Surrendering greencard???

[Bubble3 0]

I am Australian (129-F arrival), my husband American.

We live in America currently and I am on a conditional Greencard until August 2011, since my AOS approval after our marriage in 2009.

My husband has been offered a job in Australia (of all places). The job offer is very good. The only thing is that its for a FEB 1st 2011 start date. This means that I will still be on my conditional greencard.

I do not want to stay in the USA until August 2011 without my husband, but if possible I would like to somehow keep my Greencard, so if and when we come back to America, I dont have to go through the whole GC process again (not to mention the financial costs!).

besides surrendering my greencard,do i have any other options?

[Justine+David 218]

If you are in Australia for >6 months, you can apply for DCF (direct consular filing) which is generally MUCH quicker than a CR1 visa; many consulates are about 3-4 months and the plus side is that you get to stay with hubby Check out the DCF forum and do some poking around on the timelines for Aussie DCFs--I don't know their approximate times.

Good luck!

p.s. since you'll be married >2 years by then, you'll get the 10 year card right away.

Edited September 1, 2010 by Justine+David

[Bubble3 0]

If you are in Australia for >6 months, you can apply for DCF (direct consular filing) which is generally MUCH quicker than a CR1 visa; many consulates are about 3-4 months and the plus side is that you get to stay with hubby Check out the DCF forum and do some poking around on the timelines for Aussie DCFs--I don't know their approximate times.

Good luck!

p.s. since you'll be married >2 years by then, you'll get the 10 year card right away.

Hi Justine and David,

sorry i need to clarify some things and then im going to ask if the information you gave me is still correct.

1. I am the Australian (129F, now AOS, Condtional GC).

2. My husband is the American AND he is the one who has been offered a 2 YEAR work contract in Australia, which would begin Feb 1st 2011 (5 months before my 10 year GC application).

3. My 2 year conditional greencard will expire in July/August 2011.

And now some additional questions:

1. In the event that we leave the US in Feb '11, what do I do about m GC? Do i just let it expire (ie: dont apply for my 10 year card?)

2. In the event that we come back in the future, what do i do to 'resume' my GC...if this is at all possible?

THANK YOU THANK YOU!!!

[Bubble3 0]

Hi Justine and David,

sorry i need to clarify some things and then im going to ask if the information you gave me is still correct.

1. I am the Australian (129F, now AOS, Condtional GC).

2. My husband is the American AND he is the one who has been offered a 2 YEAR work contract in Australia, which would begin Feb 1st 2011 (5 months before my 10 year GC application).

3. My 2 year conditional greencard will expire in July/August 2011.

And now some additional questions:

1. In the event that we leave the US in Feb '11, what do I do about m GC? Do i just let it expire (ie: dont apply for my 10 year card?)

2. In the event that we come back in the future, what do i do to 'resume' my GC...if this is at all possible?

THANK YOU THANK YOU!!!

AND ONE MORE CLARIFICATION (after reading though the guides),

am i correct in reading that Direct Consular Filing (DCF), is what my Husband would file on behalf for me, whilst living in Australia, to resume my GC status in the event that we return to the USA.

Do I need to let US immigration know that we are leaving the USA for 2 years...ie; surrendering my greencard rather than letting it 'expire'.

[Deputy Purple 1,294]

Surrender your Greencard when you move back to Australia. There have been VJers who just "let it expire" and had trouble returning because they were deported in absentia when they failed to apply for ROC but USCIS had to record of them leaving.

Then find out how long DCF takes in Australia (probably less than 6 months) and have your husband file DCF for you early enough that you'll get your new IR-1 Visa a month or two before his contract expires.

This would be the easiest route for you.

[Bubble3 0]

Surrender your Greencard when you move back to Australia. There have been VJers who just "let it expire" and had trouble returning because they were deported in absentia when they failed to apply for ROC but USCIS had to record of them leaving.

Then find out how long DCF takes in Australia (probably less than 6 months) and have your husband file DCF for you early enough that you'll get your new IR-1 Visa a month or two before his contract expires.

This would be the easiest route for you.

THANK YOU, thats exactly what i needed to hear. much appreciated.

also if my husbands australian contract is renewed after the intitial 2 year contract, how do i notify uscis of the changes?

[Harpa Timsah 13,258]

Hi Justine and David,

sorry i need to clarify some things and then im going to ask if the information you gave me is still correct.

1. I am the Australian (129F, now AOS, Condtional GC).

2. My husband is the American AND he is the one who has been offered a 2 YEAR work contract in Australia, which would begin Feb 1st 2011 (5 months before my 10 year GC application).

