I-751 Waiver Problems/Esta Re-Entry

[oscarpower 0]

I am unsure how to best phrase this post, especially as I am unsure what to actually *do* but I suppose there's no harm in asking first. I am a British person, currently a holder of a conditional green card awarded to me on the basis of marriage to an American citizen. We married in July of 2016. However, as of 12th of February of this year, we divorced (the wonders of her thinking I earned too little money). I flew back to the UK to live with family as of  the 7th of May this year. Lately however, I realised my card expires in April of next year. Whilst at first I was hoping to try and renew this card and remove the restrictions by filing a waiver on the spousal based forms, I realised this may be an impossibility due to no longer having a place to stay in the US (the place I lived with friends is no longer available), an income if I were to move back, (I may have a job available were I to return, but I closed my US bank account upon leaving) and insufficient evidence to support my waiver (I destroyed much of the evidence for instance, that would prove the legitimacy of my marriage, plus additionally we never made joint financially decisions, such as bank cards or bills) Whilst I would still love to renew my green card, without an effective series of miracles happening I’m not sure if it would happen.

This leads me to my questions. If I wanted to re-enter the US after my green card expires in April 2019, am I clear to do so on an ESTA tourist visa up to the period of 90 days? I have tried to find an answer to this question online and have met with answers from ‘not being allowed into the country’ to ‘it being perfectly fine.’ I was wondering if this also ties with my green card. Should I surrender my provisional card to the US Embassy in London or anyone to help expedite any future re-entry into the U.S?
Secondly, I now have a new partner, who is also American. We are eventually planning for him to move to the U.K to live with me. But hypothetically speaking, if we were to ever to decide to move back to the U.S, (provided we were married, perhaps over two years) would there be any possibility of myself getting a second, *different* green card? 

[oscarpower 0]

Currently I'm not even caring that much about losing the right of residency. I'm more worried that if I were ever to try and enter the United States in the future as a tourist, I would not be allowed in due to both my conditional green card expiring, and the fact that I left the country for an extended period prior to it expiring.

[mushroomspore 3,044]

It is unlikely you will be granted admission as a tourist any time soon. You have already been out of the country for nearly 6 months. Even if you were to come back now, CBP would raise their eyebrows. You basically have already abandoned your residency. They do not like seeing people trying to come back so soon after their status has expired, no matter what the reasons are/were. I would not count on being allowed in as a tourist for a good while. There is no set time limit you need to wait but I would advise to not attempt it for at least a year...maybe even two since you were in the US for that long as a GC holder.

 

If you decide to return to the US with your new partner, you guys need to completely restart the process from square one.

[oscarpower 0]

Ok, so should I surrender my green card? And hypothetically speaking, if I were to leave, say, in the next few days back to the US (regardless of location) would I be allowed back in at the port of entry, even though my green card is still in date?

[Ann&James 179]

Just now, oscarpower said:

Ok, so should I surrender my green card? And hypothetically speaking, if I were to leave, say, in the next few days back to the US (regardless of location) would I be allowed back in at the port of entry, even though my green card is still in date?

You stated that you left the us may 7th of this year. If this is correct you can enter without too much scutiny because six months has not passed yet.

[oscarpower 0]

So in which case, best-worst case scenario. I'm not amazingly hopeful about ever getting a I-751 waiver accepted. I'm sure I could bundle together enough evidence from Facebook posts, some existing bills etc, but I worry about the fact that I have worked whilst back in the UK counting against me, as also the fact that I 'burnt bridges' as it were when I left the US the first time, (quit job, cancelled bank card etc.)

I have a friend who would let me stay with him in N.J for a while. If I were to leave in the next few weeks, disregarding any chance of getting a I-751 waiver accepted (which I would give anything for, but I'm doubtful of the likelihood of), would that help my chances of being re-admitted under a tourist visa in the future without having to wait a year or so as mushroomspore suggests?

[mindthegap 2,590]

2 hours ago, oscarpower said:

 I realised this may be an impossibility due to no longer having a place to stay in the US (the place I lived with friends is no longer available), an income if I were to move back, (I may have a job available were I to return, but I closed my US bank account upon leaving) and insufficient evidence to support my waiver (I destroyed much of the evidence for instance, that would prove the legitimacy of my marriage, plus additionally we never made joint financially decisions, such as bank cards or bills)

You need a US address to file an I-751 - it won't be accepted without one. Income does not matter in any way, nor does a lack of a US bank account.

Lack of evidence is your biggest problem. Still doesn't mean you would be denied though, unless you have quite literally nothing showing a joint life together which I find unlikely.

