• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

Abandoning a green card...intentionally

2

2014hopeful

Registered Users (C)
Dear immigration gurus,

I hope my inflammatory thread title captured your attention but let me say first that I do not want to abandon my green card. I am, however, faced with a bizarre situation where I might have to in order (paradoxically) to move to the US. I'd be very grateful for your thoughts.

I'm Australian and won the DV lottery in 2013. I got my green card in 2014. After I'd done that, I left the US to do a master's in the UK which I'd already been accepted for. I got a re-entry permit which will allow me to remain outside the US until September this year.

While in the UK, I lost my heart to an English girl. Now I've been offered an amazing job in Washington DC that I've accepted. I (mistakenly) thought my girl could come on a B2 tourist visa and would have up to a year to find a company to sponsor her. Now I've found out that since she's eligible for the visa waiver, a B2 won't be issued to her.

I'm now faced with the bizarre option of abandoning my green card, marrying my girl (which we're going to do anyway) and then applying for an E3 visa and dependent's visa. That's the only way I can think of to make this work.

Does anyone have any thoughts on how we can avoid doing this. I'd really like to keep my green card but my relationship is my priority.

Thanks so much. This forum was a lifesaver when I was getting my green card so I'm hoping someone might have an ingenious idea!

2014hopeful
(should really be 2016desperate now!)
 
She can apply for a B2 visa, but this would only allow 6 months stays, and not always consecutively.

That being said, I'm not that well versed on the ins and outs of sponsorship. So, you want to get married and have her move immediately, or are you willing to do a little long distance relationship-ing when you have to while you wait? I think sponsoring her with your LPR status would be better, but again, I'll let someone else weigh in. You can also get another re-entry permit, which will likely be issued for the full 2 years, if you want to stay abroad for a little longer, but I guess getting her to the US is the first goal.

Also, the months in which things happened would be helpful to know, like when you activated your status, when you got your RP and when you left the US, etc.
 
Hi Cafeconleche

Thanks for your reply. I entered the US on 3 July 2014 and left on 18 September 2014. I haven't been back since. My understanding (from reading similar forums to this one) is that although on the face of it, she's eligible for a B2, it is not usually granted to people who are eligible for the visa waiver program since they cannot usually prove sufficient ties to their home country. We don't want to risk her being denied a visa, in which case she'd have to wait for 6-12 months to reapply.

I guess the crux of my question is, can you foresee any problems with me abandoning my green card and immediately applying for an E3? Long distance is out of the question, so the 18-24 months we'd have to wait for me to sponsor her for LPR status through me is a no go. And the other problem is that if I apply for another re-entry permit and stay outside the US any longer, the job opportunity will pass me by (and it's a bit of a life-changing opportunity!).

This has all come about in a bit of a frantic rush, so we haven't had the chance to think it through fully. Our heads a spinning! We'll also look into options like a student visa, although that would come with its own difficulties, i.e. the cost of tuition!

Maybe it's just a case of turning up and seeing if she can find H1b sponsorship in her field. That seems like such a long-shot though.
 
Firstly, to assume you have filed tax returns for 2014 and 2015 as a green card holder? I think before you can formally abandon your green card they will check with the IRS.

Now, as you say all in a rush and your head is spinning. Take a deep breath. Think of the long term picture, and ask yourself if it's worth a little discomfort in the short term. What happens for example if your E3 takes longer than you expect and you lose out on the job? Or if for whatever reason you don't actually get the visa? I don't know the specifics of an E3, what happens if you lose your job or visa but want to stay? Etc. Many people spend a few months apart while they are sorting out visa situations, not just in the US but all over the world, because they keep their eyes on the prize. If you really want to be in the US long term, you need to think through all the implications of abandoning a green card more than you seem to have done so far- my 2c - opinion worth what you paid for it ;)
 
Woah!!! You are making this much more complicated that it needs to be.

She can enter the USA for up to 6 months at a time on the VWP. So - you marry the girl, and start the sponsorship process. You come come back to the USA, establish your life, get a job and so on. You will be apart for a few weeks. It's not dangerous for married couples to spend a few weeks apart sometimes. You will both live.

Then she comes to stay with you for a 6 month trip. She cannot legally work during that period. When the 6 months is up (which will be about a year from now - and therefore a year into the sponsorship process, she goes home, and again you'll be apart for a few weeks - you can go and see her for a vacation. After a couple of months have passed she can re-enter the USA under the VWP. You might get the interview by then or if not, you repeat the whole thing one more time. You could even reapply for another re-entry permit - but, depending on your circumstances, you might need to establish yourself in the USA to be able to sponsor her (financially).

