Advice for “abandonment” of I751

[Dee elle 1,368]

2 hours ago, mmonster said:

Indeed, I don’t think SB1 works considering it was a personal choice to leave. 

 

At this point I think my best option is to reapply when we are ready to return to live/work in the US, if that day comes. 

 

Son is already a USC, applied for his birth at embassy here, not sure if that will aid my case in the future. 

Sounds like the best plan.. yes. I hear all your ifs!!! It mirrors  our dilemma !! The USC son won’t make any difference  if you are using the IR 1 route 

[NikLR 13,227]

Just let them know you are choosing to abandon your residency at this point.  When it's about 2 years from the point you would like to move back to the USA, your spouse can again file the I-130 and you can start the consular process again.  Yes you will lose out on the money you've spent thus far, but if you have no intention of living in the USA for the next 5 years, there's not much else you can do. 

[mmonster 0]

5 minutes ago, Dee elle said:

I am an Australian citizen, US LPR.. Australia had very strong ties with Sg as you would be aware and my personal experience, contact and understanding informs me on this. I have also  lived  in the US for 12 years.. my children were born here but like you we chose to return to AUST .. we relinquished our GC when we did that.. both children chose to move back here as adults so now  we have 6 grandkids here.. so we are here again. I know tho workings and see the outcomes of all 3 educational systems . I have some close Sg friends in Aust. 

 I see! 

 

I have a follow up question if anyone knows the answer.. what happens if you’re already a perm GC holder, but fail to live in the US, or only travel back to US for 2 weeks/1 month per year? Does US track your stay and determine to confiscate the GC? Like is there a minimum stay required in the US per year to maintain the GC? 

 

Ideally we would like to live between SG and US in the long run, so trying to gather all the info we can. 

[mmonster 0]

3 minutes ago, NikLR said:

Just let them know you are choosing to abandon your residency at this point.  When it's about 2 years from the point you would like to move back to the USA, your spouse can again file the I-130 and you can start the consular process again.  Yes you will lose out on the money you've spent thus far, but if you have no intention of living in the USA for the next 5 years, there's not much else you can do. 

The thing is I would have to pay the travel foil of USD595 and travel back before Dec 5th to not abandon the I751, or travel back during closer to Christmas and just apply for the ESTA. And based on my current plans, it’s more sound holistically and financially to go with th ESTA. 

 

Indeed I will inform them that I have no immediate plans to stay in the US for now and see what USCIS says. Do you know if there’s a way from them to withdraw my current application upon my request and keep my place in line when I want to pick it up again, or those just fat hopes? 

[mmonster 0]

10 minutes ago, Dee elle said:

Sounds like the best plan.. yes. I hear all your ifs!!! It mirrors  our dilemma !! The USC son won’t make any difference  if you are using the IR 1 route 

What is IR1? 

[Dee elle 1,368]

Just now, mmonster said:

What is IR1? 

Spouse visa...   direct route to LPR for the spouse of a USC... I assume you came on the K1 route where you had to adjust status after marrying. A Spouse who has been married over 2 years at the time of entry into the US  with the spouse visa is an LPR immediately..  no AOS or Removal of Conditions needed immediatelymgranted unconditionalmstatus, with 10 yr green card, Current processing 12 to 14 months from first application to visa in hand. 

[TM92 527]

23 minutes ago, mmonster said:

what happens if you’re already a perm GC holder, but fail to live in the US, or only travel back to US for 2 weeks/1 month per year? Does US track your stay and determine to confiscate the GC? Like is there a minimum stay required in the US per year to maintain the GC?

24 weeks = roughly 46% of the year inside the US (IMO not enough time)

When LPRs seek entry to the US, CBP considers the totality of the circumstances. Any competent CBP officer will either ask you to formally renounce the green card on the spot and then do expedited removal from the US. Or if you refuse to renounce your green card you will be referred to deportation proceedings (you may or may not be detained during this time). With the proceedings you will eventually plea your case in front of an immigration judge. The most likely scenerio is that the judge will decide based on the circumstances that you have abandoned permanent residency in the US. Thus you will have a deportation on your immigration record.

Edited August 11, 2018 by TM92

[TM92 527]

27 minutes ago, TM92 said:

24 weeks = roughly 46% of the year inside the US (IMO not enough time)

IDK if you can still use ESTA? Otherwise, after formally renouncing the green card you can apply for a tourist visa (just in case you want to have sporadic family vacations in the US).

The green card can either be renounced in person or by mail with the Bangkok, Thailand USCIS Field Office: https://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-uscis-bangkok-field-office

Edited August 11, 2018 by TM92

[Dee elle 1,368]

1 hour ago, mmonster said:

 I see! 

 

I have a follow up question if anyone knows the answer.. what happens if you’re already a perm GC holder, but fail to live in the US, or only travel back to US for 2 weeks/1 month per year? Does US track your stay and determine to confiscate the GC? Like is there a minimum stay required in the US per year to maintain the GC? 

 

Ideally we would like to live between SG and US in the long run, so trying to gather all the info we can. 

The only way you will be able to do that easily is to live in the US for 3 plus years ans an LPR and go through naturalization., then you can live wherever you want to, when you want to, without any reentry issues.. 

[NikLR 13,227]

2 hours ago, mmonster said:

The thing is I would have to pay the travel foil of USD595 and travel back before Dec 5th to not abandon the I751, or travel back during closer to Christmas and just apply for the ESTA. And based on my current plans, it’s more sound holistically and financially to go with th ESTA. 

 

Indeed I will inform them that I have no immediate plans to stay in the US for now and see what USCIS says. Do you know if there’s a way from them to withdraw my current application upon my request and keep my place in line when I want to pick it up again, or those just fat hopes? 

No chance at all.  You dont even have to travel to the USA.  Just fill out an I-407 and drop it off at your nearest consulate or embassy.   Refile for an IR1 when you are ready to move back with the I-130 sent to the Chicago lockbox. 

 

Just abandon the green card for now, honestly. Move back when you're ready and next time stay at least 3 years to get citizenship.  Not gaining citizenship first was a mistake on your part. But family was a priority for you at the time. 

[TM92 527]

2 hours ago, NikLR said:

Just fill out an I-407 and drop it off at your nearest consulate or embassy.

Incorrect, https://www.uscis.gov/i-407:

Quote

Where to File

 

In a location with a USCIS international field office: Submit Form I-407 in person or by mail to that office. Find locations at uscis.gov/international.

 

In other locations: Mail Form I-407 to the nearest USCIS international field office.

 

In very rare circumstances, a U.S. Embassy or U.S. Consulate without a USCIS international field office may allow you to submit a Form I-407 in person if you need immediate proof that you have abandoned your lawful permanent resident status. The most common example is a LPR who needs to have his/her abandonment application expedited in order to apply for an A or G visa. You may also submit Form I-407 to a U.S. Customs and Border Protection officer at a U.S. port of entry.

For OP it is the Bangkok, Thailand USCIS Field Office.

[NikLR 13,227]

50 minutes ago, TM92 said:

Incorrect, https://www.uscis.gov/i-407:

For OP it is the Bangkok, Thailand USCIS Field Office.

They can mail it sorry.  😏

 

People have reported handing it over at the nearest consulate but I agree following the instructions is better. 

 

Edited August 11, 2018 by NikLR