Moving back home.

[LandT222 0]

Hi, I wanted to ask some information about what happens in this kind of situation. Basically my husband wants to move back to his country. He has been really unhappy and feels sick most of the time here and since we're disabled, we haven't been able to do much together to improve our situation. 

 

In his country there are a lot of support services and groups for disabled adults, whereas here where I live, I barely get any help. So he has decided to move back to his country. We've been still waiting to hear back from USCIS for when he can have his interview, but he is not interested in getting a green card anymore. We have been waiting for 18 months now. I think it is a shame as we had to go through a lot of trouble to get to where we are, but I respect his decision to move back. I am also having to prepare for trying to move to his country, which is a big deal for me. 

 

We have been doing a lot of preparation but now I am wondering what should I do about the adjustment of status that is still pending? Should I call them and let them know? Is there some kind of procedure or does he just buy a ticket and travel back home? I just don't want him to get in any trouble or myself, as I know everything seems to always cause problems now with these types of things. 

Edited March 8, 2018 by LandT222

[TNJ17 1,329]

There is no procedure for him to leave the country. He can just leave and your case with USCIS will be abandoned. Unfortunately there is no way for him to get his greencard and move back home. Moving back to his country will not have any effect on your lives as far as a penalty or something of the sort. However, if he ever decides he wants to move back to the US, you’re gonna have to go through the process of getting him a visa and adjust status all over again, and sometimes they give people a hard time (or so people have said in this forum). Your moving to his country is a whole different issue though. You’re gonna have to look into it with the authorities from his country. Good luck. 

[LandT222 0]

40 minutes ago, TNJ17 said:

There is no procedure for him to leave the country. He can just leave and your case with USCIS will be abandoned. Unfortunately there is no way for him to get his greencard and move back home. Moving back to his country will not have any effect on your lives as far as a penalty or something of the sort. However, if he ever decides he wants to move back to the US, you’re gonna have to go through the process of getting him a visa and adjust status all over again, and sometimes they give people a hard time (or so people have said in this forum). Your moving to his country is a whole different issue though. You’re gonna have to look into it with the authorities from his country. Good luck. 

Thank you @TNJ17 for the information. I do feel badly him abandoning his case here but he's made his mind up about moving back. He's sure he won't want to move back to USA but I am going to remind him that it is hard to try to move back.

 

What about if he wants to come with me to visit my family in the USA, in the future, after he has moved to Scotland? Will it be any problems for him to visit USA after he abandons his case to move back? 

[geowrian 22,338]

There's no formal procedure, but sending a letter to request that they cancel it is courteous IMO.

 

53 minutes ago, LandT222 said:

What about if he wants to come with me to visit my family in the USA, in the future, after he has moved to Scotland? Will it be any problems for him to visit USA after he abandons his case to move back? 

There's a lot of potential circumstances here. Assuming your VJ timeline is accurate, it sounds like he never had any overstay. As such, he should still be eligible for an ESTA (assuming he was eligible before the K-1). If not, he can apply for a tourist visa.

That said, a recent AOS application generally makes obtaining/using either of them more difficult...it may take some time before they don't believe he is at risk of entering and filing for AOS again.

[TNJ17 1,329]

Don’t they cancel esta after an immigrant visa is issued?

[geowrian 22,338]

2 hours ago, TNJ17 said:

Don’t they cancel esta after an immigrant visa is issued?

I'm not aware of ESTA being impacted...secondly, K-1 is non-immigrant.

[TNJ17 1,329]

6 minutes ago, geowrian said:

I'm not aware of ESTA being impacted...secondly, K-1 is non-immigrant.

Technically a non-immigrant visa with immigrant intent. That’s all I meant to say. 

[Wuozopo 4,293]

On 3/7/2018 at 8:05 PM, LandT222 said:

. I am also having to prepare for trying to move to his country, which is a big deal for me. 

The biggie for you to get permission from the U.K. to live there is he has to hold a job for 6 months there that pays at least £18,600 before he can qualify to apply for you.