Moving out of US for work before wife's AOS complete

[serpico1 0]

My wife's AOS application is pending name check but I just got a job outside of the US. I would like to take it, but am concerned about the effect my/our moving abroad would have on the AOS application. We are considering having me relocate first with her joining me after she gets her AP or greencard. If I leave the country, I figure that I would have to report that to USCIS and I am concerned that it would be viewed poorly in regards to our application. Worse, if she comes with me on an AP, would USCIS consider that an abandoning of the application? I guess the way around this is to maintain a US mailing address. This would be easy to do, but I don't want to get in trouble for not actually living there. What should we do?

[dmartmar 1]

What's more important: your job or your wife?

[Reba 2]

what's more important, getting your wife a green card, or living together somewhere?

If she leaves the country for an extended period of time, even if she has AP, they will consider that she's abandoned her application to adjust. If you wait until she's got her green card, and if she lives outside the US for an extended period of time, they will revoke her green card. You kinda have to live in the US as a resident to keep your residency.

If you intend to live in whatever country it is where you've been offered a job, why would she need a green card? More likely she'll need a visa to go live whereever it is you're going.

[serpico1 0]

what's more important, getting your wife a green card, or living together somewhere?

That is really the question I guess. The problem is that we would want to come back to the US eventually and since we have gone through all of the AOS process besides the name check, it would be a pity to have to start over. We just figure that spending a couple of months apart is worth avoiding the hassle of getting another visa and reapplying for AOS.

[Dr_LHA 3]

The fact is that if you both move to another country, your wife will lose her Green Card anyway. The purpose of a Green Card is to allow someone to live in the USA permenantly. Its not meant to be a permenant re-entry visa. As such if USCIS determines that your wife no longer resides in the USA they can take her green card away.

[anya-D 8]

How long would u have to work there? perminently? just curious... coz if not then your wife can get the greencard then comes and go visit you for a short period of time (ie 3 months?) Just my opinion..

[meauxna 15]

You need more information about the nature of you job and employer--PR status can be protected while overseas in some situations.

How long you plan on being gone is another factor.

Basically, you don't have enough info here to even say what will happen.

[serpico1 0]

You need more information about the nature of you job and employer--PR status can be protected while overseas in some situations.

How long you plan on being gone is another factor.

Basically, you don't have enough info here to even say what will happen.

It is a full time job with a private sector company on an indefinite contract (ie not temporary). We do plan on eventually coming back to the US, but that would be at least one or two years down the road. Couldn't she just keep her greencard by making a few trips back to the US each year? This might not in line with the spirit of the law, but it seems to conform with the rules.

[Dr_LHA 3]

Note that the 6 month out of the USA period isn't the only reason USCIS needs to revoke a green card. If they determine that your wife has moved abroad, they can cancel the green card straight away.

[Yodrak 7]

serpico,

So far so good, except that "a few trips back to the US each year" does not, on it's own, show that one still has a permanent residence in the USA that they do not intend to abandon.

Have a consultation with an immigration attorney who has experience with abandonment of status issues to discuss the specific facts of your situation and get advice on things that might be done to maintain status given your facts. Abandonment of status is a highly fact-specific issue.

Yodrak

You need more information about the nature of you job and employer--PR status can be protected while overseas in some situations.

How long you plan on being gone is another factor.

Basically, you don't have enough info here to even say what will happen.

It is a full time job with a private sector company on an indefinite contract (ie not temporary). We do plan on eventually coming back to the US, but that would be at least one or two years down the road. Couldn't she just keep her greencard by making a few trips back to the US each year? This might not in line with the spirit of the law, but it seems to conform with the rules.