I-407 Question..???
Jul 20th 2019, 5:54 am
#1
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Joined: Jul 2018
Location: UK
Posts: 52
I-407 Question..???
Hello
Im the USC and husband is UKC. We are currently in the process of filing for Visa for husband to US.
Bit of background...
We have been married 20 years. First 13 years we lived in the US w my husband being a LPR w green card. In 2012 we decided to move to UK. I am now a UK LPR. We have decided to move back to US.
When we left the US the immigration help line person told my husband that he didn’t have to do anything about LPR status.
He also did not get US citizenship. As we have now lived in UK for 7 years he would be considered as abandoning his LPR status.
My question is... the form I-407. As we are filing for him to return to US, do we just send the I-407 with the I-130 and attach his original green card? However there is a section on the I-407 that states you are abandoning your LPR status and have no intent on returning to the US etc... then your signature is required. How does this work if your applying for residency to US yet signing something saying you have no intent to return?? Would an additional explanation attached to form be needed? Also should it be signed, as it contradicts filing for new Visa?
Any help would be so appreciated as soon as soon as possible.
Thank you !!!
Im the USC and husband is UKC. We are currently in the process of filing for Visa for husband to US.
Bit of background...
We have been married 20 years. First 13 years we lived in the US w my husband being a LPR w green card. In 2012 we decided to move to UK. I am now a UK LPR. We have decided to move back to US.
When we left the US the immigration help line person told my husband that he didn’t have to do anything about LPR status.
He also did not get US citizenship. As we have now lived in UK for 7 years he would be considered as abandoning his LPR status.
My question is... the form I-407. As we are filing for him to return to US, do we just send the I-407 with the I-130 and attach his original green card? However there is a section on the I-407 that states you are abandoning your LPR status and have no intent on returning to the US etc... then your signature is required. How does this work if your applying for residency to US yet signing something saying you have no intent to return?? Would an additional explanation attached to form be needed? Also should it be signed, as it contradicts filing for new Visa?
Any help would be so appreciated as soon as soon as possible.
Thank you !!!
Jul 20th 2019, 7:03 am
#2
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: I-407 Question..???
There is an address in KY to send the I-407 to. He can do that and keep a copy for himself, but then only show the copy if specifically asked at the visa interview.
Rene
Rene
Last edited by Noorah101; Jul 20th 2019 at 7:06 am.
Jul 20th 2019, 9:33 am
#3
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Joined: Jul 2018
Location: UK
Posts: 52
Re: I-407 Question..???
Even though we reside in the UK, and are filing thru the
US Embassy in London? I have to send this form to Kentucky??? Before we can file the Petition??
Thanks
US Embassy in London? I have to send this form to Kentucky??? Before we can file the Petition??
Thanks
Jul 20th 2019, 5:05 pm
#4
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: I-407 Question..???
No, you don't HAVE to. But if you WANT to, in order to show proof the the previous status was cancelled, the only place to mail it to is that address in KY.
Rene
Rene
Jul 20th 2019, 5:36 pm
#5
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Joined: Apr 2001
Posts: 46,383
Re: I-407 Question..???
I would add that someone about a year or so ago was asked by the US Embassy to show that the green card had been relinquished and they had to file the I-407 for the non-US citizen who once held US residency. They just needed to bring a copy of the filing and proof of mailing.
Jul 21st 2019, 3:59 am
#6
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Joined: Jul 2018
Location: UK
Posts: 52
Re: I-407 Question..???
We are going to send I-407 to be safe. I however found that it must be sent to Vermont not Kentucky. This information is located on both the UK embassy site and the USCIS site and on 2 separate immigration attorney sites. If y’all know differently could you please tell me where you have seen the Kentucky address information...
Thanks for all the help !!!
Thanks for all the help !!!
Jul 21st 2019, 4:02 am
#7
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Re: I-407 Question..???
Jul 21st 2019, 4:08 am
#8
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Location: Phoenix, Arizona
Posts: 58,679
Re: I-407 Question..???
I was just remembering from some ong ago posts. If the instructions give an address in VT, you should follow the official I-407 instructions.
Rene
Rene
Jul 21st 2019, 5:55 am
#9
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Re: I-407 Question..???
Thanks
Suzie
Jul 21st 2019, 6:52 am
#10
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Location: Phoenix, Arizona
Posts: 58,679
Re: I-407 Question..???
The USCIS website will be correct. No need to call.
Rene
Rene
