CR1 abandonment

himher · April 10, 2012

We did it. My wife got a green card in 2008, we left in early 2009, surrendered the green card, got a new IR1 late last year, and returned Feb 2012.

My wife surrendered the card at the consulate overseas (5) days before it expired. Until that time we used it to travel in and out of the US a couple of times. We maintained our US residence until that time

(LOL)

There was no issue with getting a new one once we were ready to return to the US. About 5 1/2 months and we slowed down the process to allow us (LOL well allow me) to finish out the tax year overseas.

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.

aphrodite7 · April 11, 2012

We did it. My wife got a green card in 2008, we left in early 2009, surrendered the green card, got a new IR1 late last year, and returned Feb 2012.

My wife surrendered the card at the consulate overseas (5) days before it expired. Until that time we used it to travel in and out of the US a couple of times. We maintained our US residence until that time

(LOL)

There was no issue with getting a new one once we were ready to return to the US. About 5 1/2 months and we slowed down the process to allow us (LOL well allow me) to finish out the tax year overseas.

Oh, that's good to know himher. Thank you. My question for you though is that, what type of green card did she have before she surrendered it? Was it CR1 or IR1?

easyriders2011 · April 11, 2012

why not hold onto the GC until you reach the point of abandonment (being outside of the US for 1 year) just incase your fortunes improve, or you need to return to the US to visit the father if he dies, etc.

If you give up your GC and you can't show your ties to the foreign country you will have a very difficult time getting a new visa, but if you keep track of your time that you have been out of the country and when that limit line is approaching you can go to the nearest embassy and relinquish the GC at that time and still be in good graces with USICS.

Why commit yourself to a particular course of action if the govt. has not mandated that you do so, and you can still keep your options open. Just be sure to keep track of your abandonment date and then be sure to surrender your GC before that time comes.

Makes sense to me.

DouglasFiel · April 11, 2012

You state you can't afford to travel to the US... Keep in mind, Guam is considered US soil,,,

Regards,

aphrodite7 · April 11, 2012

why not hold onto the GC until you reach the point of abandonment (being outside of the US for 1 year) just incase your fortunes improve, or you need to return to the US to visit the father if he dies, etc.

If you give up your GC and you can't show your ties to the foreign country you will have a very difficult time getting a new visa, but if you keep track of your time that you have been out of the country and when that limit line is approaching you can go to the nearest embassy and relinquish the GC at that time and still be in good graces with USICS.

Why commit yourself to a particular course of action if the govt. has not mandated that you do so, and you can still keep your options open. Just be sure to keep track of your abandonment date and then be sure to surrender your GC before that time comes.

Makes sense to me.

Thank you for the suggestion.

We just had a talk about this few minutes ago after reading your reply, and so far, we MIGHT be trying this 2 options:

1. For whatever reason (if things didn't work out overseas, deceased family member here in the US, etc), since the expiry of my CR1 gc is gonna be Sept 2013, he's thinking we can visit the US embassy in Korea (around May or June 2013 - one year in total), and file for re-entry permit right there and then. Stay in Korea for another year with the re-entry permit.

OR

2. If option 1 will not work (embassy declined), then, we'll surrender the CR1 GC right there and then, then start over applying for IR1.

What do you guys think about these options?

aphrodite7 · April 11, 2012

You state you can't afford to travel to the US... Keep in mind, Guam is considered US soil,,,

Regards,

Thank you for your suggestion. I myself was considering that as an option. However, flights to/from (Korea - Guam) is quite expensive too. About $1600+ at least. But, yes, it can be an option. Who knows, we might be able to afford it once we get back on our feet again.

Appreciate it.

Leatherneck · April 11, 2012

why not hold onto the GC until you reach the point of abandonment (being outside of the US for 1 year) just incase your fortunes improve, or you need to return to the US to visit the father if he dies, etc.

If you give up your GC and you can't show your ties to the foreign country you will have a very difficult time getting a new visa, but if you keep track of your time that you have been out of the country and when that limit line is approaching you can go to the nearest embassy and relinquish the GC at that time and still be in good graces with USICS.

Why commit yourself to a particular course of action if the govt. has not mandated that you do so, and you can still keep your options open. Just be sure to keep track of your abandonment date and then be sure to surrender your GC before that time comes.

Makes sense to me.

