UK DCF as an abandoned PR GC holder

[Morkai 0]

I entered the US on a K1 Fiance visa in Sept 2002. Lived there with my husband until December 2011.

My conditions were removed and I was a permanent resident although there was a slight issue of a expired GC. An immigration attorney in the US said I was still legal just needed to get my card renewed. I never applied for citizenship.

We decided to move to the UK permanently so I never got my card renewed and since it was supposed to be a permanent move chose to save the card renewal and citizenship fees (and subsequent tax issues) for his UK visa and our move.

We have been here for 8 months and my US husband (on a valid UK Immigration Visa) is horrendously homesick and wants to go move back. There is no way I can claim a returning resident visa since we sold our house and everything we owned to move here and my husband applied for a permanent UK residence so there is no way to say it was temporary.

DCF looks like the easiest way to get back home. I need to go to the embassy anyway to register our son's birth (Jan '12) and get his passport.

Can anyone offer any words of wisdom or advice?

[Penguin_ie 5,996]

So you had a 10 year greencard, but it expired? They may still let you back in, as you left less than a year ago.

[Morkai 0]

No, I have my original green card. I never renewed it when my conditions were removed, Katrina hit and the New Orleans office was in shambles and the website that was the only way to schedule the appointments kept crashing. After that, yeah I screwed up somewhat, I spoke to the immigration attorney in 2010, she said as long as I had the 'Congrats you are now a permanent citizen' form which I do then my residence was legally okay.

Letting me back in is only possible if I can prove the absence was temporary. I didn't file for permission to leave since I wasn't planning on coming back and there is no way to prove it was a temporary absence especially given quitting our jobs and selling our house. I also have commitments here that I need to see through which would extend us past the 12 months anyhow.

[Krikit 1,165]

What about contacting the US Embassy in London to see if they can offer any help?

I wonder if you'd get more exposure to those who may have the answers in the Effects of Major Changes forum? I think I'm going to move your thread over there to see what happens.

[Morkai 0]

I figured I'd get a straighter answer from you guys :)I will ask to speak to someone about it though when we go down and register the kid and get his passport.

Thanks for the move, hope you are right

Victoria

[Harpa Timsah 13,258]

No, I have my original green card. I never renewed it when my conditions were removed

This makes no sense. When you remove conditions, you are given a new Greencard. There is no way to do one without the other. When you are a conditional resident, and you fail to remove conditions, your PR status is cancelled automatically. A person with a 10-year card who never renews does not have their PR status cancelled - this is one difference between the two types of cards.

So I do think the only viable option is a new petition. With DCF it shouldn't take too long.

I would talk to the embassy and make sure you don't have a ban for overstay. So what steps did you do to remove conditions?

[Holly2234 66]

I cant help with your situation but we did our daughters CRBA two days ago and there is a review of it http://www.visajourney.com/reviews/index.php?cnty=United+Kingdom&cty=&dfilter=5 there.

If returning as a resident does not work, DCF in London is currently VERY quick.

[Morkai 0]

This makes no sense. When you remove conditions, you are given a new Greencard. There is no way to do one without the other. When you are a conditional resident, and you fail to remove conditions, your PR status is cancelled automatically. A person with a 10-year card who never renews does not have their PR status cancelled - this is one difference between the two types of cards.

So I do think the only viable option is a new petition. With DCF it shouldn't take too long.

I would talk to the embassy and make sure you don't have a ban for overstay. So what steps did you do to remove conditions?

I filed the I-751, Petition to remove conditions. The result of which was a letter, I-797C, from INS dated 2005 that states:

"Notice of Removal of conditional basis of Lawful Permanent Residence"

"Your request for the removal of the conditional basis of your permanent resident status has been approved. You are deemed to be a lawful permanent resident of the United states as of the date of your original admission or adjustment of status"

An accompanying letter stated I was to make an appointment to bring photos and my passport to obtain my new alien registration receipt card which would then be mailed to me within 6 months. The letter said the only way to make the appt was with their new web based appointment system. Which crashed every single time I attempted to make an appointment, whilst basically stating that there was no numbers to call, you could only use the web system. Katrina had hit a month prior and work was crazy and I basically forgot all about it for a couple years.