I mean, you could come back, file an I-751, wait for it to be processed which may take around 18months right now, receive an RFE, interview, receive a denial for lack of evidence, then an NTA, and wait several years for an immigration court hearing. During that time you would remain a LPR and are entitled to proof of status and can work and travel. You have rights as a LPR, and are entitled to due process.

 

 

Also, note that once you have spent more than six months out of the US continuously, you have another potential issue.

 

 

 

1 hour ago, oscarpower said:

This leads me to my questions. If I wanted to re-enter the US after my green card expires in April 2019,am I clear to do so on an ESTA tourist visa up to the period of 90 days?

No.  Despite not filing, you would still be a lawful permanent resident until a judge terminates your status. 

You would need to file an I-407 to formally abandon your status. After that you may or may not be approved for an ESTA at a future date.

 

 

 

Edited September 22, 2018 by mindthegap

[Ann&James 179]

Just now, oscarpower said:

So in which case, best-worst case scenario. I'm not amazingly hopeful about ever getting a I-751 waiver accepted. I'm sure I could bundle together enough evidence from Facebook posts, some existing bills etc, but I worry about the fact that I have worked whilst back in the UK counting against me, as also the fact that I 'burnt bridges' as it were when I left the US the first time, (quit job, cancelled bank card etc.)

I have a friend who would let me stay with him in N.J for a while. If I were to leave in the next few weeks, disregarding any chance of getting a I-751 waiver accepted (which I would give anything for, but I'm doubtful of the likelihood of), would that help my chances of being re-admitted under a tourist visa in the future without having to wait a year or so as mushroomspore suggests?

You can surrender you green card and apply for a tourist visa. As mushroomspace said there is no time limit to apply at it's up to the CO at your embassy and the documents you submit at the interview. 

[oscarpower 0]

OK, so now I'm getting somewhere here. I honestly at this point, just want to abandon this whole convoluted mess of a renewal process, especially considering the lengthy timeframe involved. I want to abandon my permanent resident status at the current time, partly so I don't have to worry and panic myself to sleep over this, and partly so I can just visit freely under a tourist visa as soon as possible. If I were to file a I-407, how long would it be reccomended I wait before trying to re-enter the US? Is there anyone on here who has filed an I-407 and can share their experience?

[oscarpower 0]

I will admit I cry myself to sleep over this whole ridiculous process more times than I'd like to admit. I wanted and yearned for American residency and citizenship more than anything, for years, even before I met my ex-wife and then married here. But now I have it, the thing is a nightmare. Just endless stress and worry and money I don't have. I want to go back to some degree of normalcy, with the hope I can just go back to visiting the US once or twice a year for a few weeks at a time like I used to. For the moment anyway.

[oscarpower 0]

If I surrender my green card, should I give my social security card away too?

[xillini 71]

3 hours ago, oscarpower said:

I will admit I cry myself to sleep over this whole ridiculous process more times than I'd like to admit. I wanted and yearned for American residency and citizenship more than anything, for years, even before I met my ex-wife and then married here. But now I have it, the thing is a nightmare. Just endless stress and worry and money I don't have. I want to go back to some degree of normalcy, with the hope I can just go back to visiting the US once or twice a year for a few weeks at a time like I used to. For the moment anyway.

I feel somewhat similar way. It is not what I thought as it seemingly looked like and deemed to be promised. Maybe 60-70 years ago when America was one of the major power, but not the sole great power like today's world. But it is what it is, and yet, you are given an option to choose to live in US or not, and you deserve whatever choice you will make. If you don't want to live, you have a freedom to leave US (I don't mean to be mean but just want to share the fact) 

 

2 hours ago, oscarpower said:

If I surrender my green card, should I give my social security card away too?

Yes, you should, but technically it doesn't matter. In I 407, there is document that says other than your green card, where you can include social security card and its physical card. 

[mushroomspore 3,044]

15 hours ago, oscarpower said:

If I surrender my green card, should I give my social security card away too?

Unnecessary to surrender your SS.

[mushroomspore 3,044]

17 hours ago, Ann&James said:

You stated that you left the us may 7th of this year. If this is correct you can enter without too much scutiny because six months has not passed yet.

Kinda depends on the CBP agent OP would get. One might not care whereas another can get suspicious and interrogative if a GC holder has been away for 4-5 months. 

[JFH 12,190]

You need to decide what you want. A green card is for living here, the VWP or B-2 visa is for visiting. If you are wanting to maintain residence here then you need to remove the conditions on your green card and live here. If you only want to visit, you won’t be living here so don’t need a green card so you should surrender it. At the moment you seem to be all over the map as to where you want to live. You can’t keep your green card as a multi-entry tourist visa and live in the U.K. 

 

In the future, if you want to live here with your new spouse, you can go through the whole process again. It may or may not cause additional scrutiny.

Edited September 24, 2018 by JFH