Leaving the US with a 2 Year GC

[William2011 1]

Hello all,

I hope I am posting this is in a somewhat correct fourm here. My wife will hopefully be recieving her 2 year Green Card hopefully the first part of next year. The problem that I am facing is that I might be offered a inter company transfer to Australia sometime in the next year or two. If we leave the US with this 2 year card to live and work in a foriegn country, How bad is it for her to return to the US to live or even to visit? Would waiting for the 10 year card make it any easier? I understand that waiting for her to become a US citizen would simply be the best bet since she can keep dual citizenship between the US and Philippines. (On a side note how cool is that? Even chilidren can keep both and dont have to choose at 18!) This is going to be a tough choice since a chance at a good job close to both our relatives would be hard to turn down. Any advice or experience is something like this would be good.

[Boiler 45,532]

It makes no difference, either way she would be abandoning her PR status and would need a Visitor Visa to visit or an immigrant visa to immigrate.

There are a couple of exceptions which would depend on your job.

[Anh map 2,098]

Make the best decision for your life together. If a career brings you both back to the US simply petition for a spouse visa in advance of the move.

[natalieblake 0]

is their a loophole where if she visits the usa x amount of times during the year it stays active? how will you be paid if you relocate? for example, i was an expat in singapore for two years but i was still paid into my us bank account. i exempted my taxes but still filed every year and now that i am back, it doesn't look like i ever left because i was still paid here. i changed my mailing address to my parents while i was away but as you know, most everything can be done online so paying bills, transferring money, etc. was not a problem. if you do have this, i do suggest you add a local family member to your account because i got my purse stolen in hong kong once and having someone with access to your account will help!

i don't know but i feel like there has to be a way. how would it be different if she got her greencard and didn't choose to work in the us? if you are a true expat in australia and still paid into your us account, you can still file a married the same as if you were here and she was not working. i am no accountant, no lawyer, and these are just merely my thoughts and probably not the best but just trying to think outside the box!

[Dave&Roza 748]

is their a loophole where if she visits the usa x amount of times during the year it stays active? how will you be paid if you relocate? for example, i was an expat in singapore for two years but i was still paid into my us bank account. i exempted my taxes but still filed every year and now that i am back, it doesn't look like i ever left because i was still paid here. i changed my mailing address to my parents while i was away but as you know, most everything can be done online so paying bills, transferring money, etc. was not a problem. if you do have this, i do suggest you add a local family member to your account because i got my purse stolen in hong kong once and having someone with access to your account will help!

i don't know but i feel like there has to be a way. how would it be different if she got her greencard and didn't choose to work in the us? if you are a true expat in australia and still paid into your us account, you can still file a married the same as if you were here and she was not working. i am no accountant, no lawyer, and these are just merely my thoughts and probably not the best but just trying to think outside the box!

There is no loophole. As a LPR she must maintain her residency in the US or it is abandoned. Filing taxes is one way to maintain that residency. The other is physical presence. You must be in the US more than a foriegn country or CBP will see the time outside the US and not let you enter unless you have a re-entry permit. Before leaving you can file for a re-entry permit, I-131, that will allow her to remain outside the US for up to 2 years without abandoning her LPR status. If your job requires a period of more than 2 years then she will need a returning resident visa or just abandon her LPR status and then file for a spousal visa as mentioned above. I too would not let the immigration process affect this decision. Make the decision based on what is best for you and your wife with the knowledge of the immigration ramification and what will be required if you both want to return to the US at some point.

I wish you well,

Dave