciated.

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Old 30th November 2019, 10:38 PM
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From your earlier post you moved to the UK earlier this year (when?); so the green card is still valid.

Personally, to make sure there is no hassle at the entry port, I would file the I-407 and go for the ESTA.


Yes, a border official can revoke the green card at any time if he believes you are not permanently resident in the US. Visiting every 6 months may or may not be sufficient to maintain it.

Once out of the US for a year or more your green card will lapse anyway. Moving back to the US will mean starting the immigration process again.

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Old 1st December 2019, 07:29 AM
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@crawford we moved back in April of this year, so yes, the green card is still valid.

Thank you for taking time to respond, very helpful. In hind site, abandoning is obviously the right thing to do as our situation seems quite textbook, but I guess it’s more so coming to grips with reality as it was such a drawn out process to get it! From what I read though, getting another one when we decide to move back shouldn’t be nearly as difficult and we can coordinate timing better form the UK.

Anyway, thank you again for your help and reassurance.

All the best,
TJ

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Old 1st December 2019, 08:24 AM
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@crawford the USCIS website says that you can turn in the form to a border officer upon entry instead of mailing it in.

We’re traveling on the 9th of this month, so I’m worried that even if we express mail it to the USCIS, we won’t receive any proof of abandonment in time.

So I’m thinking of filing for an ESTA and bringing our form with us to give to the border officer along with my wife’s green card.

Thoughts?

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Old 1st December 2019, 04:20 PM
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Quote:
Originally Posted by sponjah View Post
@crawford the USCIS website says that you can turn in the form to a border officer upon entry instead of mailing it in.

We’re traveling on the 9th of this month, so I’m worried that even if we express mail it to the USCIS, we won’t receive any proof of abandonment in time.

So I’m thinking of filing for an ESTA and bringing our form with us to give to the border officer along with my wife’s green card.

Thoughts?
Yes, I read that too..... hand it in to border official

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Old 1st December 2019, 04:30 PM
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@crawford thank you again! Enjoy your holidays.

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