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Katz

Leaving America permanently on a conditional green card.

By Katz in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Katz Enthusiast

Katz   0

Posted
Filed: AOS (apr) Country: Australia
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Hi all... It's been a while since I've been here. I hope this is the correct place to post this question. My apologies if not.

My husband (US citizen) and I have plans on permanently leaving America and moving to Australia (where I am from) late this year/early next year. I am on a conditional green card which will expire early February of 2011. Our plan is for me to leave in October and he will later follow when his visa stuff is sorted out. Is it legal for me to just up and leave for home without filing for the 10 year green card? Do I have to notify the USCIS when I leave? I plan on doing so anyway... But is it absolutely necessary? Would like some advice.

Thank you.

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

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Well . . . of course you can leave the US without doing anything.

But since you can never be sure what the future will bring, you might want to do anything possible to keep the back door open, don't you agree?

First of all, if you leave the US and don't file for ROC, USCIS will consider your petition abandoned and, about a year and a few months later, formally start removal conditions. All this is done by humanoid drones who don't know that you left the US and why you left. For the drones you might as well be running around the country illegally, so they will try to catch you and get you deported.

To avoid that, you may want to officially let USCIS know that you and your USC husband moved to Australia. You can surrender your GC at the airport when leaving, or just mail it with a nice letter once you are in Australia. KEEP YOUR FLIGHT ticket to prove when you left.

If things change in the future, you just file for DCF in Australia, and once it's approved, you will be rewarded with a 10-year GC.

Wish you the best in Australia. It's a beautiful country.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Luckygoat Enthusiast

Luckygoat   2

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Filed: Other Country: Barbados
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Hi all... It's been a while since I've been here. I hope this is the correct place to post this question. My apologies if not.

My husband (US citizen) and I have plans on permanently leaving America and moving to Australia (where I am from) late this year/early next year. I am on a conditional green card which will expire early February of 2011. Our plan is for me to leave in October and he will later follow when his visa stuff is sorted out. Is it legal for me to just up and leave for home without filing for the 10 year green card? Do I have to notify the USCIS when I leave? I plan on doing so anyway... But is it absolutely necessary? Would like some advice.

Thank you.

Yes it is perfectly legal for u to up and leave (probably what the USCIS wishes all of us do) but it doesnt make complete sense to do such a thing. I am sure your mind is already made up but you never know what might happen. Suppose the USC hates Austrila and wants to move back? Then you will have to go through the whole process again. Any logical person will will complete the 10 green card so he/she can have a choice.

Came to the U.S on a F1 visa January 2008

Got engaged to my USC girlfriend Dec 2008

DEC 29th 2009 Married

JAN 27th 2010 Medical completed Jan 27th

FEB 17th 2010 AOS + I-130 package sent

FEB 25th Got emails with all receipt # ( but not able to check on USCIS site)

FEB 28th Online status check available

MAR 1st Received Hard Copy of NOA's in the mail

MAR 8th Received Biometrics appointment in mail: for Mar 18th (however no updates on site or email notifications)

MAR 9th Biometrics complete via walk-in (All docs touched on USCIS site)

MAR 26th Received interview appointment (For May 6th)

APR 23rd Touched on I-130 and I-485

APR 26th Touched on all docs, EAD card production ordered

MAY 1st Advance patrol in mail

MAY 6th Interview (Request for additional information)

MAY 6th EAD in mail

June 1st (RFE mailed in)

June 28th Notice of approval on USCIS website

July 3th GREEN CARD INT HE MAIL!!!

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Nik+Heather Experienced

Nik+Heather   121

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Filed: Citizen (pnd) Country: United Kingdom
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Yes it is perfectly legal for u to up and leave (probably what the USCIS wishes all of us do) but it doesnt make complete sense to do such a thing. I am sure your mind is already made up but you never know what might happen. Suppose the USC hates Austrila and wants to move back? Then you will have to go through the whole process again. Any logical person will will complete the 10 green card so he/she can have a choice.

I agree. Do nothing for now. You can just let the GC expire, or shortly before it expires, formally relinquish it to the embassy in Australia....As others have said, who knows what could happen. No use eliminating options.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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jcrom Contributor

jcrom   2

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Filed: Citizen (apr) Country: Colombia
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ok, here it goes your response. It is possible to do it; you can leave the U.S. but you cannot come back. You have to make sure that you have a special permission of USCIS that is max 1 year and you can do it once , I think. I really don't recommend you that you go back to Australia at least with your U.S. citizenship on you hand. Why? you are going to be in trouble later, it is possible with the 10 year green card, but you have to be entering the U.S. each year and with the special permission, so it is very difficult. I know that the U.S. economy sucks now, and I know Australia your country is an amazing country to live. However, if your husband loves you, ask him the favor of postponing that decision at least when you have your U.S. citizenship and U.S passport in your hands. I figure that you have to wait around at least 9 months more that you have to send the paperwork of your conditional to change it into permanent 10 year green card; from this point, at exactly 2 years and 9 months (wait a more days so you are much better with the time) you can fill your paper work for your U.S. citizenship better. I recommend you this in my own opinion, it is not worthy that you are going to lose all your green card for go back to Australia, be wise and wait a few years until your U.S. citizenship! Therefore, you will be dual American and Australian Citizen as Nicole Kidman. Thanks and bye,

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