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Reapply for GC after abandining LPR Status?

Reapply for GC after abandining LPR Status?

Old Feb 15th 2009, 4:46 pm
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Default Reapply for GC after abandining LPR Status?

Hello,

I have a bit of a dilemma. I Lived in USA for 3 years after marrying my US husband in 2004. I had a GC. Unfortunately things just were not working out for me there. So I left to return to the UK and I abandoned my LPR status as it was the right thing to do - that way I wouldn't have any problems going to the US on holiday.

Fortunately we have resolved our marriage problems and my OH is currently living here in the UK (incidentally his visa only took 2 weeks to process and be approved!). But since he's been here he has not found work anywhere, the situation is dire - no recourse to public funds, no jobs in our area (S. Yorkshire) we are both wondering if we should move back to the states.

I know that I would have to apply over again for the I-130 and then the I-485 - can I do that without any issues? I abandoned LPR status about 1 year 3 months ago.

We were planning on moving to different part of Florida which is a bigger city - Tampa Bay . Any advice? Would the immigration officers frown upon me for reapplying after abandoning status once before?

Thanks for any advice.
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Old Feb 15th 2009, 4:49 pm
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Default Re: Reapply for GC after abandining LPR Status?

Originally Posted by alicat26 View Post
Hello,

I have a bit of a dilemma. I Lived in USA for 3 years after marrying my US husband in 2004. I had a GC. Unfortunately things just were not working out for me there. So I left to return to the UK and I abandoned my LPR status as it was the right thing to do - that way I wouldn't have any problems going to the US on holiday.

Fortunately we have resolved our marriage problems and my OH is currently living here in the UK (incidentally his visa only took 2 weeks to process and be approved!). But since he's been here he has not found work anywhere, the situation is dire - no recourse to public funds, no jobs in our area (S. Yorkshire) we are both wondering if we should move back to the states.

I know that I would have to apply over again for the I-130 and then the I-485 - can I do that without any issues? I abandoned LPR status about 1 year 3 months ago.

We were planning on moving to different part of Florida which is a bigger city - Tampa Bay . Any advice? Would the immigration officers frown upon me for reapplying after abandoning status once before?

Thanks for any advice.
What did you actually do to abandon you GC

The employment situation in the Tampa bay area is probably
worse than the UK
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Old Feb 15th 2009, 5:18 pm
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Default Re: Reapply for GC after abandining LPR Status?

I went down to the US embassy in London to file the I-407 and handed back the GC. The guy there said that I would have to reapply from scratch if I wanted to go back - which I fully understood.

I don't think the work situation sounds too good there either, but my OH has his own business which he can re-establish there which will make more money than I can currently make here. Were just assessing our options and I want to make sure that I do it right if I choose to reapply.
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Old Feb 15th 2009, 5:35 pm
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Default Re: Reapply for GC after abandining LPR Status?

You should not have any problem applying for your Immigrant Visa. Depending on how long your husband has been in the UK and what his status is there, you might be able to apply directly through London, which takes about 5 months. He will probably need a joint sponsor for the I-864 since he is currently unemployed.

If he does not qualify to file the I-130 directly in London, he will have to file to a US Service Center, in which case it takes about 8 to 10 months for you to get your immigrant visa.

There is no I-485 associated with your immigration.

Best Wishes,
Rene
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Old Feb 15th 2009, 5:52 pm
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Default Re: Reapply for GC after abandining LPR Status?

Originally Posted by alicat26 View Post
I went down to the US embassy in London to file the I-407 and handed back the GC. The guy there said that I would have to reapply from scratch if I wanted to go back - which I fully understood.

I don't think the work situation sounds too good there either, but my OH has his own business which he can re-establish there which will make more money than I can currently make here. Were just assessing our options and I want to make sure that I do it right if I choose to reapply.
Hi:

Been there and done that with clients. No problem. As pointed out in another post, the I-485 is for state-side adjustment only. You have to go through the immigrant visa process.

Believe it or not, it might be easier to do it the second time around.
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Old Feb 15th 2009, 5:58 pm
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Default Re: Reapply for GC after abandining LPR Status?

Originally Posted by alicat26 View Post

I know that I would have to apply over again for the I-130 and then the I-485 - can I do that without any issues? I abandoned LPR status about 1 year 3 months ago.
They don't mind that your plans changed and you 'abandoned' your status.. IE the Agency won't take it personally.

But where do you get the idea about the I-130+I-485? Is that how you immigrated before? Once you are outside the US, that option is no longer available.
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Old Feb 15th 2009, 6:36 pm
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Default Re: Reapply for GC after abandining LPR Status?

Thanks for the prompt replies!

I'm not 100% sure on how to reapply - I remember that last time round it was for a fiancee visa and it took forever to sort.

