Applying for ROC from Australia after being away 7 months

[ChelseaPresutti 7]

Hi! I appreciate any advice on this topic. My husband (US Citizen) and I (AU Citizen) returned back to Australia for a visit but we have decided to go to school here rather than back in the U.S for monetary reasons and so our children can spend time with their Australian family. I will send in the 751 form and additional info as we do want to return in approx 2 yrs. So we would be out of the U.S for approx 2.5yrs.

Is this possible or have i already abandoned my U.S rights?

Can I start the immigration process over again and is it just a matter of proving our relationship again or because I have been approved once you can't get approved a second time?

If we don't send in the 751 packet due to the uncertainty of how long we will be gone exactly do I contact USCIS and tell them our situation?

Can I visit our U.S family while I'm studying here in AUS?

Thanks so much for any advice.

[Penguin_ie 5,997]

You cannot remove conditions from outside the country, you'd need to return. At this point, you still could return, but would need to show you are ordinarily resident in the USA. If you stay out longer than a year, you abandon your greencard. As you plan on being in Australia for almost three years from beginning to end, you are better off getting another spousal visa when you are ready to return. It won;t be more difficult or easier than last time, and will cost the same, and be the same process.

[ChelseaPresutti 7]

You cannot remove conditions from outside the country, you'd need to return. At this point, you still could return, but would need to show you are ordinarily resident in the USA. If you stay out longer than a year, you abandon your greencard. As you plan on being in Australia for almost three years from beginning to end, you are better off getting another spousal visa when you are ready to return. It won;t be more difficult or easier than last time, and will cost the same, and be the same process.

Thanks Queen Penguin, so during those 3 years i can visit as a non immigrant as i did before I was granted my partner provisional visa?

[Penguin_ie 5,997]

You should be able to, once you formally hand back your temporary greencard.