Question about LPR status

[Jimmy_Breen 10]

Hi,

My fiance and I are applying for a K1 and I've come up against a small source of anxiety today (application just filed).

Long story short, I had LPR status as a child, but then my parents and I moved back to our home country. I've found out that my parents didn't renounce their LPR status, and so I probably still technically have it, as I never renounced it either. 

 

Will this be an obstacle at this stage? 

 

My feeling is that the K1 doesn't grant LPR, it only makes one eligible for it, so as long as I renounce my old LPR before doing AOS after the K1 is granted, then I should be fine. But I'm not sure. 

Does anyone have any experience with this? 

Thanks in advance.

[payxibka 10,045]

38 minutes ago, Jimmy_Breen said:

Hi,

My fiance and I are applying for a K1 and I've come up against a small source of anxiety today (application just filed).

Long story short, I had LPR status as a child, but then my parents and I moved back to our home country. I've found out that my parents didn't renounce their LPR status, and so I probably still technically have it, as I never renounced it either. 

 

Will this be an obstacle at this stage? 

 

My feeling is that the K1 doesn't grant LPR, it only makes one eligible for it, so as long as I renounce my old LPR before doing AOS after the K1 is granted, then I should be fine. But I'm not sure. 

Does anyone have any experience with this? 

Thanks in advance.

If you still had LPR status, you would not need a visa, however, due to passage of time, you LPR status has most likely been abandoned

[Jimmy_Breen 10]

52 minutes ago, payxibka said:

If you still had LPR status, you would not need a visa, however, due to passage of time, you LPR status has most likely been abandoned

Hi payxibka,

That's the tricky part. Apparently, if what I'm reading is correct, LPR isn't abandoned after any period of time, it can only be removed by personally renouncing it or by a judge ordering it to be removed (neither of which have happened). 

Although, even though my LPR remains, I couldn't, for instance, travel back into the USA on my green card. 

My worry is that the continued existence of my LPR status would lead to a blocked K1 application. I may have to call USCIS to find out.

[payxibka 10,045]

I407

[SalishSea 17,645]

15 hours ago, Jimmy_Breen said:

Hi payxibka,

That's the tricky part. Apparently, if what I'm reading is correct, LPR isn't abandoned after any period of time, it can only be removed by personally renouncing it or by a judge ordering it to be removed (neither of which have happened). 

Although, even though my LPR remains, I couldn't, for instance, travel back into the USA on my green card. 

My worry is that the continued existence of my LPR status would lead to a blocked K1 application. I may have to call USCIS to find out.

LPR status is not granted indefinitely.  There are residency conditions that apply.  If you have not lived in the US for years, you no longer have a valid green card.