I agree with you here - that was my exact advice to the OP.

aphrodite7 · April 11, 2012

For everyone who's watching my topic:

Thank you all for the suggestions and comments.

We just had a talk about this few minutes ago after reading your reply, and so far, we MIGHT be trying this 2 options:

1. For whatever reason (if things didn't work out overseas, deceased family member here in the US, etc), since the expiry of my CR1 gc is gonna be Sept 2013, he's thinking we can visit the US embassy in Korea (around May or June 2013 - one year in total), and file for re-entry permit right there and then. Stay in Korea for another year with the re-entry permit.

OR

2. If option 1 will not work (embassy declined), then, we'll surrender the CR1 GC right there and then, then start over applying for IR1.

What do you guys think about these options?

I've been watching this post as often as I can and trying to discuss with my husband. I just want you guys to know how much I appreciate your great responses since I've been really confused from all the hardships we're going through right now. Just so you know that, leaving for 3 or 4 years is still not a solid decision for us, since we don't know what's going to happen once we go back overseas. I understand its gonna be tough wherever we go, that is why seeking advices from you guys really help us decide which options are better.

Keep it coming, I would love to hear from you. Thank you very much!

himher · April 12, 2012

CR1

Hold on to it though. Whats the difference? You already filed and paid for it. You can turn it in at the consulate after taking some time to see if you really like being out of the US. There is a form to sign and you have to go in person.

Oh, that's good to know himher. Thank you. My question for you though is that, what type of green card did she have before she surrendered it? Was it CR1 or IR1?

Edited April 12, 2012 by himher

aphrodite7 · April 12, 2012

CR1

Hold on to it though. Whats the difference? You already filed and paid for it. You can turn it in at the consulate after taking some time to see if you really like being out of the US. There is a form to sign and you have to go in person.

Thank you.

aphrodite7 · April 14, 2012

Hi everyone,

I need some of your advice regarding my current situation, so here's my story:

I am currently in California, with a CR1 green card that will expire on Sept 2013. My husband and I got married in Manila on Nov 2009. That time, he's working as an ESL teacher in South Korea. After we got married, I filed a visa for SK so that I can live with him there. October 2010, we filed my visa for the US (CR1). Since my husband works there, he decided to ask his step dad's help (who lives in the US) to become his co-sponsor for me. It took 6 months for me to get my CR1 visa. During the process, an unexpected event happened. His step dad got ill, and for that, he decided to finish his contract and bought plane tickets for us (US bound) for 2 reasons:

1. Visit his sick dad and spend as much time with him before his condition gets worse.

2. (Connected to reason no.1) We'll be trying our luck living here in the US with enough savings to live in the US for about a year (which we miscalculated eventually).

So, we arrived the US last Sept 2011 with the hope that our money would last for a year or so. We tried opening up a small business however, fate has not been really good to us since we arrived. His dad's condition got worse, and due to family dramas, we've only seen his dad once. His step sister took guardianship of the step dad so no one else could visit him while he's in a home. Aside from that, our small business didn't really worked out and our savings just got eaten up with all the expenses. We are already living really frugally, but it still didn't suffice.

We've been so depressed with all these problems. We tried looking for jobs, but the job market seems really tough these days. So, we've come to a decision to just close up shop (we're already running really low on resources), and go back to Korea to start over and save up as much as we can. With that, I wouldn't be able to renew my visa (AOS) since I would be out of the country for more than a year. Depends on how much money we save up there.

My biggest dilemma is that my husband and I both know that living overseas is way better than here. My husband is already used to the lifestyle in Asia than here. And for that reason, we are wanting to go back. But, by doing so, I'm worried that if I abandon my visa, that USCIS might give us a hard time with my re-application in the future.

Can someone please give me any advice on what you think is the right thing to do if your in my situation? For now, we're thinking that once we went back to Korea, then before our 6th month there, we'll go the US embassy and apply for a re-entry permit. We're not sure if they would allow us to do that. But if not, then we'll just surrender my CR1 green card, then file right there and then for a new visa. In that case, we'll file for IR1.

Do you think those options could work? Or, not?

I dunno, I'm so confused.

I will appreciate any replies from you guys. Please no hate comments or anything. This is a very tough situation for me. Thank you for your time and understanding. And sorry for the long post.

aphrodite7 · April 14, 2012

Hi everyone,

It's me again. For those who responded to my previous post, this is quite similar to that, however, I gave more details about my background on this post.