BBSF1

Hey, my apologies if this is in the wrong section.


I entered the US in December 2013 via a K1 visa. Successfully adjusted my status and received my 2 year green card in November 2013. In May 2014 I left the US and returned back to the UK. I don't plan on ever moving back to the the states, Just the occasional vacation. Is it too late to fill out from I407 or would it already be considered abandonment of status?


Can I enter the US under the WVP?

Thank's for your help.

YouWantFriesWithThat

I think you need to recheck the dates you have used in your timeline.

Somebody will be along soon to help answer your queries.

BBSF1

Sorry about that


It should be

I entered the US in December 2012 via a K1 visa. Successfully adjusted my status and received my 2 year green card in November 2013. In May 2014 I left the US and returned back to the UK. I don't plan on ever moving back to the the states, Just the occasional vacation. Is it too late to fill out from I407 or would it already be considered abandonment of status?

Pulaski

It is far from certain that your PR status would already be considered abandoned, so filing an I407 would clarify the situation, and in any case I don't see it doing any harm.

BBSF1

Thank's for the reply's, a little more digging on here and the US embassy London webpage gave me all the info I needed, I will complete form I407 as send it off as soon as possible.

For anyone else with a similar question, check here first

Filing I-407 | Embassy of the United States

Thank's for your time.

S Folinsky

An interesting case on abandonment is United States v Yakou.

Usually it is the Government saying the non-citizen abandoned and the non-citizen asserting opposite. Here it was the Government saying no abandonment especially since you never did the I-407 and the non-citizen asserting abandonment.

crg

If it was a conditional green card, it's a little different than with a permanent green card when considering abandonment.

If you didn't file a timely I-751 to remove conditions, it appears that you lose permanent resident status at the end of the 2 years.

There are ways to fix a late or lack of filing, but it doesn't appear that you have an interest in residing in the US anyway.

An I-407 would tie up the loose end and you should surely find a way to do so. Showing up with a terminated conditional LPR status on your next tourist visit could cause serious problems at the border since it could appear that you are attempting to resume residence. A Notice to Appear for removal proceedings could result.

You may want to consider doing the I-407 along with a visitor visa application at the same time depending on your ties to the UK and how good of a candidate you are. Normally a failed visa application can cause big problems with future VWP usage and ESTA. However, having the Consular Officer review your situation and issue a visa could lessen the risk of border crossing headaches.

The K-1/I-407/VWP route isn't as risky as the VWP/Adjustment/I-407/VWP route so you may be okay to use the VWP because the first scenario strongly indicates prior VWP abuse and possible ineligibilities depending on when the person adjusted. If you do decide to use the VWP, apply for ESTA before buying plane tickets and travel with a copy of the I-407.