Abandonment of LPR

JANEY26

New Member
Please help - the more I read on the subject the more confused (and paranoid!) i'm becoming!

I have a GC, I have been out of US for 7 months. I have booked a flight over there on a return ticket, a single ticket costs twice as much. I am worried about the POE officer refusing entry based on abandonment of LPR status.

The situation is that myself and my husband (US citizen) had marriage problems and I wanted a break, and I was really homesick. I left US without filing return visa - we now have reconciled and want to relocate to UK. We are in the process of doing so. I want to go over there for a visit while we are waiting. I DO realise that I am not entering to remain in US and therefore I am risking losing my GC and being removed. I just fear that if anything goes wrong with his application to come here then we will be stuck apart and any hearing or appeals for his case will take a long time.

Things in my favor:-
Married to US citizen
Have bank account still active in both our names.
green card is still valid

Things not in my favor:-
Have no job in USA
We own no property my husband is renting from a friend right now
No credit cards active
using return ticket
have a job in UK
Haven't filed taxes as haven't been out of US that long, and its just turned January so not that unusual not to have filed yet (?)

Have have been on the phone to DHS in London and they told me im still in status and that they couldn't do anything for me - just the usual - its the IO's decision whether to grant entry or not. I also contacted US Embassy in London and they said I shouldn't file I-407 as my GC is still valid.

Please dont berate me for not using my GC as intented. Sometimes people go through emotional problems and issues of immigration with all its' bureacracy comes second.

I would appreciate helpful comments I have honestly outlined my situation here.
 
I also contacted US Embassy in London and they said I shouldn't file I-407 as my GC is still valid.
That doesn't make sense ... if it is no longer valid, what is the use of filing a form to abandon a residence that is already declared invalid?

If you are serious about leaving the US, file the I-407 to surrender the card, then get a tourist visa and use that for your visit (or if you are a UK citizen you shouldn't need a tourist visa to visit).
 
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My GC is still valid. I have been out of US for 7 months - not over one year which would automatically render it invalid without a re-entry permit.
 
I know it's still valid. I'm saying it doesn't make sense that it being valid means you shouldn't file a I-407. If it's valid and you want to surrender it, go ahead and fill out the form and surrender it. Unless you want to take your chances and attempt to use it one last time to reenter the US for a while until you relocate to the UK.
 
Thank you, yes you're right. I have to weigh up whether to try to enter again before permanently moving to UK
 
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