Moving to homecountry

[marieke 1]

I have been unemployed since June 08 after layoffs due to Hurricane Ike. I am not able to find a job, so we decided (amongst other reasons) to move back to the Netherlands in May.

I am supposed to file to remove conditions in April, because my 2yr GC expires in July.

What do i need to do with USCIS. Just call and notify?

Also does anyone know a good forum on immigrating to Holland/Europe for my husband, as he will now go through the same process.

Thanks!

[Bobby+Umit 161]

What are your intentions? to forgo the green card (since your moving back to the NL?)

Or are you wishing to keep the GC?

[marieke 1]

Forgo, its alwys been in the planning to go back. Just not this soon.

[v333k 59]

I have been unemployed since June 08 after layoffs due to Hurricane Ike. I am not able to find a job, so we decided (amongst other reasons) to move back to the Netherlands in May.

I am supposed to file to remove conditions in April, because my 2yr GC expires in July.

What do i need to do with USCIS. Just call and notify?

Also does anyone know a good forum on immigrating to Holland/Europe for my husband, as he will now go through the same process.

Thanks!

You need to file form I-751 for ROC. However, to maintain your residency in the US, you should continue living in the US. USCIS could say that you have abandoned your residency if you say too long outside of the country. I suggest you wait on Holland/Europe immigration and wait until you get USC (which is after 3 years) then you are free to do whatever you want.

I realize that you were in a difficult situation and that is why you decided to go outside the country, but obtaining residency has its rules and people need to stick to them.

There is a great wealth of information on this forum, so spend some time on it and see all the requirements.

[marieke 1]

You need to file form I-751 for ROC. However, to maintain your residency in the US, you should continue living in the US. USCIS could say that you have abandoned your residency if you say too long outside of the country. I suggest you wait on Holland/Europe immigration and wait until you get USC (which is after 3 years) then you are free to do whatever you want.

I realize that you were in a difficult situation and that is why you decided to go outside the country, but obtaining residency has its rules and people need to stick to them.

There is a great wealth of information on this forum, so spend some time on it and see all the requirements.

I don't wish to maintain my US residency. I don't wish to abandon it, just want to discontinue with no intent of coming back. This was always temporary. But because i am not able to find a job and my benefits are running out, we need to leave. Want to leave.

[Bobby+Umit 161]

I don't wish to maintain my US residency. I don't wish to abandon it, just want to discontinue with no intent of coming back. This was always temporary. But because i am not able to find a job and my benefits are running out, we need to leave. Want to leave.

If you do not maintain your US residency, you are abandoning your GC status. If you leave prior to removing conditions, you are abandoning your GC.

Your in a precarious position - your 2yr card is dependent on you staying in the US during that time (not withstanding vacations outside the US of course) - but the idea is maintain an US residence.

If you had the 10yr green card, and left the US for more than a year, you would need to fill out paperwork notifying USCIS of that fact. Going over a year, without this, can pull your GC.

So I would suggest you wait till you remove conditions, then file the proper paperwork to leave the US for an extended time without endangering your GC status.

However, if you wish to walk away from the GC, you just can turn it in at the border.

[marieke 1]

If you do not maintain your US residency, you are abandoning your GC status. If you leave prior to removing conditions, you are abandoning your GC.

Your in a precarious position - your 2yr card is dependent on you staying in the US during that time (not withstanding vacations outside the US of course) - but the idea is maintain an US residence.

If you had the 10yr green card, and left the US for more than a year, you would need to fill out paperwork notifying USCIS of that fact. Going over a year, without this, can pull your GC.

So I would suggest you wait till you remove conditions, then file the proper paperwork to leave the US for an extended time without endangering your GC status.

However, if you wish to walk away from the GC, you just can turn it in at the border.

Meaning i pay the $500 fee (or whatever it is now) and then leave right after? Before receiving my GC?

We have no intention to live in the states again, why would i want to do it the way you say it.

This is interesting. I figured it wouldn't matter since i want to move to europe.

[payxibka 10,045]

Your in a precarious position - your 2yr card is dependent on you staying in the US during that time (not withstanding vacations outside the US of course) - but the idea is maintain an US residence.

If you had the 10yr green card, and left the US for more than a year, you would need to fill out paperwork notifying USCIS of that fact. Going over a year, without this, can pull your GC.

