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Jeli

Green card still in process and hubby being moved for work.

By Jeli in Effects of Major Family Changes on Immigration Benefits

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Jeli Rookie

Jeli   0

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Filed: K-1 Visa Country: South Africa
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Hallo

My husband and I got married on the 1st of Feb 2010 and I am still waiting for my greencard. It was transferred to California SC on the 28th of April.

My husband got word yesterday that we will have to move to Australia for work (I don't work). We are not sure for how long we will be there, it all depends on the length of the project.

I did not apply for AP since I didn't expect to be moving so soon.

I have a few questions:

1. The California SC statistics say that my Green Card will only be ready mid September. How can I get over to Australia with my husband while the GC is still in process?

2. How can I make sure that I do not loose my GC status?

3. In the event I do loose my GC status (if we are there too long), can one still file for citizenship based on the fact that you are married to a US citizen?

Thanks!!!

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
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Another alternative thing to consider -

if you don't have any greencard, and go to Australia to live with yer husband (as dependent under his Australia work visa)

then 6 months after you two are 'in country' - and about 4 to 5 months prior to the scheduled 'jump from Australia' date -

he can file new I-130 petition via Direct Consular Filing to the US Embassy/Australia - bypass any USA-paperwork-processing.

Good Luck, however it turns out.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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Brother Hesekiel Mentor

Brother Hesekiel   2,236

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The Green Card is the permission to live and work in the US of A. It also requires you to live in the US of A. If you move to Australia, your Green Card is gone and . . . no, you can't become a US citizen.

At this point, you might as well focus on becoming a resident of Australia instead of the US of A. I always thought the US of A is a big enough country to find a job; I would never have thought of having to move 8000 miles away in order to find work. That's so sad!

Best of luck to you.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Jeli Rookie

Jeli   0

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Filed: K-1 Visa Country: South Africa
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Not by choice... we thought we would be here for some time. My husband works for a big US firm, the biggest construction firm in the US of A, but unfortunately they have many projects abroad and if one wants to keep a job, you do as they say.

The Green Card is the permission to live and work in the US of A. It also requires you to live in the US of A. If you move to Australia, your Green Card is gone and . . . no, you can't become a US citizen.

At this point, you might as well focus on becoming a resident of Australia instead of the US of A. I always thought the US of A is a big enough country to find a job; I would never have thought of having to move 8000 miles away in order to find work. That's so sad!

Best of luck to you.

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Jeli Rookie

Jeli   0

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Filed: K-1 Visa Country: South Africa
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Many thanks Darnell, I will take this into consideration.

My biggest worry now is whether I should wait for my greencard to come through and then apply for a reentry permit . . .

Another alternative thing to consider -

if you don't have any greencard, and go to Australia to live with yer husband (as dependent under his Australia work visa)

then 6 months after you two are 'in country' - and about 4 to 5 months prior to the scheduled 'jump from Australia' date -

he can file new I-130 petition via Direct Consular Filing to the US Embassy/Australia - bypass any USA-paperwork-processing.

Good Luck, however it turns out.

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
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You could wait for the greencard to come through - but - to 'maintain yer greencard' over those 2 years, you'll have to come back to the USA on occassion.

You can also file for the re-entry permit (IIRC, those are good for up to 2 years, as well, once issued).

Good Luck ! (from a fellow 'travel for work' person )

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Jeli Rookie

Jeli   0

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Filed: K-1 Visa Country: South Africa
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Darnell, thanks for the understanding. My husband has worked for this company forever, and unfortunately they send him around. This is how we met, so I am glad for that!

Can I only apply for the re-entry permit once the green card arrives?

Thanks again!

You could wait for the greencard to come through - but - to 'maintain yer greencard' over those 2 years, you'll have to come back to the USA on occassion.

You can also file for the re-entry permit (IIRC, those are good for up to 2 years, as well, once issued).

Good Luck ! (from a fellow 'travel for work' person )

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milimelo Veteran

milimelo   4,481

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Filed: Citizen (apr) Country: Bosnia-Herzegovina
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Not by choice... we thought we would be here for some time. My husband works for a big US firm, the biggest construction firm in the US of A, but unfortunately they have many projects abroad and if one wants to keep a job, you do as they say.

You should check if naturalization under section 319(b) applies to you if your USC spouse will be working abroad for a US firm. Manual M-476 has more info - you can find it on uscis.gov website.

ROC 2009
Naturalization 2010

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