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Cancelling my I-751 and then ESTA and GE

Cancelling my I-751 and then ESTA and GE

Old Nov 8th 2019, 1:13 pm
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Default Cancelling my I-751 and then ESTA and GE

Not sure if i should post here or on returning to UK.

Its all happening very fast and we are starting the move back to the UK. Didn't expect to a few months ago but after a couple of trip back know that's where we want to be. The issue that worries me a little is getting the procedure right so I can get an ESTA. Whilst we will move back next month i will still need to come back at least once a month to visit customers whilst a replacement is found and trained up.

My understanding is I should write to USCIS and state i want to cancel my AOS. The worry is how long it takes them to process it and what happens when a couple of weeks later i apply for an ESTA.

Does anyone also know what i need to do to get my GE so i can then just use my UK passport ?
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Old Nov 8th 2019, 5:02 pm
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Default Re: Cancelling my I-751 and then ESTA and GE

I-751 is removal of conditions, are you already a GC holder? If so you are technically a permanent resident and need to follow procedures for abandoning permanent residence.

If just at AOS stage, with your AOS submitted, you've shown an intent to immigrate, so yes you should formally abandon the procedure to show that you no longer have immigrant intent.
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Old Nov 8th 2019, 5:33 pm
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Default Re: Cancelling my I-751 and then ESTA and GE

Yes, Chin's a PR but a CPR.

I would suggest you do the online rescinding of your residency status and just not allow your status to evolve into revoked status. There is a form to complete online. Go to the www.uscis.gov site. It is form I-407
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Old Nov 8th 2019, 6:40 pm
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Default Re: Cancelling my I-751 and then ESTA and GE

For GE if you mean changing the DOC you use on entry from the GC to passport you have to go in person to update it. The first flight Into as a Citizen did not get Pre, so I assume my GE is also broken. NU appointments are out in Jan somewhere, but I was told I can do this as a walk in at the airport on arrival (after immigration the normal way). I assume if you did it with a GC you never did the application with the UK gov?

https://www.cbp.gov/travel/trusted-t...united-kingdom

Also you should take advise to make sure the activities you have planned will comply with B1 activities and not be working.
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Old Nov 9th 2019, 2:34 am
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Default Re: Cancelling my I-751 and then ESTA and GE

Originally Posted by tht
NU appointments are out in Jan somewhere, but I was told I can do this as a walk in at the airport on arrival (after immigration the normal way).
I tried to make an appointment to update mine and they wouldn't let me. I was told to just show up, which I did (very sceptically) and it took all of about 5 mins for them to scan my US passport as my new GE doc. Be sure to bring your actual GE card.

As for the OP: you will definitely need to appear in person. From tht's link:

Global Entry members who are not U.S. citizens or U.S. lawful permanent residents must maintain updated visa information with CBP. If a Global Entry member obtains a new visa, or obtains a new petition for a work visa, the member must notify CBP in-person at a Global Entry enrollment center.
If you can't visit an enrollment center before you leave, definitely budget non-GE arrival for your next trip. As tht alluded, it is not totally clear if your GE will survive the change to VWP visitor without UK clearance. If you really need to go back through the whole process with the UK clearance first, it may not be worth it if regular travel is going to stop in a matter of months.
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Old Nov 9th 2019, 8:54 am
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Default Re: Cancelling my I-751 and then ESTA and GE

Thanks for the feedback. This probably should be in the marriage section.

I don’t want to do anything illegal, will pay all the right taxes in both countries if needed etc.

For now my wife a USC wants to be in Uk with her mum. She’s a UK citizen as well. Who knows what the future holds. Talking with my boss yesterday it looks like I will be in the US about 40-50% of the time foe the next 18 months. Seems he wants my help for longer.

Am I doing anything wrong leaving my AOS in and in Aug next year applying for citizenship ? It’s not a big issue if it is just looking at options.
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Old Nov 9th 2019, 1:20 pm
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Default Re: Cancelling my I-751 and then ESTA and GE

You must be resident in a USA district for a certain amount of time before you can file the N-400, so if you move out of the USA now, you won't be able to apply for citizenship, as you'll abandon your AOS.

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Old Nov 9th 2019, 1:22 pm
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Default Re: Cancelling my I-751 and then ESTA and GE

I'm still not clear on whether you are already a PR and are removing conditions (I-751) or if you are still in the process of becoming a PR (AOS). You have mentioned both.

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Old Nov 9th 2019, 1:24 pm
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Default Re: Cancelling my I-751 and then ESTA and GE

I'd say you could run into problems coming in on the VWP 40 to 50% off the year for meetings. That's a lot of trips and a lot of time in the USA.

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Old Nov 9th 2019, 1:43 pm
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Default Re: Cancelling my I-751 and then ESTA and GE

Originally Posted by Noorah101
I'm still not clear on whether you are already a PR and are removing conditions (I-751) or if you are still in the process of becoming a PR (AOS). You have mentioned both.

Rene
I am a PR removing conditions. Green card expired last month.
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Old Nov 9th 2019, 1:45 pm
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Default Re: Cancelling my I-751 and then ESTA and GE

Originally Posted by Noorah101
I'd say you could run into problems coming in on the VWP 40 to 50% off the year for meetings. That's a lot of trips and a lot of time in the USA.

Rene
So if i am in the USA that much and this is classed as living here then should i continue with my I-751 ? That seems to be the dilemma
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Old Nov 9th 2019, 1:53 pm
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Default Re: Cancelling my I-751 and then ESTA and GE

In my opinion, you should continue with the I-751 and even become a USC, so that you have the greatest ease of living in both countries. However, that means continuing to live in the USA another couple of years, are you OK with that?

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Old Nov 9th 2019, 1:57 pm
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Default Re: Cancelling my I-751 and then ESTA and GE

Try and get through another couple years in USA and get your citizenship. Your wife as a USC can come and go as she pleases.
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Old Nov 9th 2019, 1:57 pm
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Default Re: Cancelling my I-751 and then ESTA and GE

Well my wife will be living in the UK next month for the foreseeable. So that is a challenge.
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Old Nov 9th 2019, 10:34 pm
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Default Re: Cancelling my I-751 and then ESTA and GE

Originally Posted by Chins
Well my wife will be living in the UK next month for the foreseeable. So that is a challenge.
For the first couple of years as A PR I had to commute back to the UK for work. I made sure not to establish a residence, and brought on in NYC. I flew back most Friday nights for the the weekend at home and also managed to spend 1 week a month at HQ to reduce it down to 3 round trips a month. Between that and spending as much of my 25 days vacation as I could here by switching to going to Hawaii / Vegas / Floria etc I was actually at home nearly 50% of the time. Then one downside was paying taxes in the the UK, and effectively double paying for healthcare because I paid for NHS and had my full US healthcare from my employer. And because I was resident in NYC I had a lot of state and city taxes I was paying and had no ability to offset with with UK tax’s paid... I probably should have moved to NH in hindsight.

If you have spent most of the last 2 years here you can probably be away from home in the US even more and still meet the required number of days for Citizenship. I kept a very detailed spreadsheet but ended up having to wait for so long for the Germans to give me permission to be some a USC that my 5 years travel was actually very minimal.
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