The attorney I spoke to said this letter is my proof of residency not the green card.

I cant help with your situation but we did our daughters CRBA two days ago and there is a review of it http://www.visajourney.com/reviews/index.php?cnty=United+Kingdom&cty=&dfilter=5 there.

If returning as a resident does not work, DCF in London is currently VERY quick.

Thank's Holly. Good information there, appreciate it

[Harpa Timsah 13,258]

I filed the I-751, Petition to remove conditions. The result of which was a letter, I-797C, from INS dated 2005 that states:

"Notice of Removal of conditional basis of Lawful Permanent Residence"

"Your request for the removal of the conditional basis of your permanent resident status has been approved. You are deemed to be a lawful permanent resident of the United states as of the date of your original admission or adjustment of status"

An accompanying letter stated I was to make an appointment to bring photos and my passport to obtain my new alien registration receipt card which would then be mailed to me within 6 months. The letter said the only way to make the appt was with their new web based appointment system. Which crashed every single time I attempted to make an appointment, whilst basically stating that there was no numbers to call, you could only use the web system. Katrina had hit a month prior and work was crazy and I basically forgot all about it for a couple years.

The attorney I spoke to said this letter is my proof of residency not the green card.

Thank's Holly. Good information there, appreciate it

Hmm, they don't do it like that anymore. My apologies; it seems in order.

I would contact the embassy and ask about travel papers for PRs with no GCs. They can issue a travel document for travel to the US, and once there you could file form I-90 for a new Greencard. It's much cheaper than a whole new petition. (This is usually for people who lost their GCs while traveling or something).

You haven't been out yet a year, so you have not yet lost your status as PR.

[Hypnos 6,578]

Even if her green card is not considered abandoned (and I'm still not sure about that), she would need to prove that she maintained a US domicile for the duration of the time she was outside of the US to CBP at the time of (re-)entry. This could involve: maintaining a lease on an apartment, making mortgage payments, filing US taxes, etc.

Whilst it's possible her green card has not been automatically revoked (yet), the fact that she left the US and changed her permanent residence to the UK may have the effect of cancelling it for her.

I suspect that filing for a new green card via DCF will be the best option involving the least hassle, although it can't hurt to contact the American Embassy in London to see if there are any other options available.

[Morkai 0]

Hmm, they don't do it like that anymore. My apologies; it seems in order.

No problem

Even if her green card is not considered abandoned (and I'm still not sure about that), she would need to prove that she maintained a US domicile for the duration of the time she was outside of the US to CBP at the time of (re-)entry. This could involve: maintaining a lease on an apartment, making mortgage payments, filing US taxes, etc.

Whilst it's possible her green card has not been automatically revoked (yet), the fact that she left the US and changed her permanent residence to the UK may have the effect of cancelling it for her.

I suspect that filing for a new green card via DCF will be the best option involving the least hassle, although it can't hurt to contact the American Embassy in London to see if there are any other options available.

This is indeed my understanding of how it is having read various parts of the Embassy website namely:

"Consideration for returning resident status will only be given to LPRs or CRs who left the U.S. with the intention of returning; have not abandoned this intention; and are returning to the U.S. from a temporary visit abroad. If the stay was protracted, the applicant will be required to show that this was caused by reasons beyond his or her control for which he or she was not responsible."

My primary concern was whether I would face any major difficulties on having abandoned one residency and then asking for another. I would hope that homesick husband wanting to go back to raise his child in the USA will go in our favour.

Regardless a DCF seems not much more expensive than renewing my greencard was, $300 vs $420 I think. Considering what my original K1 cost it's a trivial difference.

On that note how does the support part work with a DCF, will he need to prove he has a job offer there to support us first? It is possible I will be able to maintain some contract employment from the UK but I am not sure yet, depends how mad they are at me for leaving again...

