Leaving the US Before I-751

[stardusted 0]

I feel like I have a good grasp on the situation and have read lots of posts regarding the topic, but wanted to make sure I've got it right. My conditional status expires 08/11/11. My husband and I are planning to move back to Thailand early next year, likely at the end of January 2011. We are sure that this move will be permanent and so I realize that the best decision might be to let my status die a natural death. (I don't quite see the point of going through the ROC when I won't be there while filing, and we will probably be back in the States for only a couple of weeks over Christmas 2011.) Does it make sense to simply give up my permanent resident status? I will probably just get a tourist visa for our visits back here. (I had a 10-year B1/B2 visa before my K1 so don't think it'll be a problem to return to the States for visits.) I just need a few different opinions on the situation to be sure I'm choosing the best path. Suggestions are welcomed.

PS. We have considered filing the I-131 for a reentry permit, but don't see the point when we are planning to live in Bangkok. Paying that $300 fee just to put the status on hold isn't going to change our decision, and we've moved so much already that we're not planning to bounce around anymore.

[v333k 59]

I feel like I have a good grasp on the situation and have read lots of posts regarding the topic, but wanted to make sure I've got it right. My conditional status expires 08/11/11. My husband and I are planning to move back to Thailand early next year, likely at the end of January 2011. We are sure that this move will be permanent and so I realize that the best decision might be to let my status die a natural death. (I don't quite see the point of going through the ROC when I won't be there while filing, and we will probably be back in the States for only a couple of weeks over Christmas 2011.) Does it make sense to simply give up my permanent resident status? I will probably just get a tourist visa for our visits back here. (I had a 10-year B1/B2 visa before my K1 so don't think it'll be a problem to return to the States for visits.) I just need a few different opinions on the situation to be sure I'm choosing the best path. Suggestions are welcomed.

PS. We have considered filing the I-131 for a reentry permit, but don't see the point when we are planning to live in Bangkok. Paying that $300 fee just to put the status on hold isn't going to change our decision, and we've moved so much already that we're not planning to bounce around anymore.

I think there is a form you can submit requesting the termination of your PR status. It may sit better with USCIS in case in the future you want to apply again. If you leave and let your PR run out, then they might not realize you have already left the country. Then they will consider your application abandoned as well as start deportation procedures. Again, in the future, if you decide to apply for PR again, you will have to do a lot of work to convince them that you left and not deported.... especially if they have their facts wrong....

this is only my opinion...

[Brother Hesekiel 2,236]

What will you be doing in September of 2013? At what time will your husband have his first heart attack?

You don't know? But you know that the move will be permanently and you won't be coming back? How's that?

In any case, you do not let your residency die a natural death, as that might not happen. If you don't file, your residency will be terminated and you will be given an appointment in front of an immigration judge. If you don't show up, you will be ordered deported, at which time the 5-year ban kicks in.

Then, in 2013, after you decide to come back, maybe because of your husband's heart attack and the fact that by that time every US citizen has free health care, you can't, because they won't let you.

Therefore, I suggest you surrender you GC formally at the US embassy in your home country, but not before it is about to expire. There's nothing to gain by giving it back earlier. You won't get any bonus points for it.

Edited May 23, 2010 by Just Bob

[Dakine 26]

No medicare abroad. Long term care ain't much either. You never know when you are going to have a disabilitating injury or illness. It WILL happen tho.

Edited May 23, 2010 by Dakine

[w8inglongtime 29]

Does it make sense to simply give up my permanent resident status? I will probably just get a tourist visa for our visits back here. (I had a 10-year B1/B2 visa before my K1 so don't think it'll be a problem to return to the States for visits.) I just need a few different opinions on the situation to be sure I'm choosing the best path. Suggestions are welcomed.

If you let it "die" your future chances of coming back will die along with your green card. Don't forget if you fail to file ROC, your residency will be terminated and if you do not show up infront of a judge either, the ban starts ticking away. Why don't you gust give it up the right way. You will sign some documents and they will have proof that you were not deported but you left on your own terms. That's the only way you will ever get any other type of visa in the future. Do not do it the way you are planning.

[stardusted 0]

Thank you for all your great advice. You're all right--I was going to figure out the right way to give up the status and not just fall off the face of the USCIS planet. I will definitely do whatever I have to to properly give up the green card.

[AandLKC 1]

Why do u have to give it up ??.. if you are a spouse of a U.S citizen you can apply for citizenship after 2.5 years of being in U.S. I think the smart move is to get the U.S citizenship and get a visa for extended stay in Thailand … just a point of view from someone who doesn’t know your reasoning …. This way you are entitled to social security … and at least get back some of what you paid toward SS.

[v333k 59]

Why do u have to give it up ??.. if you are a spouse of a U.S citizen you can apply for citizenship after 2.5 years of being in U.S. I think the smart move is to get the U.S citizenship and get a visa for extended stay in Thailand … just a point of view from someone who doesn’t know your reasoning …. This way you are entitled to social security … and at least get back some of what you paid toward SS.

The timeline is a little more stretched than you mention here but it is also a good idea. However, the OP still has a year to go for ROC, then another year to get eligible for naturalization and then 4-5 months before they can actually get naturalized...

The idea is great if the OP is willing to stay for 2 more years. Or, they can apply for re-entry permit and travel for 5 months then come back, go through ROC then travel again for 5 months, then return and apply for naturalization....

it might work.