Give up conditional green card status?

[bkkhdd 0]

Hello, here is my "situation",

 

First of all I am a citizen of Canada & my wife is American. I've had the conditional green card for 2 years through a K-1 visa. My wife & I are still happily together & been traveling full time for the past 5 months. We both "work" remotely, not for a company but for ourselves. We do not have a "business" so don't worry about that coming into the question I am leading to. I'll get to the point now.

 

My conditional green card expired at the end of January, 2023. I have no intention on renewing it or getting the conditions changed to "LPR" (the 10 year GC). I know that as of right now I'm still on the hook for doing taxes as I've not surrendered my CGC. Anyway I'm planning to go back to the US for a few months (2-3 just for the summer) just to meet with family that we haven't seen for the past half year. Since we are traveling full time I don't have a "permanent residence" anywhere. Would it be advisable to just go to the nearest US embassy and formally give back the conditional GC? Then enter the US this coming summer with my Canadian passport & be given the normal B2 visa that I always used to get?

 

If formally giving back the CGC does not matter, I may just give it back at the border when I arrive there. But I assume it could cause an issue if I leave it till that point.

 

Thanks for reading

Edited April 2, 2023 by bkkhdd

[Mike E 11,739]

4 hours ago, bkkhdd said:

Would it be advisable to just go to the nearest US embassy and formally give back the conditional GC? Then enter the US this coming summer with my Canadian passport & be given the normal B2 visa that I always used to get?

You can do that at the embassy or at the port of entry

[Allaboutwaiting 2,503]

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

[OldUser 6,646]

You can certainly formally give up your LPR status.

I wonder though whether you'll be able to get B-2 visa again in the near future. Or weather CBP will be ok with allowing you into the states...

 

The reasons being:

1. You showed immigration intent by applying for GC and getting it

2. Your spouse is US citizen

3. You have family in the US

Edited April 2, 2023 by OldUser

[Mike E 11,739]

45 minutes ago, OldUser said:

You can certainly formally give up your LPR status.

I wonder though whether you'll be able to get B-2 visa again in the near future

 

8 hours ago, bkkhdd said:

First of all I am a citizen of Canada

no B-2 visa needed. 

45 minutes ago, OldUser said:

 

Or weather CBP will be ok with allowing you into the states...

 

The reasons being:

1. You showed immigration intent by applying for GC and getting it

2. Your spouse is US citizen

3. You have family in the US

Filing I-407 is the best evidence of lack of immigration intent I can think of.

[bkkhdd 0]

3 hours ago, OldUser said:

You can certainly formally give up your LPR status.

I wonder though whether you'll be able to get B-2 visa again in the near future. Or weather CBP will be ok with allowing you into the states...

 

The reasons being:

1. You showed immigration intent by applying for GC and getting it

2. Your spouse is US citizen

3. You have family in the US

Well I don't apply for B 2 visa, they just stamp B 2 in my passport since I am canadian and canadians can visit USA visa-free.

 

1. I lived in america through the pandemic and now we are traveling full time & so there's no point keeping my CGC alive if we don't intend on living there for the next few years. I can always re-apply in the future if we decide to move back. It also forces me to have to file US taxes while I am not a an active resident, because you know -- American Citizens & green card holders have to pay taxes regardless of where they live in the world.

2 & 3 shouldn't matter much IMO. Canada & USA are brothers which is why I can still visit for 6 months on a single entry visa-free.

[bkkhdd 0]

2 hours ago, Mike E said:

 

no B-2 visa needed. 

Filing I-407 is the best evidence of lack of immigration intent I can think of.

Yeah I know there isn't a need to apply for the B-2 I was just stating that because that seems to be what they stamp in my passport last time I went pre k-1 visa at immigration.

 

Yeah I was thinking I 407 is probably the best way to do it earlier, rather than leave it till later. Saves me work at the border in the future afaik.

[Chancy 6,241]

*** Moved from ROC General Discussion to General Immigration-Related Discussion, where topics about I-407 are discussed ***