Abandoning Green Card question

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Old Nov 8th 2016, 12:24 am
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Default Abandoning Green Card question

Hello,

We have happily just received a spouse visa for my husband and are moving back to the UK next week - hooray!

I am wondering if anyone has advice for abandoning my Green Card. I have found info and a form online: https://www.uscis.gov/i-407 but am wondering when I should submit this. At some point we will want to come back for a visit, so I want to make sure I do it right. Should I file the form and then apply for an ESTA when I need to visit?

Thanks in advance for any help!
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Old Nov 8th 2016, 10:34 am
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Default Re: Abandoning Green Card question

Originally Posted by Emmarrr
I have found info and a form online: https://www.uscis.gov/i-407 but am wondering when I should submit this.
The I-407 is the correct form. You submit it when you're ready to abandon your status... and not before!


Should I file the form and then apply for an ESTA when I need to visit?
Yes.

Ian
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Old Nov 8th 2016, 12:02 pm
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Default Re: Abandoning Green Card question

There's no harm in leaving abandonment until 6-12 months after you've left as you certainly wouldn't be the first person/couple to decide that moving was a mistake and that you want to come back.
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Old Nov 8th 2016, 2:55 pm
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Default Re: Abandoning Green Card question

Have you considered applying for naturalization? If you've been married for (just under) three years, you can apply for citizenship and then you'd be free to move between the US and the US at any time in the future if you so desire.

The only drawback is that you have to file tax returns every year, but you won't get double-taxed and the EZ file will most probably work for you.

Mr. P's advice is pretty sound either way.
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Old Nov 8th 2016, 3:20 pm
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Default Re: Abandoning Green Card question

Originally Posted by Guindalf
Have you considered applying for naturalization? If you've been married for (just under) three years...
He needs to have been a US PR for 3 years and the marriage needs to be more than 3 years old.

He can file the N-400 up to 90 days prior to his 3rd anniversary as a PR, but only if the marriage is also 3 years old at that time.

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Old Nov 8th 2016, 4:47 pm
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Default Re: Abandoning Green Card question

Originally Posted by Guindalf
Have you considered applying for naturalization?
As they are moving next week it doesn't matter if they have considered it or not, there isn't time to complete the process.
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