Victoria

[himher 634]

(IF) you can show 3X the required amount in cash-equivalent assets you (your husband) can self-sponsor on assets only. Otherwise, they will require that he either has a job in the US with required income (or) that you have a joint sponsor.

On the issue of returning on a valid green card: We were out for 11 months in 2009 and got back in with minimal difficulty. With this in mind I would suggest that you and/or your husband make an appointment and bring your letter to the embassy and ask for a temporary travel document to return so that you can apply for a copy of your lost green card. You do not have to prove anything for absences under a year. At least we didnt.

The "returning resident" visa that you referenced applies to greencard holders who have (1) been out of the US for more than a year and (2) did not obtain a travel document prior to leaving. (If) you are still a valid green card holder (and) have not been out of the US for >1 year then you are not eligible for or required to apply for a returning resident visa.

We did eventually abandon residency for two years. When we were ready to return we applied for and received a new IR1 and were able to return to the US. We did not run into any difficulty doing so.

Best of luck

No problem

This is indeed my understanding of how it is having read various parts of the Embassy website namely:

"Consideration for returning resident status will only be given to LPRs or CRs who left the U.S. with the intention of returning; have not abandoned this intention; and are returning to the U.S. from a temporary visit abroad. If the stay was protracted, the applicant will be required to show that this was caused by reasons beyond his or her control for which he or she was not responsible."

My primary concern was whether I would face any major difficulties on having abandoned one residency and then asking for another. I would hope that homesick husband wanting to go back to raise his child in the USA will go in our favour.

Regardless a DCF seems not much more expensive than renewing my greencard was, $300 vs $420 I think. Considering what my original K1 cost it's a trivial difference.

On that note how does the support part work with a DCF, will he need to prove he has a job offer there to support us first? It is possible I will be able to maintain some contract employment from the UK but I am not sure yet, depends how mad they are at me for leaving again...

Victoria

Edited August 20, 2012 by himher

[Harpa Timsah 13,258]

If the embassy will give you travel documents for LPRs, then I think it will save a lot of silliness with other things. Returning to the US with fresh travel documents that attest to your LPR status will go a long way in getting you back in. You still have not been gone a year, and a LPR is allowed to leave for up to a year with no extra permissions. You do not need to keep a house in the US for that year; that's just wasteful.

DCF is still about $900; I think you are forgetting the petition and medical cost, etc.

I am not sure you even qualify for a SB-1 if you haven't been gone for a year.

[Hypnos 6,578]

While you can be granted admittance for foreign trips lasting between six and twelve months, it is not guaranteed, nor is one person's experience any indication that you will have a comparable situation.

No one can say what the CBP guy will be thinking that day. He might wave you through with minimal issue, he might send you to secondary or maybe they will outright deny you first time.

http://www.uscis.gov...000082ca60aRCRD

http://immigrationwo...months-at-risk/

http://www.legallang...holders-travel/

Edited August 20, 2012 by Hypnos

[himher 634]

<sigh> OK I was working in Saudi (3 years). Several of my colleagues were married to green card holders and have lived there for years while maintaining residences back in the US. My experience in returning to the US was the same as theirs. Sometimes their spouses would go 7, 8, 9 months between return trips and I am not aware of any who were given hard times, refused entry, or lost their status.

We did it for the first 18 months then turned the card in once we determined that we wanted to stay there awhile longer. So we had experience travelling back and forth on the green card and had experience in getting it back via DCF once we were ready to return home for good.

While it is true that one person's experience does not necessarily reflect another's, it is also true that there have been NO instances reported, on this board or otherwise, where a green card holder was refused entry for absences under a year either. If there are examples then they need to be posted here.

As stated earlier you (realistically) have the choice of DCF with the challenge of getting the I864 ready or the choice of obtaining a temporary return document from the embassy based on your current status. At 12 months absence your choice narrows to DCF at which time you will be given a brand new A number.

It is very, very rare for a returning resident visa to be granted as they set the burdon of proof of "circumstances outside your control" pretty high.

Edited August 24, 2012 by himher