Abandoning temporary green card and returning home

[EuropeanPat 0]

Hi all, I've seen a number of posts on a similar topic but nothing that answered my specific question.

Very soon after moving to the US, and activating my CR-1 application, it became clear that my marriage to my wife (US citizen) was not going to work out. We have resolved things in a relatively friendly manner and I have moved back to the UK. I have no intention of ever living permanently in the US, but do expect to travel there occasionally for work meetings and conferences.

Should I formally abandon my temporary green card? It was only granted in the last two months, and so wouldn't be out of date for another 22 months. Would this mean I could not enter the US during this time if I instead decided to just let it naturally expire? I also want to ensure that there are no repercussions for my wife, for example when filing for taxes.

We have been married for just coming up on two years and had been doing our best to keep things together while living in England. It was during the moving process we both realised that while we got married with the best of intentions that we should get divorced.

Thanks for any advice

[aaron2020 11,651]

Google "return green card" and follow the eHow directions. There are some forms you will need to turn in with your green card.

Keeping your green card also means keeping your status as a US taxpayer. You will probably want to return the card and terminate your LPR status.

[Hypnos 6,578]

The cleanest solution is to formally abandon your green card after you have returned to the UK.

File an I-407 with the US embassy in London, and that will accomplish it.

[Caryh 5,206]

While you received some good advice above, there's one other reason to abandon and return your green card. If you use it to re-enter the USA a year from now, you'll most likely find yourself turned away at the border. You must maintain residence in the USA or your green card status can get yanked upon an entry attempt. You've obviously changed your residence back to the UK. If you stay out the the country for a year, you need a re-entry permit. Even if you return to the country earlier, and get questioned about your country of residence, replying truthfully can get you denied entry.

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a “nonimmigrant” on your tax returns