Maintaining GC status while abroad

[fer 0]

My (Turkish) husband and I (USC) are waiting for his GC to come through -- AOS1 was on 02/04/08, and EAD approved 03/21. He's currently on H1B, so we didn't apply for AP. We are a little stressed out waiting for his GC because I have a job offer in Australia which is very tempting (with a 5-year contract). They're offering to fly both of us over to check things out over there, but my husband is worried about losing his current job (and losing H1B status), as well as the pending AOS.

I have several questions for those of you more experienced with this:

1. How long can we expect to wait before the interview? Our AOS/I-130 hasn't been touched since 02/27, it's apparently still at the NBC. Our local office is Newark, NJ.

2. How hard would it be to maintain his GC status if we do move to Australia? A web search indicates that not only does he need to come back at least once a year, but he may need to maintain bills and credit cards at a US address -- would it be adequate if we use our parents' address (in Albany, NY) for some of these things? Relatedly, do we need to officially inform USCIS of the address change after he gets his GC?

3. What's involved in the applying for the removal of condition on his GC in two years? How long and for what stages of the application does he need to be back here? What about me? How long can we expect it to take?

4. If his GC is canceled due to either being abroad for too long, or because we didn't remove the condition in time, how hard would it be for him to apply for a GC again, if later on we moved back to the US.

Many thanks in advance for your help!

[Cécy 44]

As far as how long it takes, it's hard to tell, but it's usually around 6 month. Check the timeline for your local office for idea: https://egov.uscis.gov/cris/jsps/ptimes.jsp

How hard is it to maintain status? From what I understand it's difficult. Once you have the GC in hand you have to stay a certain number of time on the US soil every year for it to maintain it's validity. You can obtain a paper from USCIS that allows you to be outside of the country, but I think it's good for 2 years only.

Add to it that if you have been married less than 2 years, you have to lift the conditions for the card 2 years after receiving the GC. You both need to be there for that interview.

If you really want to move to Australia, the best option might be to just give up on AOS for now. And once you are there and ready to move back, try to apply for a CR-1 or Direct Consular Filling.

[john_and_marlene 162]

You can't maintain permanent residence status in the U.S. if you are not a resident of the U.S. If you choose to make your domicile in Australia, then you are not a permanent resident here.

You can apply for a new immigrant visa if you choose to make the U.S. your permanent residence in the future.

[Dan J 277]

You could probably maintain status over 2 years. But 5 years is much more difficult. I'm not even sure its possible.

But even if you have to reapply for a green card in 5 years, you should be able to use the DCF option. You would file with the US embassy in Austrialia and your husband would receive a greencard upon arrival in the US.

[Tom_Jim 40]

My (Turkish) husband and I (USC) are waiting for his GC to come through -- AOS1 was on 02/04/08, and EAD approved 03/21. He's currently on H1B, so we didn't apply for AP. We are a little stressed out waiting for his GC because I have a job offer in Australia which is very tempting (with a 5-year contract). They're offering to fly both of us over to check things out over there, but my husband is worried about losing his current job (and losing H1B status), as well as the pending AOS.

I have several questions for those of you more experienced with this:

1. How long can we expect to wait before the interview? Our AOS/I-130 hasn't been touched since 02/27, it's apparently still at the NBC. Our local office is Newark, NJ. Looking at the processing times from USCIS's website, it appears as of March 15, 2008, they have just finished applications sent in September of 2006! So, there is potential that you will be required to wait awhile.

2. How hard would it be to maintain his GC status if we do move to Australia? A web search indicates that not only does he need to come back at least once a year, but he may need to maintain bills and credit cards at a US address -- would it be adequate if we use our parents' address (in Albany, NY) for some of these things? Relatedly, do we need to officially inform USCIS of the address change after he gets his GC? I don't know the answer to your "credit card" and "bills" issue, since I don't really know. But, as for moving overseas with your spouse as a conditional GC holder. You fill up a re-entry form prior to your departure -- and I do believe, you need to send a change of address form for the USCIS.

3. What's involved in the applying for the removal of condition on his GC in two years? How long and for what stages of the application does he need to be back here? What about me? How long can we expect it to take? Refer to this [http://www.visajourney.com/forums/index.php?showtopic=310] post relating to removing conditions on your GC.

4. If his GC is canceled due to either being abroad for too long, or because we didn't remove the condition in time, how hard would it be for him to apply for a GC again, if later on we moved back to the US. From what I understand, if in this case, you fail to remove conditions and live more than a year outside of the USA, the GC holder could be barred from entry. And, the INA says, that if you don't remove conditions prior to the 2 year mark, you're permenent residency is automatically revoked, and if you are in the USA, they will file removal proceedings. I would imagine, if you were overseas, you wouldn't be allowed back in.

Many thanks in advance for your help!

