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tom3227

I'm abandoning my GC. What if I don't show up for the interview? I want to return to Australia

By tom3227 in Removing Conditions on Residency General Discussion

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tom3227 Apprentice

tom3227   26

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Filed: AOS (pnd) Country: Australia
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Hi. 

 

My i-751 ROC is from fricking July 2018. 30 months to process an application, 13 months since my case is Waiting to Schedule for an Interview. I'm done. I'm moving back to Australia. Can anyone with more experience please comment on how long I can stay if I don't show up for the interview, whenever they book it? I'm planing on leaving within 3 months, but if they call me sooner I would like to stay 3 more months to sell everything before I go. 

 

Thanks for your replies!

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Lucky2Lucky
Lucky2Lucky

Have you contacted your congressman during this time period? I believe you can withdraw your application but that your status may be terminated at that point. I’m not sure why you would chose the USA

tom3227
tom3227

I am no longer married, applied for the i-751 with a divorce waiver. I don't anticipate ever coming back to the USA to live. Having the citizenship means I'll have to file taxes forever to the US gov,

tom3227
tom3227

It's easy to move back. I have dogs so I have to wait 180 days anyway. Booking flights 6 months in advance in easy and cheap (1k instead of 10k now). The main reason for giving up is that if I don't I

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Lucky2Lucky Experienced

Lucky2Lucky   2,526

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7 hours ago, tom3227 said:

Hi. 

 

My i-751 ROC is from fricking July 2018. 30 months to process an application, 13 months since my case is Waiting to Schedule for an Interview. I'm done. I'm moving back to Australia. Can anyone with more experience please comment on how long I can stay if I don't show up for the interview, whenever they book it? I'm planing on leaving within 3 months, but if they call me sooner I would like to stay 3 more months to sell everything before I go. 

 

Thanks for your replies!

Have you contacted your congressman during this time period? I believe you can withdraw your application but that your status may be terminated at that point. I’m not sure why you would chose the USA over Australia anyway lol If I could chose any place to live in the world it’d be there!

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

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Approved: 8/31/15                                     Received: 9/8/15

 

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CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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Crazy Cat Grand Master

Crazy Cat   41,894

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8 hours ago, tom3227 said:

Hi. 

 

My i-751 ROC is from fricking July 2018. 30 months to process an application, 13 months since my case is Waiting to Schedule for an Interview. I'm done. I'm moving back to Australia. Can anyone with more experience please comment on how long I can stay if I don't show up for the interview, whenever they book it? I'm planing on leaving within 3 months, but if they call me sooner I would like to stay 3 more months to sell everything before I go. 

 

Thanks for your replies!

You are returning to Australia because of the delay in processing your I-751?  You still have status as a legal resident.  Anyway, if you fail to show up at the interview, they will deny your case, and you will be put into removal procedures and set for a hearing in front of an immigration judge.  That normally takes several months minimum.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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tom3227 Apprentice

tom3227   26

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Filed: AOS (pnd) Country: Australia
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Thanks for the replies. I'm returning because I realized I'd rather live there. 

 

3 hours ago, Lucky Cat said:

You are returning to Australia because of the delay in processing your I-751?  You still have status as a legal resident.  Anyway, if you fail to show up at the interview, they will deny your case, and you will be put into removal procedures and set for a hearing in front of an immigration judge.  That normally takes several months minimum.

Thank you. Do you know if I can leave the country before the hearing, and not attend it? 

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Crazy Cat Grand Master

Crazy Cat   41,894

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40 minutes ago, tom3227 said:

Thanks for the replies. I'm returning because I realized I'd rather live there. 

 

Thank you. Do you know if I can leave the country before the hearing, and not attend it? 

You can leave.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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retheem Rising Star

retheem   566

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13 hours ago, tom3227 said:

Hi. 

 

My i-751 ROC is from fricking July 2018. 30 months to process an application, 13 months since my case is Waiting to Schedule for an Interview. I'm done. I'm moving back to Australia. Can anyone with more experience please comment on how long I can stay if I don't show up for the interview, whenever they book it? I'm planing on leaving within 3 months, but if they call me sooner I would like to stay 3 more months to sell everything before I go. 

 

Thanks for your replies!

File for your citizenship now then let both processes run concurrently. Once you get your citizenship, you can move back. 

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Duke & Marie Proficient

Duke & Marie   1,389

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7 minutes ago, retheem said:

File for your citizenship now then let both processes run concurrently. Once you get your citizenship, you can move back. 

I guess his choice to do this would depend on if the relationship is still current or not and weather or not he has applied for a spousal visa via Aus gov for his spouse of it’s still a current relationship... he may not want to move back since Australia is a far nicer place to be. 

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Boiler Grand Master

Boiler   45,541

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Is it not tricky getting back to Aussie land with the Covid restrictions?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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tom3227 Apprentice

tom3227   26

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It's easy to move back. I have dogs so I have to wait 180 days anyway. Booking flights 6 months in advance in easy and cheap (1k instead of 10k now). The main reason for giving up is that if I don't I'll have to pay capital gains to the US for the rest of my life. Screw that. I love america and the US is a great place to live, but is't not worth 20% of my capital gains for the rest of my life. Plus, australian beaches :)

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Boiler Grand Master

Boiler   45,541

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I was more thinking of the stories I have read about the limited quarantining facilities and people who have had their flights cancelled last minute.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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mushroomspore Proficient

mushroomspore   3,044

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3 hours ago, tom3227 said:

Thanks for the replies. I'm returning because I realized I'd rather live there. 

 

Thank you. Do you know if I can leave the country before the hearing, and not attend it? 

You can leave but make sure to at least formally file the Abandonment form. Sorry you'll have to Google because I don't remember the form's numeric code (407, maybe?). Simply leaving without filing the Abandonment papers could present problems if/when you do decide to return, even if it's just to visit briefly.

Edited by mushroomspore
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tom3227 Apprentice

tom3227   26

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Mushroom you're on top of things! You're right, I have to file this but I can do it from overseas. I have to mail my expired GC and the form is just 1 page, super easy.

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

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Timona Experienced

Timona   4,207

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I concur with @retheem.

@tom3227  File citizenship, get it then leave. You still here for 6 month anyway. You never know. You may file and within the 6 months, boooom. Combo interview. 

Please, do not let all this be for nothing. Are you still married to US Citizen?

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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