3. My 2 year conditional greencard will expire in July/August 2011.

And now some additional questions:

1. In the event that we leave the US in Feb '11, what do I do about m GC? Do i just let it expire (ie: dont apply for my 10 year card?)

2. In the event that we come back in the future, what do i do to 'resume' my GC...if this is at all possible?

THANK YOU THANK YOU!!!

I disagree. I think you can keep your GC, if the following conditions are met.

Your husband has a 2 year contract. You apply for a reentry permit before you leave for the 2 years. This gives you the ability to stay in status for those 2 years you are away.

You file for ROC as scheduled from Australia. You do not have to be physically present in the country to file. You are required to travel back to the US for fingerprints and possibly your interview. (I have read the law on this because we might move for 2 years too).

Then, if you come back you still have your GC. Now, my method also costs way much more with the flights for the fingerprints, but it's still an option.

If you decided to not come back after the 2 years, then I suppose you'd surrender your GC then and do DCF later.

Good luck!

Edit: Is this a US company with offices in Australia? If so, there is also a way to apply to maintain your residency that way.

Edited September 1, 2010 by Harpa Timsah

[Welshcookie 17]

THANK YOU, thats exactly what i needed to hear. much appreciated.

also if my husbands australian contract is renewed after the intitial 2 year contract, how do i notify uscis of the changes?

Once you have surrended your greencard, you need not have any more contact with uscis until you guys are ready to go back to the US and file DCF, if you are in the process of DCF and your husband renews a contract, you just cancel and lose any money you have already paid. Hopefully any contract renewal will be offered before you start DCF. As you will have been married for 2 years or more on your return to the US you will be issued an unconditional 10yr greencard on your arrival.

The important thing is to surrender your greencard when you leave, so they are aware that you have left the country.

[Welshcookie 17]

Here is some info on re-entry permits if you wish to go that route http://faq.visapro.com/Reentry-Permit-FAQ4.asp#Q11

Indeed look into your husbands contract, some government contracts will allow you to keep your status if you leave due to your husbands work

[Stann 3]

Hi Bubble,

I did the same thing - we moved back to the UK before my 2 year GC had expired (original visa was K1), I turned my 2 year GC into the US embassy in London as I wanted to follow the rules and knew that one day I would be returning to the US. When time came to return to the US we did DCF through London and I had no problems from the previous process as I had followed the rules and turned my 2 year GC in. We did DCF and it took 5 months and I now have my 10 year GC as we have been married 6 years.

There is no way for you to 'resume' you GC when you move back you just have to turn your GC in (which is essentially abandoning your residency) and then go through DCF in Australia when you are ready to return, It is best to do it this way as you are following the rules and it will be better for you when you try and come back to the US. I mailed the 2 year GC to the US embassy in London with an explanation and they mailed me back a form to keep. You MUST take this form with you if you visit the US as a tourist in case anything flags up when you enter the country. This happened to me once when we came to visit the hubbys relatives and they asked me a few questions but again because i had turned the card in and had the correct paperwork there was no problem.

Hope that helps

Stacey

[Bubble3 0]

Hi Bubble,

I did the same thing - we moved back to the UK before my 2 year GC had expired (original visa was K1), I turned my 2 year GC into the US embassy in London as I wanted to follow the rules and knew that one day I would be returning to the US. When time came to return to the US we did DCF through London and I had no problems from the previous process as I had followed the rules and turned my 2 year GC in. We did DCF and it took 5 months and I now have my 10 year GC as we have been married 6 years.

There is no way for you to 'resume' you GC when you move back you just have to turn your GC in (which is essentially abandoning your residency) and then go through DCF in Australia when you are ready to return, It is best to do it this way as you are following the rules and it will be better for you when you try and come back to the US. I mailed the 2 year GC to the US embassy in London with an explanation and they mailed me back a form to keep. You MUST take this form with you if you visit the US as a tourist in case anything flags up when you enter the country. This happened to me once when we came to visit the hubbys relatives and they asked me a few questions but again because i had turned the card in and had the correct paperwork there was no problem.

Hope that helps

Stacey

Hey Stacey,

Thank you so much! You know, besides the VJ forum, there is very little information about what to do in the instance that you have a GC and you wish to 'follow the rules and surrender it".... the response I got from USCIS is "why would you want to give up your GC"...

ANYWAY,

Thank, between you and fellow VJ'ers I know feel like I have the correct information!

Very much appreciated!

Best, A.