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BlindSide

Abandoning process - Consequences?

By BlindSide in Removing Conditions on Residency General Discussion

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BlindSide Rookie

BlindSide   0

Posted
Filed: AOS (pnd) Timeline
Posted

Hello all,

I filed back in March for removal of conditions, and it pains me to say this: at that point it was almost standard procedure because I "had to".

My life in the US has not been great, I must say. I'm one of those who came here in love, and ready to take myself and my wife to something resembling the American Dream. Alas, my experience has been that of two employers going bankrupt, several part-time jobs, and long bouts of unemployment.

Shortly before filing for removal of conditions, my wife and I had a falling out. We worked things out for some time, but two months ago I asked her for a divorce.

This week I received a Request for Additional Evidence. Nothing I can't provide, but in truth... I'm not sure I wish to continue this process. Furthermore, if I do submit the additional evidence but for some reason I got asked to come in for an interview with my (almost ex) wife, she would certainly avoid showing up. And that's not even taking into account the possible court proceedings.

Hypothetical:

If I were to forfeit my permanent residency and return to my home country, what repercussions would I face?

Would I be able to come back in as a tourist (ESTA) and "settle" whatever loose threads I may leave (plenty of things in storage I will have to ship/sell at some point, for instance)?

Thanks in advance, and sorry for the bleak note.

---------

09/01/2001: enter US under F1 visa

06/01/2008: moved in with roommate.

01/03/2009: began romance with roommate. Things are awkward for a bit.

05/15/2009: OPT expires.

06/11/2010: married! In Vegas!

10/13/2010: package sent to Chicago lockbox

10/22/2010: package received.

11/19/2010: Biometrics app. Done. Extremely friendly staff.

01/06/2011: I-485, I-130 initial review. I-765 in production.

01/15/2011: EAD received

02/05/2011: Interview notice received

Penguin_ie Grand Master

Penguin_ie   5,995

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

Normally, once you have had a visa you will not be able to use ESTA, at least for a few years. You'd need to apply for a B2 tourist visa, but that should be reasonably easy to get as you effectively had a greencard and decided not to stay,

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

mosstoss Apprentice

mosstoss   7

Posted
Filed: Timeline
Posted

I'm not sure about ESTA, but you should be able to get a tourist visa pretty easily. If you do not intend to stay in the US, then forfeiting the permanent residency is the approved way of going forward. So you wouldn't face any immigration repercussions.

OZ62 Enthusiast

OZ62   17

Posted
Filed: Lift. Cond. (pnd) Country: Colombia
 Timeline
Posted

I highly recommend that you do not abandon the process.... Who knows what your future may bring? If you entered into bonafide marriage and have the proof, just because things did not work out, doesn't mean you throw in the towel!

K1 VISA PROCESS
2011-10-24: I-129F Sent from Doral, FL to lock box, Dallas, TX
2011-10-31: Received USCIS NOA1 Letter
2012-04-02 (8:30AM): I-129F Approved. NO RFE!
2012-04-06: Received USCIS NOA2 Letter
2012-06-06: Interview / Approved!!!
2012-06-15: (2:20PM) POE Miami International Airport
2012-06-26: Married

AOS PROCESS
2012-08-31: Sent I-485 and I-765 applications from Doral, FL to lock box, Chicago, IL
2012-09-06: Case accepted and routed to USCIS National Benefits Center for processing
2012-09-13: Received both I-485 and I-765 NOA's (9/6/12) and the Biometrics appointment letter
2012-10-03: Biometrics taken
2012-11-05: I-765 - Approved - Employment Authorization Card production ordered
2012-11-09: I-765 - Employment Authorization Card mailed
2012-11-13: I-765 - Employment Authorization Card received

2013-07-05 (11:45AM): AOS Approved. NO RFE. NO Interview.

2013-07-11: Green Card mailed.

2013-07-12: Received I-797, NOA, Welcome to the USA

2013-07-15: Green Card received.

2016-04-06: Earliest Accepted ROC Filing Date

AOS Approved 7/5/2013:
308 days (10 months & 8 days) since AOS package was sent
302 days (10 months & 2 days) since NOA1
275 days (9 months & 5 days) since Biometrics taken

1PVym5.png

BlindSide Rookie

BlindSide   0

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

I'm not sure about ESTA, but you should be able to get a tourist visa pretty easily. If you do not intend to stay in the US, then forfeiting the permanent residency is the approved way of going forward. So you wouldn't face any immigration repercussions.

In the off chance that I were to forfeit my permanent residency while still in the process of removing conditions, would I have to notify them in some way, or just not turn in the additional evidence by the date requested?

---------

09/01/2001: enter US under F1 visa

06/01/2008: moved in with roommate.

01/03/2009: began romance with roommate. Things are awkward for a bit.

05/15/2009: OPT expires.

06/11/2010: married! In Vegas!

10/13/2010: package sent to Chicago lockbox

10/22/2010: package received.

11/19/2010: Biometrics app. Done. Extremely friendly staff.

01/06/2011: I-485, I-130 initial review. I-765 in production.

01/15/2011: EAD received

02/05/2011: Interview notice received

bigdog Veteran

bigdog   376

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Try and get her to go, and assist you as you are so close. You can file if divorced, see: USCIS - Remove Conditions on Permanent Residence Based on Marriage

www.uscis.gov/.../menuitem.5af9bb95919f35e66f614176543f6d1a?vgnextoid=745218a1f8b73210VgnVCM100000082... If You Are In Divorce Proceedings But Are Not Yet Divorced. If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and

http://search.uscis.gov/search?affiliate=82601b2ec&query=divorce

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

 
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