Is filing the Abandonment of Lawful Permanent Resident (LPR) Status (I-407 form) required BEFORE filing a Petition for Alien Relative (I-130 form)?

[Mark Sinclair 2]

I am a U.S. citizen who has been married to a Chilean national since 1991. My wife had a Lawful Permanent Resident (LPR) Status from 1992 until 2005 when her Resident Alien Card (Green Card) expired.  We returned to Chile in 2002 and lived there until 2022.   I  have recently returned to the US and am in the process of fling a Petion for Alien Relative (I-130) so that my wife can obtain LPR Status again and join me in the US.  MY QUESTION:  Is it a requirement that she file an Abandonment of Lawful Permanent Resident Status form (I-407 form) before filing the Petition for Alien Relative?  We were unaware of this I-407 form until yesterday and want to make sure we are not omitting a step before submitting the I-130 form.  Any helpful guidance would be greatly appreciated! 

 

P.S.  During our 20 years in Chile, we filed US tax returns as a married couple since, according to the IRS rules,  a non-resident spouse of a US Citizen can be considered as a US resident for tax purposes. 

[Boiler 45,525]

No

 

She could just head back with her GC

[Mark Sinclair 2]

Thanks for your quick response!

What is a “GC”?

[Mark Sinclair 2]

Now I understand. GC is Green Card. The problem is that her GC expired in 2005.

[Boiler 45,525]

GC is a Green Card

 

You had mentioned that her card had expired. The issue is her status.

 

You may need legal help.

 

 

[Timona 4,207]

Just shoot your shot and apply to renew her card. Someone here did successfully adeyr many years abroad

[OldUser 6,697]

10 hours ago, Timona said:

Just shoot your shot and apply to renew her card. Someone here did successfully adeyr many years abroad

While this can work short term, it can be a hassle if at N-400 officer won't allow the person to naturalize because LPR status was abandoned and GC was renewed in error.

Edited March 29 by OldUser

[nastra30 2,287]

5 minutes ago, OldUser said:

While this can work short term, it can be a hassle if at N-400 officer won't allow the person to naturalize because LPR status was abandoned and GC was renewed in error.

I don't think interviewing officer has that authority to determine abandonment in this case. It will become a court case at that point if op is willing to fight it. Also, the person can't just enter and naturalize; they'll have to meet a fresh set of residency and physical presence requirements.

Edited March 29 by nastra30

[OldUser 6,697]

4 minutes ago, nastra30 said:

I don't think interviewing officer has that authority to determine abandonment. It will become a court case at that point if op is willing to fight it.

You're absolutely right, I took a shortcut explaining the consequences. OP is unlikely to win such case with 20 years of absense. I'd rather get a new GC to be safe.

Edited March 29 by OldUser

[nastra30 2,287]

8 minutes ago, OldUser said:

You're absolutely right, I took a shortcut explaining the consequences. OP is unlikely to win such case with 20 years of absense. I'd rather get a new GC to be safe.

I think 'unlikely' is relative here. The immigration court is already backlogged so you can never know.

Edited March 29 by nastra30

[OldUser 6,697]

25 minutes ago, nastra30 said:

I think 'unlikely' is relative here. The immigration court is already backlogged so you can never know.

I'd think if there's a backlog wouldn't OP stuck in removal? And why even risk going this stressful route if a clean path to GC is available? 

[Boiler 45,525]

3 minutes ago, OldUser said:

I'd think if there's a backlog wouldn't OP stuck in removal? And why even risk going this stressful route if a clean path to GC is available? 

A couple of years waiting 

[nastra30 2,287]

8 minutes ago, OldUser said:

I'd think if there's a backlog wouldn't OP stuck in removal? And why even risk going this stressful route if a clean path to GC is available? 

I'm confused. Why will they be in removal if they have a valid LPR status? Court hasn't weighed in yet.

Edited March 29 by nastra30

[OldUser 6,697]

8 minutes ago, Boiler said:

A couple of years waiting 

I-90 may take a long time due to confusion and denial at the end of the 12-18 months wait?

[OldUser 6,697]

15 minutes ago, nastra30 said:

I'm confused. Why will they be in removal if they have a valid LPR status? Court hasn't weighed in yet.

To me the removal is initiated when NTA is issued? I guess the comfort of living in this situation for indefinite amount of time with no ability to plan life with certainty due to potential negative outcome of the whole thing depends on a person. I'd pick a clean route of new I-130 any day.

Edited March 29 by OldUser