Edited April 8, 2008 by latoslatos

[YuAndDan 153]

1) Use processing times for your field office: https://egov.uscis.gov/cris/jsps/officeProc...lectedOffice=48

2) USA Green-Card is for permanent residency in the USA, not Australia.

Maintaining Permanent Residence

You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.

• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Fail to file income tax returns while living outside of the US for any period.

• Declare yourself a “nonimmigrant” on your tax returns.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

3)

http://www.visajourney.com/forums/index.ph...p;page=751guide

http://www.visajourney.com/faq/k1k2visa-re...conditions.html

4) You will be applying for another spousal visa.

[Earmuffs 1]

what was the point of your husband even coming the america?

seems like a waist of money.

[fer 0]

what was the point of your husband even coming the america?

To make me the happiest girl on this planet, of course! No, actually, he came for work, we met later.

seems like a waist of money.

Hah, I'm starting to feel like it was a bit of a waste of time and money as well!

But it happened like this:

We met here a year and half ago in NYC, where he's been working on a H1B visa, and where I had a temporary researcher position in a university. We married late last year in anticipation of relocation. I applied to 30 places, and wasn't even serious about the Australia job, but now it's looking like Australia might be the only one to make me an offer. In science academia, jobs are scarce, you go where the jobs are, even if it's on the other side of the planet (which happens to be my case)!

If we had known we were going to Australia, we probably wouldn't have bothered with any of this AOS/EAD business. But waiting until my job search situation settled would mean that we would have to file change of address mid-way through his AOS/EAD application, and we didn't want that. Honestly, even three months ago we had no idea Australia could be a serious option.

On the other hand, it's a little scary moving so far away, 10,000's of miles away from our family and friends. What if we hate it over there and decide to come back in a couple of years?

[carpe diem 2]

Congrats on your job Feraina, and great that your husband is going to follow you to the other end of the world!

[fer 0]

Congrats on your job Feraina, and great that your husband is going to follow you to the other end of the world!

Thanks! I know I'm really lucky.

And thanks to all of you who gave advice. I feel much more at ease about the future knowing that there's the option of DCF! (Although how crazy is it that you have to go file in Sydney in person even if you live in Queensland, and return again a month later for the interview? I guess this is what happens when you have only 20 million people living on a whole continent!)

[Jen&Aaron 0]

Good luck ... I don't think you'll hate Australia, although I'm probably biased (I miss my home country!).

It is crazy that anything immigration related has to be done at the US consulate in Sydney. I had to fly up there from Melbourne for my K1 interview, despite there being a US consulate in Melbourne and the US embassy in Canberra which is closer. Don't know why that is!

Hope you enjoy yourself!

Congrats on your job Feraina, and great that your husband is going to follow you to the other end of the world!

Thanks! I know I'm really lucky.

And thanks to all of you who gave advice. I feel much more at ease about the future knowing that there's the option of DCF! (Although how crazy is it that you have to go file in Sydney in person even if you live in Queensland, and return again a month later for the interview? I guess this is what happens when you have only 20 million people living on a whole continent!)

[pushbrk 12,881]

You can't maintain permanent residence status in the U.S. if you are not a resident of the U.S. If you choose to make your domicile in Australia, then you are not a permanent resident here.

You can apply for a new immigrant visa if you choose to make the U.S. your permanent residence in the future.

This is technically correct. I recently spoke to a CBP director at a nearby POE, who told me in no uncertain terms that returning to the US once a year, even for a few months would not be sufficient to qualify my wife for continued permanent resident status. Visiting abroad, even for extended times is ok but "resident" has meaning, as does "permanent". He even discouraged maintaining dual residences.

At the same time, whether to question such things is subjective and discretionary, so it could be possible to manage such an arrangement for several years. This CBP director was aware my wife's permanent resident status is not conditional. I suspect they would be more likely to question such a circumstance when the status is conditional.

Since we do have plans to begin spending half or more of our time in China begining as soon as two and a half years from the date she was granted LPR status, we're seriously considering her eventual US Citizenship.

[orangeandwhite 0]

My (Turkish) husband and I (USC) are waiting for his GC to come through -- AOS1 was on 02/04/08, and EAD approved 03/21. He's currently on H1B, so we didn't apply for AP. We are a little stressed out waiting for his GC because I have a job offer in Australia which is very tempting (with a 5-year contract).

Is it a US company sending you over to Australia?

If so, you may be able to resolve this by having your spouse apply for "expeditious naturalization" and file N400 right after getting approved in AOS. You can do this (and skip the 3-year LPR period) if you have been sent abroad to develop US foreign trade and commerce.

http://tokyo.usembassy.gov/e/acs/tacs-exped.html

For this to work it has to be the USC sent abroad, you have to be working for a US firm, and they have to say that you've been sent abroad to develop foreign trade and commerce.

[fer 0]

Is it a US company sending you over to Australia?

A nice thought! Unfortunately it doesn't apply to us. Ergh. Too bad, my husband could continue to work for the U.S. company in international trade & commerce, but not myself.