Withdrawing N-400 application

A

almoniyot

New Member
I am a US citizen residing in the US and my wife currently has a green card. She recently filed a N-400 application for naturalization. We have since decided that because we intend to reside abroad permanently, she should withdrawal her application.

What procedures do we need to follow to withdrawal her N-400 application? If we withdrawal her N-400 application does she automatically lose her Green Card? I ask this because we are planning on leaving the US in August but the USCIS has already scheduled an interview for her next month.

Thank you.
 
I don't think there is a specific process to withdraw a naturalization process. From what I've understood, if you simply don't show up for appointments (i.e. fingerprints, interview), they consider your application as abandoned, at least that's what the fingerprint notice that I received last month stated.

Otherwise, a wild guess would be that a simple phone call or letter to USCIS does the trick. She won't lose her green card as a result of her withdrawal but she is likely to lose it at a later time--when USCIS realizes that she no longer lives and works in the US. But then again, if she is married to a US citizen things might be different. Maybe someone else can chime in and give you more pieces of advice or share their experience in that area.


On another note, don't you think it will be better to go through with it and then leave the US? I mean you never know what may happen, even if you decide to live abroad permanently, how can you know what your state of mind will be in 5 or 10 years? Maybe you guys would want to come back, I personally would go through with it, just for the peace of mind. In addition, if you leave in August, and the interview is scheduled next month, that gives her plenty of time to become a US citizen, apply for a passport, receive it and then leave.
 
Exactly, if you guys have gone throgh paying and doing all that stuff, why would you not go through it. An american citizenship, even when you do not live in the country is still a treasure. So i will say let her go ahead and get her Citizenship and then leave. You never know, you guys might change your mind and decide to come back or things do happen.
Good luck.
 
almoniyot said:
I am a US citizen residing in the US and my wife currently has a green card. She recently filed a N-400 application for naturalization. We have since decided that because we intend to reside abroad permanently, she should withdrawal her application.

What procedures do we need to follow to withdrawal her N-400 application? If we withdrawal her N-400 application does she automatically lose her Green Card? I ask this because we are planning on leaving the US in August but the USCIS has already scheduled an interview for her next month.

Thank you.
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I would agree with the above two posts. Since your wife's interview is scheduled for next month, I would advise you and your wife to think about it carefully right till the interview date (or even the oath date). If you decide not to go ahead with US Citizenship for your wife, then just dont show up for the interview or oath, and the USCIS will consider the case as abandoned.

I do not think that you will get your fees refunded if you decide to withdraw the application, so why unnecessarily close the N400 door hastily and then regret your decision. So think of the pros and cons of each option right up to the interview date, and then take an educated desicion on whether to show up for the interview or oath.
 
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Well, OP is already a US citizen. If they want to come back to the US, should not be a problem to get another greencard for his wife..

US citizens and greencard holders are subject to US tax on their worldwide income. If the wife makes decent money and they're moving to a lower tax jurisdiction (say, Hong Kong), it may be financially worth it for her to abandon her citizenship application and give back her greencard.
 
Tax reporting systems in most countries is nothing like the US. 70% of countries, you just go to the clerk, fill a form and sign it with what ever you wish your claims and income are, so that part benefits both ways. I just do not see any reason why someone would abandon a citizenship application, except there are consequences that the OP is not reavealing, and in that case we non of us can give give them the best of advice.
 
how abt getting citizenship and leaving?

Hi,

If her interview is already set, rather than having her abandon the GC and going through all the hassle of applying for GC for her again etc(should you decide to come back in the future)..why dont you go through the interview, take citizenship and then leave?

Since you mentioned you are planning on leaving in August, I think you have plenty of time.(Well unless you have other reasons for her not to take citizenship).

If you have made up the mind then as someone suggested do not appear for the interview, they will consider this case abandoned.

just my 2cents.
 
motivations

sh1996 has the idea. While the US is a great country, it unfortunately is one of the only countries that taxes its citizens on income earned while residing overseas.
 
If she break's the residency rules, she will loose her greencard. But I guess since you are a citizen, she can always get a new one? But if something were to happen to you, then she won't be able to-I think-not sure on the rules on that.. A lot of other factors involved..
 
