CR1 abandonment

[aphrodite7 1]

Hi everyone,

I have something to ask to everyone who can give me any advice regarding my current situation right now:

I am currently a CR1 visa holder, and my gc would expire next year (Sept. 2013). I have my ssn and gc with me already, however, me and my husband are having difficulties living here in the US. We took the risk of opening up a small business, but it didn't really worked out. All our savings are almost gone now. We both tried looking for other jobs to support us, but up to this point, we didn't find any. So, we have decided to just close our business, and head back overseas to save up again and just come back after 3 or 4 years.

By doing that, I would be abandoning my current status (CR1) and that's what I'm really worried about. My questions are:

1. Would it be best to just surrender my current green card at the airport before I leave? And tell them our situation.

2. Should I try applying for a re-entry permit? However, I wouldn't be able to go back and forth (not more than 6 mos) since we wouldn't be able to afford plane tickets (for USA).

3. Just leave the US and re-apply in the future. (By that time, we could apply for IR1 directly since we're married for more than 2 years.)

Right now, my husband said that no. 3 is what he thinks we can do since we are very low in money right now, and our future is more important than my visa. However, I'm worried that if we do that, I would be blacklisted or something once we re-apply in the future. If not blacklisted, maybe the immigration would give us a hard time with the process.

I am really needing your help guys.. Any advice is highly appreciated. Thank you for your time reading my post.

**Before we came to the US, we were able to save up and had a wonderful life living and working in Asia. The reason we decided to come to the US and try our luck here is mainly to see my father-in-law who is currently sick. We've already visited him and at the same time, we thought that the economy here is way better than before, but we were wrong. Now, our hope is to just go back to Asia again, and save up there. Then, hopefully in three years time, life here in the US is going to be way better than what we have right now.

[grrrrreat 109]

Hi everyone,

I have something to ask to everyone who can give me any advice regarding my current situation right now:

I am currently a CR1 visa holder, and my gc would expire next year (Sept. 2013). I have my ssn and gc with me already, however, me and my husband are having difficulties living here in the US. We took the risk of opening up a small business, but it didn't really worked out. All our savings are almost gone now. We both tried looking for other jobs to support us, but up to this point, we didn't find any. So, we have decided to just close our business, and head back overseas to save up again and just come back after 3 or 4 years.

By doing that, I would be abandoning my current status (CR1) and that's what I'm really worried about. My questions are:

1. Would it be best to just surrender my current green card at the airport before I leave? And tell them our situation.

2. Should I try applying for a re-entry permit? However, I wouldn't be able to go back and forth (not more than 6 mos) since we wouldn't be able to afford plane tickets (for USA).

3. Just leave the US and re-apply in the future. (By that time, we could apply for IR1 directly since we're married for more than 2 years.)

Right now, my husband said that no. 3 is what he thinks we can do since we are very low in money right now, and our future is more important than my visa. However, I'm worried that if we do that, I would be blacklisted or something once we re-apply in the future. If not blacklisted, maybe the immigration would give us a hard time with the process.

I am really needing your help guys.. Any advice is highly appreciated. Thank you for your time reading my post.

**Before we came to the US, we were able to save up and had a wonderful life living and working in Asia. The reason we decided to come to the US and try our luck here is mainly to see my father-in-law who is currently sick. We've already visited him and at the same time, we thought that the economy here is way better than before, but we were wrong. Now, our hope is to just go back to Asia again, and save up there. Then, hopefully in three years time, life here in the US is going to be way better than what we have right now.

Three to four years is too long outside of the U.S. to keep your LPR (Green Card), even if you did get a re-entry permit. Also, if you sell your business and give up your home you won't be able to show that you stayed resident in the U.S. (and it sounds like you don't intend to live here, but overseas). Even if you kept the Green Card, you will likely be denied re-entry at the border. In addition, you'll have to abandon your LPR if you want to apply for another kind of visa back to come back to the U.S. If you abandon your LPR, you'll have to go through the CR-1 process again to come back to the U.S.

[aphrodite7 1]

Three to four years is too long outside of the U.S. to keep your LPR (Green Card), even if you did get a re-entry permit. Also, if you sell your business and give up your home you won't be able to show that you stayed resident in the U.S. (and it sounds like you don't intend to live here, but overseas). Even if you kept the Green Card, you will likely be denied re-entry at the border. In addition, you'll have to abandon your LPR if you want to apply for another kind of visa back to come back to the U.S. If you abandon your LPR, you'll have to go through the CR-1 process again to come back to the U.S.

The only investment we had here was our business. Pretty much all our funds we're used up. We don't own a house here, just renting out an apartment. In reference to what you've mentioned lastly: ("If you abandon your LPR, you'll have to go through the CR-1 process again to come back to the U.S."). Did you mean that even though we're married for 5 years when we re-apply in the future, I would have to go through the CR1 process again? Not IR1?

Thank you for your reply. Appreciate it.

[Darnell 8,479]

option 3, and yes, it would be an IR-1.

[aphrodite7 1]

option 3, and yes, it would be an IR-1.

