What is somebody abandons his AOS and goes back to his home country, but we stay married

[WORMIEVADER 6]

I was looking for some feedback. My husband is having a hard time adjusting to life in the US and is thinking of returning home. I can't go with him, but we love each other and intend to remain married. His AOS is in progress (from K1 Visa, we got married 12/12/12) and he will probably receive his conditional green card sometime in November or later. If he goes back home, but we decide to give it a second try for him in the USA in a couple of years, what would be our options?

If he abandons his resident status here, would he be able to get tourist visas to visit me? (notoriously difficult to get for people in his country, Guinea).

I would hate for him to give up everything because he is frustrated, overwhelmed and homesick.

Anybody else in the same boat who can commisserate? If yes, please email me

[Merrytooth 5,748]

I would suggest your husband at least waits till he has the green card in hand before returning home.

Then he could surrender his green card to the US consulate and apply for the Tourist visa.

When he is ready to return to USA permanently, then apply spousal visa IR-1 again.

See these post, although different circumstances, but might be applicable to your case, regarding getting a tourist visa.

Your mileage may vary though.

http://www.visajourney.com/forums/topic/283178-minimum-time-green-card-holder-can-be-in-us/?p=4295260

I understand your problem entirely as it is a very common one faced by many people (including us) who never wanted to emigrate, but were also unable to get tourist visas to visit.

Let me offer you a perfectly easy solution: After he gets his green card he can simply go back to Russia and exchange his green card for a tourist visa. Once he's a permanent resident it won't be a problem getting a tourist visa because they'll believe he's not trying to emigrate. He will have to get a tourist visa appointment at the US embassy in Russia and when the interview begins, explain that he wants to abandon his LPR status, hand over the abandonment of residence form, and the officer will grant his tourist visa. This is the way it works in India and I'm sure the same thing will work in Russia. It's a perfectly legal way of accomplishing what you need. True, the time and money invested in getting the GC will be wasted but this is the best option given the circumstances you've described. It's better then using the GC as a tourist visa and having to constantly worry about revocation whenever you enter.

http://www.visajourney.com/forums/topic/321856-visitation-for-foreign-ex-wife/?p=4814978

Not often known, but a Green Card can be exchanged for a B2 visa.
Why, you may wonder?

I'll tell you.
If somebody applies for a B2, the C.O. automatically has to assume immigration intent. But when a resident, who has immigrated and resided in the U.S. lawfully returns her Green Card, she automatically ceases to have immigration intent. That's why exactly she surrenders her Green Card. She's thus entitled to get a multi-entry B2 visa.

[Pitaya 2,577]

~~Moved from Family-based AOS Process to Effects of Major Family Changes on Immigration Benefits Forum~~

~inquiry not AOS process-related~

[Caryh 5,206]

My wife is from the Philippines and also had a hard time adjusting and getting over missing home. The first year and half had many bouts of homesickness. Many times she asked if it was ok to go home and we'd just live separate, and I'd visit there when I could. The first year was the worst, then I noticed it finally started easing up. By a year and half, it was pretty much gone, but still pops up a little when she's stressed out. Next month will mark two years in the USA.

Its not easy when you think there's prejudice against you in your new country. Its not easy when you don't feel totally accepted in the workplace, because you're not from this country. Its not easy living with weather so different from home, foods so different from home, culture so different from home, etc...

Again and again I waited out the homesickness bouts and got her back on track. I again and again reassured her that she's doing good here, even when she continually doubts herself. It hasn't been easy at times, but I fight for us and I can be the strong one when she's feeling weak. I kept telling her we're doing this one step at a time and it will take time. There are many times I felt doubt that it would work. I think it was about a year ago I was talking to a very good friend with tears in my eyes afraid if I'd lose her. I tell you it was truly a relief when I realized the homesickness bouts were getting less intense and less frequent.

Now when we talk about going home its to visit. Now when she's feeling worried or stressed she leans on me, because she knows I'm always there for her. It wasn't easy, but I'm truly happy we've reached this point. I never guessed it would be so hard on someone adjusting.

I'd advise trying to talk with him about his fears and stresses. My own experience with my wife taught me that things she was afraid of or stressed out about would bring out homesickness bouts. I've spent a lot of time helping her get over those fears. Some just take time. Some she has to solve on her own. But a big thing is her realizing no matter what, I'll be there to help her through anything.

[bokar83 13]

I was looking for some feedback. My husband is having a hard time adjusting to life in the US and is thinking of returning home. I can't go with him, but we love each other and intend to remain married. His AOS is in progress (from K1 Visa, we got married 12/12/12) and he will probably receive his conditional green card sometime in November or later. If he goes back home, but we decide to give it a second try for him in the USA in a couple of years, what would be our options?

If he abandons his resident status here, would he be able to get tourist visas to visit me? (notoriously difficult to get for people in his country, Guinea).

I would hate for him to give up everything because he is frustrated, overwhelmed and homesick.

Anybody else in the same boat who can commisserate? If yes, please email me

Please private message me. I am from Guinea and can give you some good insight into how to proceed.

[Sandra G. 5,057]

In life everything is a question of priorities,I'd rather be with someone that I love than home.I don't believe he will be able to get a tourist visa after leaving U.S. Good luck.

[WORMIEVADER 6]

Thank you for all the responses, this has been very helpful!