Abandoning the GC and possible consequences?

[bubpce 6]

Hello fellow VJ members.

I have a complicated situation and i need to get some answers, and since we are not in the best financial status, i can not afford to ask a lawyer, so im reaching for help here. Our American life doesnt really work for us, to be honest. Being away from my family is very hard, specially now when we have a child. I am here for almost 2 years, i have conditional GC and im supposed to apply for the 10 year one somewhere at the end of September. To wait for citizenship will be even harder and longer. My husband supports me in the idea to go back, and he is willing to have me and the child go back home and wait for him there until he sorts things out here.

What i wonder is ... how to do this? What i need to do ? Do i need to file some form, call USCIS, embassy?? Is it going to have some repercussions toward me, both legally and financially? Will i be able to ever again re-apply for GC in case my husband changes his mind in meantime?

I might sound confusing but please understand ... i still dont completely understand the system here. We also have a child that i plan to take him with me, and the child is a US citizen, so i dont know what i am facing there. I will apply for his other citizenship once we are back home.

Please if you can help me, im open for any advice.

Do i wait for 10 year GC just in case ?

i really dont understand what i can do with the GC ....travel? stay abroad for longer time?

i used to know people back home who would say that they would get a 10 year GC and come back immdiately, and continue living in our country, but i dont know if they were lying or what.

Im just so torn apart .... and having so many questions without answers is adding on the weight i carry on my shoulder.

Thank you in advance for helping out.

In case someone wants to ask an additional question i will try to be quick in answering as fast i can ...

[JohnR! 5,495]

Hello fellow VJ members.

I have a complicated situation and i need to get some answers, and since we are not in the best financial status, i can not afford to ask a lawyer, so im reaching for help here. Our American life doesnt really work for us, to be honest. Being away from my family is very hard, specially now when we have a child. I am here for almost 2 years, i have conditional GC and im supposed to apply for the 10 year one somewhere at the end of September. To wait for citizenship will be even harder and longer. My husband supports me in the idea to go back, and he is willing to have me and the child go back home and wait for him there until he sorts things out here.

What i wonder is ... how to do this? What i need to do ? Do i need to file some form, call USCIS, embassy?? Is it going to have some repercussions toward me, both legally and financially? Will i be able to ever again re-apply for GC in case my husband changes his mind in meantime?

I might sound confusing but please understand ... i still dont completely understand the system here. We also have a child that i plan to take him with me, and the child is a US citizen, so i dont know what i am facing there. I will apply for his other citizenship once we are back home.

Please if you can help me, im open for any advice.

Do i wait for 10 year GC just in case ?

i really dont understand what i can do with the GC ....travel? stay abroad for longer time?

i used to know people back home who would say that they would get a 10 year GC and come back immdiately, and continue living in our country, but i dont know if they were lying or what.

Im just so torn apart .... and having so many questions without answers is adding on the weight i carry on my shoulder.

Thank you in advance for helping out.

In case someone wants to ask an additional question i will try to be quick in answering as fast i can ...

There is nothing you need to worry about in terms of immigration. If you do not apply for ROC for the permanent greencard it will not be processed - there is no obligation to file for ROC unless you plan to remain in the US - and there is no penalty for it.

Considering you are not planning to stay in the US for the foreseeable future it would be a waste of time and money to get your permanent green card only to lose it by failing to maintain your residence. If you are not residing in the US your greencard will be revoked.

If you ever decide to return to the US, as long as you are married to a US citizen all you will need do is restart the IR process. Your child is an American so there is nothing that you need to do in particular, other than to notify the US Consulate in your home country of his presence and residence there for passport renewals and other services he may need down the road.

In summary, if you were to return home and abandon your residence you would not be prohibited from starting the CR process again in the future.

Good luck!

Edited April 16, 2013 by Gegel

[aws&ndd 103]

If you are intent on going back to your country to live, then waiting on the 10 year GC is pointless. You will lose it once you are no longer living in the US. The purpose of the green card is to live here in the US permanently, once that is no longer the case, then your green card is no longer valid. Unless you decide to wait to be naturalized as a citizen, for you to come back here your husband will have to petition for you again.

If you decide to apply for naturalization, you can do it after being married AND a green card holder for 3 years. If this is an option for you, you can think about it.

[bubpce 6]

Do i need to notify the USCIS about abandoning the process? Do they have a form for those things i might need to file? Or i just pack and leave -- in a way.

Its a big decision to be honest, and im just trying to cover all the angles (or as much as i can). I dont want to get stuck in some legal disputes since my child in a US citizen and i will be an immigrant who is leaving.

I am so grateful that you are helping me out ... you dont know how much it means to me,

Thank you !!!!

[JohnR! 5,495]

Do i need to notify the USCIS about abandoning the process? Do they have a form for those things i might need to file? Or i just pack and leave -- in a way.

Its a big decision to be honest, and im just trying to cover all the angles (or as much as i can). I dont want to get stuck in some legal disputes since my child in a US citizen and i will be an immigrant who is leaving.

I am so grateful that you are helping me out ... you dont know how much it means to me,

Thank you !!!!

You do not need to notify the USCIS. At some point your current green card will expire and that is all.

[NikLR 13,227]

You can send your green card or take it in person to the embassy in your home country after you move and formally abandon it vs having it revoked. You'll may be required to fill out an I-407. I would contact them after you arrive. http://macedonia.usembassy.gov/contact.html

[Roosha 51]

You say waiting for citizenship will be even harder and longer...but it's not. You do realize that you can apply for naturalization in a year? Once you've had your green card for three years you can apply, and you've already had it for two years. After naturalization you'll be a citizen and you won't have to worry about any of this and can live wherever you want.

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to General Immigration-Related Discussion.