Returning to Australia

[Becky 0]

Hi all,

It has been a while since I visited these forums, but they were a sanity saver for me as my (now) husband and I first applied for a K1 visa, then AOS and the whole shebang. I've been living happily married in the US for almost 4 years now, and we have decided to move with our young son back to Australia to be with my family. My Greencard is valid until 2016. I rang the USCIS hotline to find out about relinquishing my LPR status only to find out they're still super cranky. I explained that I am moving permanently back to Australia, and want to know the process for giving up my Greencard such that I won't have any issues if I visit the US on the VWP in the future. She said I could just leave and not tell anyone. GREAT advice!

So, using other means, I found out I have to file Form I-407 and hand over my Greencard, however the form does not have any filing instructions. We are leaving the US in 2 weeks. Could someone please let me know if I have to send this form to the USCIS here, to the US Consulate in Sydney, or can I hand it to the Immigration Officer when we depart the US?

Thanks in advance,

Becky

[Bobby+Umit 161]

Normal procedure is to hand it in to the CBP when you leave the country (explaining the situation and filling out the 407)

Edited October 5, 2009 by Bobby_Umit

[JERIII 8]

Hi all,

It has been a while since I visited these forums, but they were a sanity saver for me as my (now) husband and I first applied for a K1 visa, then AOS and the whole shebang. I've been living happily married in the US for almost 4 years now, and we have decided to move with our young son back to Australia to be with my family. My Greencard is valid until 2016. I rang the USCIS hotline to find out about relinquishing my LPR status only to find out they're still super cranky. I explained that I am moving permanently back to Australia, and want to know the process for giving up my Greencard such that I won't have any issues if I visit the US on the VWP in the future. She said I could just leave and not tell anyone. GREAT advice!

So, using other means, I found out I have to file Form I-407 and hand over my Greencard, however the form does not have any filing instructions. We are leaving the US in 2 weeks. Could someone please let me know if I have to send this form to the USCIS here, to the US Consulate in Sydney, or can I hand it to the Immigration Officer when we depart the US?

Thanks in advance,

Becky

The form is often sent to the consulate in the country you have moved to after you are sure you are not moving back (I've seen instructions for doing this on a couple of consulate web sites). I suppose you can hand it to Immigration when you depart, except that I don't know how you would GET to Immigration in most airports, since there is no control on departure, and immigration is usually in the arrival area. Do not, under any circumstances, give it to a TSA security person, it will never get to the right place.

Edited October 5, 2009 by JERIII

[redglasses 1]

I don't know if you can file I-407 at the USCIS, but I do know you can file it at one of the US embassy or consulates in Australia.

Surrendering your GC at a US airport wouldn't be a good idea.

It's better to file I-407 in person and receive a certified copy (receipt) of I-407 so you can use it as a proof of abandoning your GC at the time you enter the US on VWP next time.

[Becky 0]

Thanks for your replies and advice.

I will take a copy of my paperwork to the airport with me incase I go through some kind of immigration checkpoint, although I know it's not normal procedure on the way out of the US. Otherwise, I think I may have to contact the US Consulate in Sydney. I just prefer to be over-prepared rather than have troubles down the line!

Thanks again, and best wishes to you.

[Ed+Cindy 1]

You don't want to get a US passport, to help in case you return in the future?

If you have been an LPR for 4 years married to the same USC, you are eligible.

Just my thoughts, so you can avoid issues with VWP in the future.

My wife and will move back to NZ (or Aus) in a few years, but we'll definitely wait for her to get a US passport.

CBP is only getting more annoying with visitors entering the US and if you can get a US passport, you don't have to deal with any of it ever again.