removal of conditions advice

[jiy5678 0]

Hi Everyone,

I received my green card on May 10, 2011, and quickly am approaching the time where I am to file the i-751. My issue is that I my husband and I have decided to move back to Canada for good. I'm originally from Canada and he is a US Citizen. We have started the immigration process for me to sponsor him as a spouse in Canada, and so far it is going well. We are planning to move back to Canada, soon after the deadline to remove the conditions on my green card has passed.

My question is, should I submit the I-751 form even though I know I am going to be moving before it is processed, so that I can stay in the US? Or does anyone know if there is a way to notify the government of my plans, outside of submitting the form?

I know that it isn't a popular decision to give up your green card, but we've decided that Canada is the best place for us to settle, and at the time of immigration, moving to the US and being together seemed the best situation. Please keep responses positive.

If anyone has any advice or phone numbers (that work) please let me know!

Thanks in advance!

[Sandra G. 5,043]

If you don't want to live in the USA anymore then you should surrender your green card. You will have to complete an I-407 form, you can file out the form at the U.S. Embassy in Canada or at a Customs and Border Patrol inspection area at the airport or border.

[caly 48]

You can legally stay in the US up until your conditional green card expires. If you are sure that your husband's Canadian immigration paperwork will be ready before that date (or you wouldn't mind moving ahead of your husband) then there is no need to file for Removal of Conditions.

As mentioned above, you should surrender your green card when you leave. This will tie up all loose ends.

Good luck with the move back home!

[jiy5678 0]

Thanks for letting me know about form I-407! I will fill that out when I get to the border. I am still concerned about what happens during the time between the end date of my green card and when I cross the border. I am worried about staying in the US without applying to remove my conditions as my green card expiry date is May 10, 2013, and I plan on being here until around the time, but may be here a bit longer. I am curious if there is a way I could let the government know my plans, by potentially sending a letter to where I would send the I-751 stating my case? Any thoughts on that?

[Villanelle 4,122]

Your card was issued May 10 2011, so it expires May 10 2013. You either have to leave the country and surrender it on or before May 10 2013 or file for ROC with in the 90 day window. If you fail to file for ROC, you will automatically be placed into the system as 'ROC violator' and will be subsequently prosecuted. There is no number you can call or form to submit to say, hey Im gonna be leaving the country in June or July, thats why I didnt file, or Im not going to file, so dont place me in the immigration court system as a 'ROC violator' kay?

It just doesnt work that way. Getting yourself placed into the system is a bad idea. Youre going to have to get yourself out of the system before you leave. If you dont- well, if you ever decide to come back to the US, youre going to have problems. Because now, or rather then (in the future) youd be trying to enter as someone who left with an unresolved issue pending in the system.

(Being subsequently prosecuted for failing to file for ROC in the first paragraph means, if you fail to file for ROC, you will receive a notice in the mail that says your ROC deadline passed and you failed to remove conditions, you would have to go to immigration court and answer as to why you failed to file. You would be ordered to file or face immediate deportation- depending on the judge immediate deportation could be voluntary or via ICE escort. Voluntary isnt so bad, theyd give you X amount of time to leave. ICE escort would mean youd be taken to jail, and transported across the border as a prisoner)

[VanessaTony 3,567]

If I were you I would make an infopass to ask about it but I would give up your GC and then return as a typical Canadian visitor to finalise things. There shouldn't be a problem with that because you clearly don't have immigrant intent.

[jiy5678 0]

Thanks so much for all your quick replies! I was hoping to move back to Canada by the end of May (just finishing up a few things in the US)and didn't think staying a couple weeks after the expiry date would make a big difference, but now I'm sure it will! Thanks for letting me know.

I will have to head back to Canada and return as a visitor. Luckily I have some air miles saved up!

Thanks everyone!