Living in Aus for 1.5 year

[yukfou 0]

Yu and Dan, I appreicate you answering to my previous post, yet I do have another question. Do I have to come back every 6 months to continue the process of my permanent residency here? I am hoping to have the interview before march so I can atleast become a conditional resident. I will be in Ausi for about 1.5 years to finish my masters. How often do I have to come back to U.S so there are no obstacles in recieving my resident card? Thanks again.

[YuAndDan 153]

A few notes, be out of country no more than 6 months, ff longer than that and it will affect your ability to file for citizenship later.

Citizenship requires 18 months physical presence in the USA over 3 years when married to a US Citizen, or 30 months of 5 years if not married.

Periods of time out of country add up, and showing short stays in the USA will affect citizenship applications.

http://www.uscis.gov/files/article/M-476.pdf

From USCIS:

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

Keep in mind, a Green-card is for permanent residence in the USA, it is not a permanent "VISA" that allows you entry to the USA anytime you need to.

If you plan on living in Australia with your US Citizen spouse as a resident why not simply give up the card, and if US Citizen spouse obtains a residency in Australia for 6 months or longer, the your spouse can always file for another "Spousal" IR-1 visa at the consulate in Australia.