Thank you, Darnell. Appreciate it.

[jaycali 415]

The only investment we had here was our business. Pretty much all our funds we're used up. We don't own a house here, just renting out an apartment. In reference to what you've mentioned lastly: ("If you abandon your LPR, you'll have to go through the CR-1 process again to come back to the U.S."). Did you mean that even though we're married for 5 years when we re-apply in the future, I would have to go through the CR1 process again? Not IR1? Thank you for your reply. Appreciate it.

You'd get an IR-1 in that case yea. The CR-1 and IR-1 process is virtually the same, you just won't have to remove conditions for the IR-1. I don't think you would have a very hard time re-applying in a few years time if you both still live together in marriage. It's perfectly legal to abandon your LPR status, and it's perfectly legal and normal for US citizens and their foreign spouses to move. In fact, surrendering your green card is exactly what you should do if you plan to reside outside the US. You should voluntarily surrender your Green Card.

The only problem I could see you maybe having would be if you wanted to visit the US before you re-apply for the IR-1 visa. You'd need a B-2 visa, and for that you obviously have to prove sufficient ties to the Philippines. Having a US citizen spouse can be a liability in those cases, but if you can sufficiently document that you both reside there and intend to continue living there, you should have a good shot of getting a B-2 as well. (After all, you voluntarily surrendered your LPR status).

If/when you do decide to move back to the US, plan the I-130 filing accordingly. That way you'll be able to time it right, and the waiting for it won't be an issue. Also, make sure you know what visa/documents your husband needs in order to legally move to the Philippines or whatever country you plan to reside in.

Edited April 10, 2012 by jaejayC

[aphrodite7 1]

You'd get an IR-1 in that case yea. The CR-1 and IR-1 process is virtually the same, you just won't have to remove conditions for the IR-1. I don't think you would have a very hard time re-applying in a few years time if you both still live together in marriage. It's perfectly legal to abandon your LPR status, and it's perfectly legal and normal for US citizens and their foreign spouses to move. In fact, surrendering your green card is exactly what you should do if you plan to reside outside the US. You should voluntarily surrender your Green Card.

The only problem I could see you maybe having would be if you wanted to visit the US before you re-apply for the IR-1 visa. You'd need a B-2 visa, and for that you obviously have to prove sufficient ties to the Philippines. Having a US citizen spouse can be a liability in those cases, but if you can sufficiently document that you both reside there and intend to continue living there, you should have a good shot of getting a B-2 as well. (After all, you voluntarily surrendered your LPR status).

Thank you so much for the replies. So, you think I should surrender my visa at the airport before I leave then?

[grrrrreat 109]

Thank you so much for the replies. So, you think I should surrender my visa at the airport before I leave then?

I think you have to wait until you are back home and go to the US Embassy. The U.S. doesn't have passport control leaving the U.S. And yes, I meant IR-1 not CR-1 previously. They are the same process, so I usually say CR-1/IR-1 but forgot this time.

[aphrodite7 1]

I think you have to wait until you are back home and go to the US Embassy. The U.S. doesn't have passport control leaving the U.S. And yes, I meant IR-1 not CR-1 previously. They are the same process, so I usually say CR-1/IR-1 but forgot this time.

Thank you. So far, option 3 sounds like a good plan from the replies here.

[Leatherneck 693]

Be sure to make a record (photo copy) of the current GC for future reference.

You can fill out a click here form I-407 and return the card to the Embassy in Manila.

Edited April 10, 2012 by Leatherneck

[aphrodite7 1]

Be sure to make a record (photo copy) of the current GC for future reference.

You can fill out a click here form I-407 and return the card to the Embassy in Manila.

Thank you. I hope I wouldn't have any problems re-applying in the future. It's a tough decision for me to do this, but I have to do it. <sigh>

[Leatherneck 693]

Thank you. I hope I wouldn't have any problems re-applying in the future. It's a tough decision for me to do this, but I have to do it. <sigh>

You can reapply in the future - the best way to handle it is to surrender the card voluntarily. On the I-407, you'll be able to explain why you're abandoning your LPR status.

Are you the Pinay that lives in the Sacramento (Rancho Cordova) area that was looking for other Pinay friends in your area? I think that was about November when you

were seeking friends.

[aphrodite7 1]

You can reapply in the future - the best way to handle it is to surrender the card voluntarily. On the I-407, you'll be able to explain why you're abandoning your LPR status.

Are you the Pinay that lives in the Sacramento (Rancho Cordova) area that was looking for other Pinay friends in your area? I think that was about November when you

were seeking friends.

Yes, that's me. Things are not not working pretty good with us here. That's why we're moving back overseas again.

[Leatherneck 693]

Yes, that's me. Things are not not working pretty good with us here. That's why we're moving back overseas again.

I do understand - the economy is still rather tough in California. I hope it all works out for you and your husband back in the Philippines.

Best wishes.

[aphrodite7 1]

I do understand - the economy is still rather tough in California. I hope it all works out for you and your husband back in the Philippines.

Best wishes.

Thank you Leatherneck. We're not going back to the Philippines but to Korea.