Sarah & Blair

Thanks all! I have to fly to the US for Christmas soon and I’ll use my green card on entry and see what happens. Appreciate all the answers!

@carmel34 Thanks for sharing your experience! I think the only thing that concerns me about our situation is this: "1) the risk of having to eventually to appear before an immigration judge and prove that their LPR status was not abandoned (we had no evidence of this)" We don't really have any evidence of this either, other than keeping bank accounts/credit cards etc. I've been working as a freelancer for US companies but that can be done anywhere so I have to assume that's not proof of maintaining LPR status.

No she became a Canadian PR and worked for a company here.

Because the original intent wasn't to return... but yeah I do see your point and on hindsight I should have just used it every time regardless.

@OldUser @Crazy Cat Thanks for the quick replies! Thought about going that route. I suppose the issue is, I've entered the US numerous times over the last few years but haven't used my green card. I'm concerned CBP will question why. Trying to do this in a way that won't get me banned 🤣

Greetings good people! The abbreviated version of our story: I entered the US (from Canada) in 2012 on a K1 visa. We've been happily married since. Yay! Around the start of Covid we moved to Canada for family reasons and originally did not intend to return to the US in a full-time capacity... at least for the foreseeable future. Well, things have changed of course and now we're looking to return. My wife (US citizen by birth) is moving back next week for a new job and I'm hanging back here until we can secure an IR-1. I do have a green card, but as per everything I read online, because I've been a full-time resident outside of the US for almost 3 years, it's considered as abandoned. Now, there's been nothing official from me or USCIS about said abandonment. I did find out recently that there is a form to formally notify that I'm not longer a resident, so I'll be filling that out immediately. I am kicking myself a bit for not knowing that before, but here we are. Question is, does anyone know if we can just immediately apply for CR-1 after submitting the I-407 (green card abandonment) or if they may reject due to my having only just abandoned my green card? Also, before anybody asks, yes we have thought about the SB-1, but it seems pretty clear that I have to have intended to return to the US all along and were unable, which is clearly not the case. We are waiting to hear back from an immigration attorney but I figured I'd post here to see if anyone has any insight. Cheers!