If you go ahead and move outside the US permanently without her obtaining citizenship, she should officially surrender her green card at a consulate using the I-407 process, in order to avoid problems if/when she tries to visit the US in the future (of course, if she's not from a visa waiver country she may have to obtain a visa, but that can be applied for at the same visit to the consulate).
 
almoniyot said:
sh1996 has the idea. While the US is a great country, it unfortunately is one of the only countries that taxes its citizens on income earned while residing overseas.
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If that's your reason, then yeah go ahead and withdraw your application then. Again, a no-show at interviews is enough for them to consider the case abandoned. You won't have to do anything else. Hope that helps....
 
almoniyot said:
sh1996 has the idea. While the US is a great country, it unfortunately is one of the only countries that taxes its citizens on income earned while residing overseas.
Click to expand...

Careful. Giving up the green card does not get you off the hook with the IRS, as you may (under certain circumstances) still owe taxes for 10 years after abandoning your green card. See IRS form 8854 for details and whether this may apply to your situation. http://www.irs.gov/instructions/i8854/ch01.html
 
sh1996 said:
Well, OP is already a US citizen. If they want to come back to the US, should not be a problem to get another greencard for his wife..

US citizens and greencard holders are subject to US tax on their worldwide income. If the wife makes decent money and they're moving to a lower tax jurisdiction (say, Hong Kong), it may be financially worth it for her to abandon her citizenship application and give back her greencard.
Click to expand...

HK actually is not that bad because the housing exclusion is huge (over $100k).
But countries like Russia or the UAE could kill your tax return.
 
almoniyot said:
sh1996 has the idea. While the US is a great country, it unfortunately is one of the only countries that taxes its citizens on income earned while residing overseas.
Click to expand...

LOl... it seems like you already had your reason or motive for leaving the US. If that is ultimate, then you really should not worry about your wifes GC and Citizenship application, because you are not comming back anyways.
We were just suggesting that.."LIFE IS A VERY COMPLICATED THING, SOME DAYS IT SEEMS THAT ALL IS CERTAIN AND THEN SOMETHING HAPENS AND WE NEED PLAN B"

So we just adviced that you go ahead and get it done with, before leaving. But if its set on stone that you are never coming back to the states, then by all means do as you please.
GOoodluck.
 
godisgoodtome said:
LOl... it seems like you already had your reason or motive for leaving the US. If that is ultimate, then you really should not worry about your wifes GC and Citizenship application, because you are not comming back anyways.
We were just suggesting that.."LIFE IS A VERY COMPLICATED THING, SOME DAYS IT SEEMS THAT ALL IS CERTAIN AND THEN SOMETHING HAPENS AND WE NEED PLAN B"

So we just adviced that you go ahead and get it done with, before leaving. But if its set on stone that you are never coming back to the states, then by all means do as you please.
GOoodluck.
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I couldn't agree more.
 
godisgoodtome said:
LOl... it seems like you already had your reason or motive for leaving the US. If that is ultimate, then you really should not worry about your wifes GC and Citizenship application, because you are not comming back anyways.
We were just suggesting that.."LIFE IS A VERY COMPLICATED THING, SOME DAYS IT SEEMS THAT ALL IS CERTAIN AND THEN SOMETHING HAPENS AND WE NEED PLAN B"

So we just adviced that you go ahead and get it done with, before leaving. But if its set on stone that you are never coming back to the states, then by all means do as you please.
GOoodluck.
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Not all permanent resident are subject to taxation even after they surrender their green card (given that they reside abroad, of course).
If that is the case, then the OP's wife is doing nothing wrong.
 
Permanent residents are not subject to the post-surrender taxation if they have been a permanent resident for less than 8 of the past 15 years (but note that they count a single day in a calendar year as a whole year).
 
sarrebal said:
Not all permanent resident are subject to taxation even after they surrender their green card (given that they reside abroad, of course).
If that is the case, then the OP's wife is doing nothing wrong.
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I don't think that's the point that Godisgoodtome is trying to make.
 
How long one can keep oath letter valid while delaying oath as long as possible?

If there is no limit, one can get oath letter and delay oath
for 20 years
 
You can only request a delay so many times and so far out before they deny your case. I would suspect it's within 1 year period.
 
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