So, I would need OH to file I-130 and then once that's approved do I go for the medical again in London - then enter USA....then what happens?

Sorry if this seems ignorant - I have a lot on my mind right now!

I thought that I-485 was to adjust status once in the US - I may be wrong!
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Old Feb 15th 2009, 7:09 pm
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Default Re: Reapply for GC after abandining LPR Status?

Originally Posted by alicat26 View Post
So, I would need OH to file I-130 and then once that's approved do I go for the medical again in London - then enter USA....then what happens?
Then you become a PR again the moment you enter the US, and your GC should arrive in the mail shortly thereafter.


I thought that I-485 was to adjust status once in the US - I may be wrong!
You're not wrong... but you won't be adjusting status inside the US. All the "adjusting" will be done before you get to the US.

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Old Feb 15th 2009, 7:27 pm
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Default Re: Reapply for GC after abandining LPR Status?

Originally Posted by alicat26 View Post
Thanks for the prompt replies!

I'm not 100% sure on how to reapply - I remember that last time round it was for a fiancee visa and it took forever to sort.

So, I would need OH to file I-130 and then once that's approved do I go for the medical again in London - then enter USA....then what happens?

Sorry if this seems ignorant - I have a lot on my mind right now!

I thought that I-485 was to adjust status once in the US - I may be wrong!
The first time you did this was as a fiancee, so you needed to adjust your status once you came to the USA.

This time, you will be doing this as a spouse, so there is no more adjustment of status. When you enter the USA using your Immigrant Visa, you become a PR right away, and your green card comes in the mail a few weeks later.

Does your husband qualify to file the I-130 in London? He would need to have been living in the UK with some kind of permanent status for more than 6 months in order to do this. And does he have a joint sponsor for the I-864?

Rene
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Old Feb 15th 2009, 8:53 pm
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Default Re: Reapply for GC after abandining LPR Status?

Originally Posted by Ray View Post
What did you actually do to abandon you GC

The employment situation in the Tampa bay area is probably
worse than the UK
I would have to agree with Ray...the employment situation in FL (anywhere in FL) is awful right now. It took me almost 6 months to find a job after entering on my K1 (with JFK EAD) last year, and I have friends looking now who have fabulous credentials having a terrible time finding something.

Just as an FYI - Tampa currently has it's highest jobless rate since September 1992. 8.3% on average for all it's counties in Dec 2008, Hernando county topped it's list (just north of Tampa) at 10.9%. FL unemployment rates were last reported at 8.1%.

Scary stuff
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Old Feb 15th 2009, 8:56 pm
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Default Re: Reapply for GC after abandining LPR Status?

Originally Posted by VeeGee View Post
I would have to agree with Ray...the employment situation in FL (anywhere in FL) is awful right now. It took me almost 6 months to find a job after entering on my K1 (with JFK EAD) last year, and I have friends looking now who have fabulous credentials having a terrible time finding something.

Just as an FYI - Tampa currently has it's highest jobless rate since September 1992. 8.3% on average for all it's counties in Dec 2008, Hernando county topped it's list (just north of Tampa) at 10.9%. FL unemployment rates were last reported at 8.1%.

Scary stuff
It is indeed... my wife lost her job over a year ago and we have never seen a similar position available since them..even Walmart turned her down for being over-qualified ..
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Old Feb 16th 2009, 5:44 pm
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Default Re: Reapply for GC after abandining LPR Status?

Yep, I'd third the job market in Tampa being dicey. Its always been very difficult to find work here even before the current calamity - reason being, a lot of people do want to move to Florida - so the employers have a lot of choice of candidates and can offer lower pay than elsewhere.

If I lost my current job, I think I'd most likely have to take to world hopping contracting again; wouldn't rate my chances finding anything half decent at the mo.
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Old Feb 16th 2009, 5:57 pm
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Default Re: Reapply for GC after abandining LPR Status?

Originally Posted by Ray View Post
... even Walmart turned her down for being over-qualified ..
Time to dumb-down her resume!

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Old Feb 16th 2009, 6:34 pm
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Default Re: Reapply for GC after abandining LPR Status?

Originally Posted by ian-mstm View Post
Time to dumb-down her resume!

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Old Feb 16th 2009, 7:18 pm
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Default Re: Reapply for GC after abandining LPR Status?

I'd 4th what Dan, Ray and everyone else has said, that the Tampa Area is not a great place to be looking for a job at the moment. People that have one are hanging onto them and keeping their fingers crossed. The unemployment rate is high, and like other people have said, I'd be pretty concerned if I was looking for a job in the Tampa area at the moment.
I know a few people that have had (or still have) the issues of looking for a job locally and finding it difficult, and I know several people that have small to medium sized businesses that are struggling financially just to keep going too.

As for the LPR question, seems like that's been answered.
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