CR1 abandonment

[Leatherneck 693]

Ok, wherever your plans take you and your family - best wishes.

[aphrodite7 1]

Ok, wherever your plans take you and your family - best wishes.

Appreciate all your response guys.

[unlockingsky 94]

i like to offer an alternative.

why not find work in another state? maybe it is the mentality of owning a business that is framing your situation.

[evelyn1140 18]

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.

you can have a leave of absent for 2 years. You can apply for it. My grandmother does that just check USCIS

[grrrrreat 109]

you can have a leave of absent for 2 years. You can apply for it. My grandmother does that just check USCIS

Poster wants to be gone for four years, and she wants to give up her U.S. residence, so the reentry permit won't help.

[Tahoma 2,292]

When you are ready to return to the U.S., you might want to check into a Direct Consular Filing (DCF). I understand a DCF can be processed fairly quickly.

[james&adry 3]

Best of luck to you, 2 questions though if I may, what part of Korea you heading to and what kind of business did you venture in here or prior? Curious because I used to live in S. Korea near Osan for my one year remote and it was one of my most memorable experiences. What a wonderful country!

[aphrodite7 1]

i like to offer an alternative.

why not find work in another state? maybe it is the mentality of owning a business that is framing your situation.

Thank you for the reply. In response to your question, at this point of time, we cannot afford to start over in a different state. I understand that many people are thinking that why should we not just look into moving to a different state and try to start over. We can't do that having just enough money to live off for a month (or less - after paying rent for this month). Also, job market here is quite tough. I've sent 100s of applications already and no replies yet. We cannot wait any longer. We don't wanna live on the streets. It's just really a tough situation right now.

Appreciate your reply. As I've mentioned before, any advice is welcome.

[aphrodite7 1]

Best of luck to you, 2 questions though if I may, what part of Korea you heading to and what kind of business did you venture in here or prior? Curious because I used to live in S. Korea near Osan for my one year remote and it was one of my most memorable experiences. What a wonderful country!

Thank you. Yes, its indeed a wonderful country for us (me and hubby). He worked in the ESL field back there, and it was a good source of income. We we're able to save pretty good amount of money before we decided to try our luck here. It's just that the economy here right now is not as stable as we thought it could be. We opened up a low-cost clinic here in the US. Hubby's a chiropractor. But for sure you guys are aware that this profession is not as welcomed as the normal MD's here.

So, that is why.. we are ready to go back there and save up again. It's nice to not worry about paying monthly rent and not having a car, pay for car insurance gas, etc. Because there, it's already included in the contract (apartment), and the transportation there is really nice and accessible.

[aphrodite7 1]

When you are ready to return to the U.S., you might want to check into a Direct Consular Filing (DCF). I understand a DCF can be processed fairly quickly.

Thank you. Actually, this was how we processed my current visa status now. We went directly to the US embassy in Korea. And yes, it took us about 6 mos/less.

[Leatherneck 693]

Thank you. Actually, this was how we processed my current visa status now. We went directly to the US embassy in Korea. And yes, it took us about 6 mos/less.

You might want to consider this, there is no hurry to surrender your GC via the I-407, take your time, hang on to the GC for a few months. Your husband still has family here and you did mention that someone is/was ill. You never know what emergency might pop up 6 months after you're settled in Korea, your husband can travel back to the U.S. without restrictions, you might want to keep that options open to you for as long as you can.

I know you want to and will give up the GC, but hanging on to it might just come in handy, so consider surrendering the GC later rather than immediately.

[sweetapple 1]

I dont think you have to abandon your PR status. You can apply for re-entry permit before you leave. It valids for 2 years. When its about to expire, come back to the states and stay for few month to apply for another re-entry permit. You dont know what happens in the future, so dont abandon your PR status. I have a relative who does the same way. She just stays in the states for 3 months, then heads back to home country for 2 years, then come back to re-apply for re-entry permit. You should think carefully before making any decision because it's not easy to have PR of the US.

[grrrrreat 109]

I dont think you have to abandon your PR status. You can apply for re-entry permit before you leave. It valids for 2 years. When its about to expire, come back to the states and stay for few month to apply for another re-entry permit. You dont know what happens in the future, so dont abandon your PR status. I have a relative who does the same way. She just stays in the states for 3 months, then heads back to home country for 2 years, then come back to re-apply for re-entry permit. You should think carefully before making any decision because it's not easy to have PR of the US.

Sorry, this is incorrect. Your relative is likely no longer eligible to keep the Green Card. If your relative moves to another country with the intent to live there permanently, or even fails to pay US taxes on income, she can't keep the LPR. Here are the rules:

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently

Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year

Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year

Fail to file income tax returns while living outside of the United States for any period

Declare yourself a “nonimmigrant” on your tax returns

Edited April 10, 2012 by grrrrreat

[aphrodite7 1]

You might want to consider this, there is no hurry to surrender your GC via the I-407, take your time, hang on to the GC for a few months. Your husband still has family here and you did mention that someone is/was ill. You never know what emergency might pop up 6 months after you're settled in Korea, your husband can travel back to the U.S. without restrictions, you might want to keep that options open to you for as long as you can.

I know you want to and will give up the GC, but hanging on to it might just come in handy, so consider surrendering the GC later rather than immediately.

Noted sir. Thanks.

[aphrodite7 1]

I dont think you have to abandon your PR status. You can apply for re-entry permit before you leave. It valid for 2 years. When its about to expire, come back to the states and stay for few month to apply for another re-entry permit. You dont know what happens in the future, so dont abandon your PR status. I have a relative who does the same way. She just stays in the states for 3 months, then heads back to home country for 2 years, then come back to re-apply for re-entry permit. You should think carefully before making any decision because it's not easy to have PR of the US.

Thank you sweetapple. I am aware that there are some people who do the same thing as your relative. My problem with that though is I couldn't afford to go back and forth to the US. I have read the restrictions about the re-entry permit, but if I intend to live overseas for more than 2 years, I don't think paying for the permit would come in handy. I would rather use the money for our savings, since relocating overseas needs funds as well.

I know that this is a tough decision to abandon my status, since there are so many people who are wanting to get into the US. But in my case, my priorities are more focused on me and my husband's future. I'd rather lose the visa, than losing my loving husband. It's the vow I made, through thick and thin..