AFTER RECEIVING AP AND EAD

[channie14 1]

Hello, my husband and I have applied for AOS and are now waiting to receive my AP and EAD - but we have decided that we would like to live in my home country (Australia), and for this we decided it would be best for me to go back to Australia and work and we would put in his Australia Visa application while he waits in the US for approval and I'm in Australia working - my question is; what happens to my status in the US if I leave after receiving my AP and EAD? Can you come back to the US for your interview? or are there any other options?

[NikLR 13,227]

You can't live in Australia and be a permanent resident of the USA. You can visit, you could probably work, but if you spend more time OUT of the USA than IN it, they can and will take away your green card and permanent resident status.

[channie14 1]

Ok, but when you receive your EAD and AP that doesn't change your status to permanent in the US does it? My status would still be pending until I have my interview wouldn't it? So basically if I leave the US for an extended period of time it would void my status here and if we ever wanted to live back in the US we'd need to start a US visa process again for me?

[NikLR 13,227]

Depends what you mean on extended. It takes a few months for the AP and EAD. You can travel after you get the AP. You will need to come back for the AOS interview. You need that AOS interview to adjust your status to permanent resident. You can't leave after the interview until you receive your green card or else you're abandoning it just like if you left without the AP. After you get your green card you can travel all you want BUT you have to spend more time in the USA than out of it. You will not be a citizen, you will be a legal permanent resident which means residency in the USA. Should your status be revoked because the border officers decide you haven't kept residence in the USA, you would need to apply again, this time doing the spousal visa route (CR1 or IR1 depending on how long you'd been married at the time you POE back into the USA.)

Edited April 9, 2013 by NikiR

[channie14 1]

Ok, gotcha. Thank you for the details, super helpful.

[NikLR 13,227]

No problem. I wouldn't want all the hard work you have done to go to waste!

As long as you are still married in 3 years you can start the process for citizenship. After you are a US citizen you can move in and out of the USA all you want. You two might even decide to move back to Australia so that your soon to be spouse can become a dual citizen as well. Who knows!

[channie14 1]

That's an idea! Excellent, thanks again.