Need some help on my situation... Please!!

[OzzieO 0]

Hello!

I am a green card holder and lived in US for 9 years until July 2013. We moved to Australia for what we thought was permanent. Well some things have changed and we are heading back, but can't until Jan 2015. Here are my questions.

I've been out of the US for 7 months almost, so my green card is still active. We kept 2 houses in the US and all bank accounts.

I can't make it back before one year, but then my husband needs to be back in jan in order to start work before his qualifications are impacted.

We have 3 kids born in USA so we can't be apart.

How should we lodge? I believe I have to start the process again? I also believe they are taking a year almost here in Australia... Even K-3 are taking a long time so almost pointless applying for that.

Next, my husband obviously isn't earning US income until we move back. We do have substantial savings we could prove (like 70k plus), would that be sufficient?

Should I apply for the visa now? Can I submit both I130 and the next appln together?

Can I enter US on a tourist visa in 2015 and then submit application? Would I get denied?

what's the best way to do this without keeping us apart for the kids sake and to be able to make it back in the new year?

We have been married 8 years with 3 kids. We are a straight forward case, nothing too weird. Just the fact that I still have a current green card, but can't make it back before a year.

Also as I understand, I'm not eligible for the return resident as we moved permanently to Australia with intentions of staying...correct?

Thanks for any help!

[Penguin_ie 5,993]

You can hand your greencard back at the US embassy, and then immediately apply for another spousal visa if that is what you want to do. You are not elligible for a SB-1 returning resident because you planned to stay in Australia, as you said. However.... are you SURE you cannot go back to the USA before January 2015, not even for a few weeks? Because if you could manage that, you could apply for a 2 year re-entry permit. Easier and much cheaper than a new spousal visa.

If you have three kids, your household is 5, and the $70'000 is not enough, as you need three times as much as the 125% poverty line. Do you have a friend or family member in the USA who can co-sponsor? If not, the only other option would be for your husband to move ahead, and send you paystubs from a US based job in time for the interview.

Using a tourist visa to enter the USA with intent to stay is visa fraud. it can lead to a lifetime ban, don't risk it.

[OzzieO 0]

Also, could I fly to Hawaii before my year is up for a week and then fly back to Australia until our move to the Mainland in January without triggering a problem upon entering?

[OzzieO 0]

So going back might be an option, a difficult one, though.

How long would I need to be back there for the re-entry permit?

Would they approve me for it having been out of the country for over 6 months?

Thanks for any advice.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[OzzieO 0]

Anybody else?

[Penguin_ie 5,993]

Also, could I fly to Hawaii before my year is up for a week and then fly back to Australia until our move to the Mainland in January without triggering a problem upon entering?

That may work- if you continued to do that, they would deny you but most of the time, doing it once works. No guarantees though, depends on the immigration officer you get at the airport.

Not sure how long a re-entry permit takes, maybe do an Advance Search in the TRaveling During US Immigration forum and see if you can find any experiences.

[Boiler 45,525]

I would suggest a consultation with an Immigration Lawyer well versed in Abandonment, somebody who has tried a few.

The only comments I have seen on this subject on this board have been simplistic and most likely wrong.

[Boggy1974 124]

I would suggest a consultation with an Immigration Lawyer well versed in Abandonment, somebody who has tried a few.

The only comments I have seen on this subject on this board have been simplistic and most likely wrong.

I agree with this assessment.