ANY greencard is dependant on maintaning residency and is not any different between a 2yr or a 10 yr card. A 2 yr card is "conditional" based on a bonafide marriage relationship. The OP does not wish to maintain his greencard.. he can leave anytime he wants.. ROC is not needed for him based on stated intentions

[marieke 1]

ANY greencard is dependant on maintaning residency and is not any different between a 2yr or a 10 yr card. A 2 yr card is "conditional" based on a bonafide marriage relationship. The OP does not wish to maintain his greencard.. he can leave anytime he wants.. ROC is not needed for him based on stated intentions

Thank you. I didn't think it would be this difficult !

I got my answer somewhere else. I need to fill in this form:

http://www.usembassy.org.uk/dhs/uscis/abandon.html

[TracyTN 237]

There's no need to badger the OP about it - not everyone wants to live here the rest of their lives.

Glad you got your answer, marieke.

[marieke 1]

There's no need to badger the OP about it - not everyone wants to live here the rest of their lives.

Glad you got your answer, marieke.

Thanks Tracy!

[v333k 59]

I don't wish to maintain my US residency. I don't wish to abandon it, just want to discontinue with no intent of coming back. This was always temporary. But because i am not able to find a job and my benefits are running out, we need to leave. Want to leave.

It wasn't clear that you didn't need the residency status here. In that case, it is always a good idea to inform them like you are going to do.

Good luck with your journey in Europe!

[Bobby+Umit 161]

ANY greencard is dependant on maintaning residency and is not any different between a 2yr or a 10 yr card. A 2 yr card is "conditional" based on a bonafide marriage relationship. The OP does not wish to maintain his greencard.. he can leave anytime he wants.. ROC is not needed for him based on stated intentions

Your correct on that - I should of said one of the conditions... Thanks for keeping me on my toes.

However, I never suggested they could not leave without doing the ROC -

However, if you wish to walk away from the GC, you just can turn it in at the border.

I was giving the OP options to help maintain their GC, and leave the US, since they said

I don't wish to abandon it...

- not doing the ROC will abandon it.

I thought perhaps the OP wasn't sure in their intentions, subsequent posts shows they are.

[marieke 1]

It seems pretty straight forward, but a couple of last questions; when should i sent it back? couple weeks before leaving the country?

Forms

You will need to complete the yellow-highlighted sections in form I-407 [PDF 624Kb], "Abandonment of Lawful Permanent Residence". Please note that this is a Form-Fill PDF format that allows you to type in the information prior to printing.

Supporting Documentation

Please return the following items to the address below:

* Completed I-407

o Note 1: Item 6(a) - Be sure to state your reasons for abandoning your permanent resident status;

o Note 2: Item 6(d) - Do not write anything in this block.

* Permanent Resident Card (I-551)

o Note 3: If you don't have your permanent resident card (lost/stolen/misplaced), please explain in 6(B).

* Your Permit to Re-Enter (I-327) (only if applicable)

* G-28 - Notice of Entry of Appearance as Attorney or Representative (only if applicable)

* A stamped, self-addressed envelope ( Note: If more than one application is submitted from one family, you only need to provide one envelope)

Special Note: Do not submit United States Social Security cards to this office. Contact the U.S. Embassy Federal Benefits Unit for information on the return of social security cards.

Mailing Address

USCIS I-407

American Embassy

P.O. Box 2444

London W1A 5WT

Once the U.S. Citizenship and Immigration Services office receives your completed Form I-407 and your Permanent Resident Card, the appropriate documentation stamps will be placed on the form along with the USCIS officer's signature. A copy of this form will be returned to you in the stamped, self-address envelope you provide. This copy of the completed I-407 is your receipt and it validates the return of your Permanent Resident Card. You should keep a copy of the completed I-407 with your passport when you travel to the United States. I don't have to 'hand it in at the border' as previously stated. But I need to keep his form with my passport at any time i travel to the US in the future?

Abandoning your Permanent Resident Card and status does not affect your ability to apply to immigrate to the United States at some future time. However, you will have to begin the process anew and apply through the usual application process.

We'll see what the future hold but its Home for now..

Edited January 7, 2010 by marieke

[marieke 1]

Your correct on that - I should of said one of the conditions... Thanks for keeping me on my toes.

However, I never suggested they could not leave without doing the ROC -

I was giving the OP options to help maintain their GC, and leave the US, since they said - not doing the ROC will abandon it.

I thought perhaps the OP wasn't sure in their intentions, subsequent posts shows they are.

When i said 'i dont wish to abandon it' i meant, i am not trying to just up and leave. Abandon the GC. I was clear in that i 'had no intent of coming back'

Either way, i found my answer.

Edited January 7, 2010 by marieke