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gumbi2400

Coming back to the US with old Green Card

By gumbi2400 in Working & Traveling During US Immigration

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gumbi2400 Explorer

gumbi2400   1

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
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Posted (edited)

Hello all. My wife and I lived in the states together for 3 years when we first got married on an IR-1. We move to the UK a little over a year ago, and will likely settle here permanently.

I've been thinking about it lately, and was wondering if there is anything we need to do with her green card. We may decide to move back to the states one day, and I realize this means we will have to re-apply for a visa in that case, and I don't want to do anything that might hurt our chances later on. I know we could have applied for a re-entry permit, but again, we were planning on being out of the country for more than 2 years.

Lastly, if/when we decide to go back to the states to visit family and friends, can she still enter under the Visa Waiver Program?

Not sure if this is the right place to post this, so let me know if I should move it. Thanks in advance

Edited by gumbi2400
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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
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Posted

http://london.usembassy.gov/dhs/uscis/abandon.html

A re entry permit still requires you to maintain the US as your permanent residency despite being temporarily absent.

Presumably you have been filing taxes.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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TBoneTX Grand Master

TBoneTX   45,304

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

*** Thread moved from CR-1 Process forum to the Working & Traveling forum -- topic is travel. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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gumbi2400 Explorer

gumbi2400   1

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted

http://london.usembassy.gov/dhs/uscis/abandon.html

A re entry permit still requires you to maintain the US as your permanent residency despite being temporarily absent.

Presumably you have been filing taxes.

Thanks for this. We have both been filing taxes (easy enough since I'm the only one with income). And do still have an address in the states for mail purposes, as we still have CCs in our name in the states.

We would have applied for a re-entry permit, but since we were likely moving to the UK permanently we didn't file. This was likely a mistake on our part, but as we've already left the country, there isn't much we can do now as far as I understand.

As for travel, should we expect any difficulties traveling back to visit?

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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
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Posted

On the VWP?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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gumbi2400 Explorer

gumbi2400   1

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
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Posted

My mistake, I should have specified. Yeah I'm wondering if it's going to be an issue entering on the VWP.

I realize at this point there's nothing we can do to retain the green card (which is particularly annoying as we were 2 weeks away from her qualifying for naturalization).

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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
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Posted

Just need ESTA and to relinquish GC.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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