My wife surrendered her green card using form I-407 at a foreign consulate 5 weeks ago. Her family is angry with her and now she is having second thoughts and wants to change her decision and get the green card back. She is blaming me for her decision and saying that I forced her to return the green card. But the fact is she was interviewed by a consular officer and herself signed and submitted I-407 and her green card to consular officer. Is it possible for her to get the same green card back if she blames me and says that it was not her own, free decision? If so, how?
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Green Card after surrendering it?
- Thread starter ausfburg
- Start date
Jackolantern
Registered Users (C)
Is it possible for her to get the same green card back if she blames me and says that it was not her own, free decision? If so, how?
I've never heard of that happening. Signing the I-407 form and going through the interview for it already established that she "voluntarily, willingly and affirmatively" surrendered the card, so I expect it would require some extreme circumstance to overturn that, like somebody kidnapped her child and wouldn't release the child unless she surrendered her green card.
But if you are a US citizen you can file for a new green card for her by redoing the green card process with a fresh I-130 application. That would enable her to get a new card in about 6-12 months.
I've never heard of that happening. Signing the I-407 form and going through the interview for it already established that she "voluntarily, willingly and affirmatively" surrendered the card, so I expect it would require some extreme circumstance to overturn that, like somebody kidnapped her child and wouldn't release the child unless she surrendered her green card.
But if you are a US citizen you can file for a new green card for her by redoing the green card process with a fresh I-130 application. That would enable her to get a new card in about 6-12 months.
Thanks.
I've never heard of that happening. Signing the I-407 form and going through the interview for it already established that she "voluntarily, willingly and affirmatively" surrendered the card, so I expect it would require some extreme circumstance to overturn that, like somebody kidnapped her child and wouldn't release the child unless she surrendered her green card.
But if you are a US citizen you can file for a new green card for her by redoing the green card process with a fresh I-130 application. That would enable her to get a new card in about 6-12 months.
At this point all she has is false claims that I forced her. These thoughts are put in her head by her family who has also threatened me in recent future via emails. When she was interviewed I and all my three kids stood on the side as she spoke with the CO.
Jackolantern
Registered Users (C)
Having already completed the I-407 process, the burden will be on her to prove that she was coerced into surrendering it. And if she's been outside the US for more than a year without a reentry permit, her card would be considered abandoned by default anyway even if she didn't surrender it; at this point the surrendering would only be a formality to make things easier if she wants to visit or live in the US again.
Having already completed the I-407 process, the burden will be on her to prove that she was coerced into surrendering it. And if she's been outside the US for more than a year without a reentry permit, her card would be considered abandoned by default anyway even if she didn't surrender it; at this point the surrendering would only be a formality to make things easier if she wants to visit or live in the US again.
We left USA on Oct 19 and she had decided to abandon her green card before leaving US. She went to embassy within a few days of arriving in her country. In fact I and all our kids stood on her side as she was interviewed for I-407.