I-751 Waiver Problems/Esta Re-Entry

[jlc201 47]

It sounds like you have already made the decision to remain in the UK for now and, if so, the best approach is to surrender the green card. In order to maintain US residence, you really need to be living in the US. Not only are you not supposed to travel outside the country for more than 6 months at a time, but you are also supposed to be living in the US >6 months for any 365-day period. That being the case, if you are going to continue living in the UK then best to get your papers in order by officially surrendering your green card. Sorry I cannot offer any advice on how long to wait or what to expect in terms of applying for a tourist visa or ESTA after that, but it seems reasonable to assume that someone who has voluntarily surrendered their green card and later wants to visit as a tourist would be considered an honest and responsible person, and so is a low risk for overstay. Someone who has their green card revoked or is deported... quite a different story.

[oscarpower 0]

I've made up my mind, I don't have the money, or the support, or the fine state of my mental health to really want to go through with green card renewal waiver. Not to be pissy, but please don't think I'm stupid to the point of wanting to live in the UK but at the same time maintain my residency. I've just been through a lot these past few months, and I've gone through the same horrible convoluted mess you all have, and given my marriage is over, it's hard to see that my dream is now over for now. So I'm not begging for sympathy, but, it's just a difficult situation. It may be cut and dry for you all, but this whole thing has been a nightmare.

Apologies anyway, I am all over the shop rn, but it's for a good reason.

So I'm going to give up my green card voluntarily. And if anyone can give a reasonably straight answer to the question 'How long do you think would be safe to wait until reentering on a tourist visa?' it would be much appreciated. Personally, I think waiting 1-2 years is perhaps being a bit too over cautious to be quite honest. I know port of entry officials can be especially rude and officious sometimes, but not that much, surely?

[Villanelle 4,122]

Technically you still have a valid GC- so you cant use ESTA. You need to surrender the GC, wait for it to be reflected in the system and then apply for ESTA. I dont really see any issues with you using ESTA after its reflected in the system. Bring a copy of your divorce and whatever ties to home you have to show that you intentionally surrendered your GC, live in the UK, and are traveling as a tourist. Many people leave the US for too long, or dont have proof for ROC and try to get around it by entering as a tourist intending to stay. Its also not good to apply for ROC and get denied if you are planning on possibly remarrying a USC and applying for GC again. Getting denied for ROC means you failed to prove you entered in good faith, it will cast a shadow on future petitions. Giving up your GC because the marriage ended and you moved back to the UK and surrendered the GC without doing ROC wont be held against you.

 

Anyway, entry is case specific. Being from the UK along with various proof of ties should make it pretty easy to get entry. When were you planning on traveling to the US? Where are you going to go and for how long and why?  

[oscarpower 0]

Probably sometime early next year. February or March or so I guess? I have friends on the East Coast I wanted to visit.

Thanks for that advice though, that's cleared some things up for me.

[Villanelle 4,122]

Well then surrender the GC asap- you can do it at the Embassy, keep copies of the form/paperwork and one of the GC just in case. Start collecting proof of ties and plan the trip with the assumption that you will be let in but prepared in case they turn you away. I think there is pre-clearance in Ireland, maybe you can fly through there so you dont have to fly across the ocean only to have to fly back again. 

If you do end up getting remarried you start from the beginning again. You can do a K before you marry or a CR if youve been married less then 2yrs or the IR if youve been married for more then 2 yrs. Your SSN is yours for life. You dont ever get a new one, so hold on to the SS card.