In all, you will probably spend a few weeks apart over the next couple of years. That is a small price to pay for you both ending up with GCs.
 
I second Simon's advice. A little pain for a whole lot of long-term gain for both of you. A few weeks shouldn't hurt if the relationship is healthy.
 
B2 allows you to stay for 6 months, you can extend the visa for an other 3 or 6 months I think ....
Therefore the separation will bearable, so get married and take advantage of the b2 visa while waiting for your future :) wife immigration visa....
 
Please be careful - the VWP only allows a 90-day stay at a time! It's the B2 that allows 6 months. It's true that if she applies and is rejected, she can never again use the VWP, but remember that the timeline will then be 3 months in the US, 3 months out, then again in, and again out. There's also no guarantee that this will be the case, since she could be asked to disclose the fact that her spouse is an LPR in the US. But, don't let this discourage you. At least, give it a shot in the beginning.
 
Thanks for your thoughts all, I appreciate it.

SusieQQQ - yes, I have filed my tax returns. I've done this as much by the book as I could, so there should hopefully be no problems with my return to the US, especially since I also have a bank account, driver's licence, credit card, SSN and employment contract there.

Britsimon - I really hope I am over-complicating things. The problem is that the VWP is actually only for 90 days, after which she'll have to leave the country for at least a few weeks before hopefully being allowed to re-enter. As cafeconleche said, the concern is that she'll get picked up by immigration for making overly frequent/long trips to visit me and they'll deny her entry, which would be a black mark against her name and make future visa applications difficult. Also, my understanding is that as soon as I file the I-130 petition for alien relative, that will be deemed to be immigrant intent, thereby invalidating her eligibility either for the VWP or the B2. If that's the case, she won't be able to enter the US while the petition is pending, which will be far longer than a few weeks and anything up to two years. A few weeks apart is no problem at all. Two years apart is not something either of us are willing to do.

Anyway, I think the plan will be for her to enter under the VWP, look for a job or a course that she could do in the longer term, then head back to the UK for a few weeks to get a working visa, if she's been sponsored, or a student visa, if she'll be studying, and then come back. Once she's safely in the US on a visa, I'll lodge the I-130. Failing all of that, hopefully I will have stunned my new firm with my brilliance by then and they'll be willing to send me out of the country for a month or two while I abandon my green card and we apply for E3 and dependent's visas.

Keep your fingers crossed for us. I'm pretty risk-averse by nature and there seem to be a whole heap of factors ahead that could work against us! Thanks for all your advice, though, particularly telling me to calm down and take a deep breath - it was very helpful!
 
Keeping your fingers crossed on this one for you. Yes, long distance is a pain in the proverbial, but time really does fly by and you can work around it with a little planning. Heed the advice of the great moderators and forum sages here :) For what it may be worth, my partner (pre marriage) was in California and I visited from Australia on 3 occasions using VWP. On the third entry, I was told firmly but politely not to use this visa again, else I might not be allowed back in. The quite nice Homeland Security Officer suggested I apply for a B2 visa next time. Back in Australia, I waited about 6 weeks and off I went to the US Consulate and did just that. We married in the US and then headed back to Oz. The fact that he is Canadian and NOT American is why I am now on my 4th attempt at winning the DV lottery! All the best to you - take deep breaths, these are big decisions you are making. It would be a shame not to keep that green card.

Q
 
She can continue to visit, even with the I-130 in place. So long as she can prove strong ties to the UK (work, home, commitments), there should be no issues. And you can continue to visit her.

From what I gather, most CR1 visas take around a year or so.
 
Its a simple one really, but only if you are willing to walk not race alongside your streak of good tidings.
Priority one is to estsblish yourself in usa and you atre halfwasy done- now a place to pack, finances to spondor her, etc. So eyes on the price: sponsorship of a spouse. Give that a timeline of about two years.
Priority two is how you and heart beat the london-d.c distance. Truth mostly works so invite her as your girfriend, instead of the vwp visa.I guess that invitation letter from you will suffice at the embassy but she ought not overstay the visitor's visa.
Either way, you must contend with long distance relationship until you marry formally and do the sponsorship.
 
You must log in or register to reply here.
Top