Abandoing Green Card and Returning in the Future

[garebear397 69]

I have seen several posts on this topic, but I wanted to comprehensively get clarity and add a more updated post on the topic. 

 

My wife received her green card in December of 2017. We are planning to move back to her country (Chile) in December of 2019. We are planning to move indefinitely but I wanted to make sure to know our options if we ever decided to move back to the US. It definitely seems like there is no issue to reapply for a green card for her as a spouse of a US citizen in the future. My questions are: 

 

- Should we officially abandon our green card with a Form I-407 right away?

- When do we file the Form I-407, before we move to Chile or fairly soon after we get to Chile with the US Consulate? 

- Should we file a reentry permit before leaving just in case we come back with in a couple years? And then if we don't return, file the Form I-407 at that time? 

 

Let me know if anyone has advice or has had experience with this process. Thanks! 

 

[USS_Voyager 1,972]

7 minutes ago, garebear397 said:

I have seen several posts on this topic, but I wanted to comprehensively get clarity and add a more updated post on the topic. 

 

My wife received her green card in December of 2017. We are planning to move back to her country (Chile) in December of 2019. We are planning to move indefinitely but I wanted to make sure to know our options if we ever decided to move back to the US. It definitely seems like there is no issue to reapply for a green card for her as a spouse of a US citizen in the future. My questions are: 

 

- Should we officially abandon our green card with a Form I-407 right away?

- When do we file the Form I-407, before we move to Chile or fairly soon after we get to Chile with the US Consulate? 

- Should we file a reentry permit before leaving just in case we come back with in a couple years? And then if we don't return, file the Form I-407 at that time? 

 

Let me know if anyone has advice or has had experience with this process. Thanks! 

 

1) That's up to you and your wife.

2) I believe you file with the USCIS office that has jurisdiction over your location (Chile) and that is the Lima Field Office: https://www.uscis.gov/about-us/find-uscis-office/international-offices/peru-uscis-lima-field-office

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

3) Again, that is up to you and your wife. I personally would file at the time that I am absolutely sure 100% that I want to abandon that GC.

 

[EM_Vandaveer 2,408]

Is there absolutely no way you guys can wait another year so she can apply for naturalization? Once she becomes a USC she could come and go as she pleases.

Abandoning the GC means you'd have to start from scratch if you ever want to live in the US.

Edited January 24, 2019 by EM_Vandaveer

[EmilyW 1,434]

^ What @EM_Vandaveersaid.  Wait a year, get the citizenship, live your best life wherever you choose.

[garebear397 69]

11 minutes ago, EM_Vandaveer said:

Is there absolutely no way you guys can wait another year so she can apply for naturalization? Once she becomes a USC she could come and go as she pleases.

Abandoning the GC means you'd have to start from scratch if you ever want to live in the US.

 

2 minutes ago, EmilyW said:

^ What @EM_Vandaveersaid.  Wait a year, get the citizenship, live your best life wherever you choose.

I appreciate the comments. But don't worry we have definitely thought about that, there are just other priorities right now so that isn't an option. Also it would be more than a year, since it takes time to get approved. So up to 2 years after we are planning now. 

 

[EM_Vandaveer 2,408]

It does take time to get approved but you may get lucky, it may be 6-7 months instead of 12. And you can file it 90 days early, too. So, ideally, she could be a citizen by April 2021.

BTW you supposed to file I-751 in December 2019. By simply moving abroad & not filing that, she'll definitely lose her LPR status, so if that's what you want, that's a way to do it.

Edited January 24, 2019 by EM_Vandaveer

[Lil bear 4,188]

We held employment based GC from 1982 to 1990 then relinquished them using I407 after choosing to return to Australia. No problems at all applying in 2015 under IR5. GC holders for 2nd time since Sept 2016 

[Boiler 45,467]

I would file when you get to Chile.

[EM_Vandaveer 2,408]

Just now, Boiler said:

I would file when you get to Chile.

Is it necessary to? If her 2-year GC expires, they move to Chile & not file I-751, her LPR status will automatically terminated, won't it?

[Boiler 45,467]

There is a distinct lack of clarity, I 407 avoids that.

[Lil bear 4,188]

3 minutes ago, Boiler said:

There is a distinct lack of clarity, I 407 avoids that.

Agreed. Also I can’t see that the OP has definitely got Conditional GC from AOS. Could have been married > 2 yes 

[garebear397 69]

4 minutes ago, Lil bear said:

Agreed. Also I can’t see that the OP has definitely got Conditional GC from AOS. Could have been married > 2 yes 

Yes she has her conditional green card. That was actually another thing I was wondering. I want to go through the process in the most squeaky clean way, so I didn't know if losing the green card because we never filed for the 10 year card was the best idea. Rather I was thinking to go through the regular process of getting the 10 year and then file the I 407 after we get to Chile. Or filing a reentry permit first, and then the I 407 later.

 

I just wanted it to look all good if we apply for a GC in the future. I would rather have it look like we officially abandoned the card, rather than just letting it expire. Unless there is literally no difference in the eyes of USCIS.

[EM_Vandaveer 2,408]

1 hour ago, garebear397 said:

Yes she has her conditional green card. That was actually another thing I was wondering. I want to go through the process in the most squeaky clean way, so I didn't know if losing the green card because we never filed for the 10 year card was the best idea. Rather I was thinking to go through the regular process of getting the 10 year and then file the I 407 after we get to Chile. Or filing a reentry permit first, and then the I 407 later.

 

I just wanted it to look all good if we apply for a GC in the future. I would rather have it look like we officially abandoned the card, rather than just letting it expire. Unless there is literally no difference in the eyes of USCIS.

How do you go through the I-751 process that takes about 15-18 months now if you can only start it in September 2019 and you want to move to Chile in December 2019?

Edited January 24, 2019 by EM_Vandaveer

[garebear397 69]

1 hour ago, EM_Vandaveer said:

How do you go through the I-751 process that takes about 15-18 months now if you can only start it in September 2019 and you want to move to Chile in December 2019?

Welp....that is a real good point. Do you think it will be an issue at all if we just let her green card expire? Like will it be an issue if we reapply for another green card in the future? I guess we can still submit the I 407 before her green card expires. 

[HonoraryCitizen 179]

11 hours ago, garebear397 said:

Welp....that is a real good point. Do you think it will be an issue at all if we just let her green card expire? Like will it be an issue if we reapply for another green card in the future? I guess we can still submit the I 407 before her green card expires. 

Why should it be a problem? It only becomes a problem when in the future she wants to adjust status through marriage to another man. At that point they may want to check the bonafides of the previous marriage. Definitely not a concern if she’s applying through the same person she’s been married to for years.

 

But sure if you want to formally abandon it, there’s no filing fee.