returning to country of origin

[asew50 1]

I was successful and came to America on my cr1 visa and now have my green card and social security number.

 

i have been working and living in America now for 6 months.

 

my question is am I allowed to return to Australia to live and work with my spouse before I file for adjustment of status or do I have to stay in America intill that time?

[geowrian 22,337]

If you came on a CR-1, then you don't need to file for AOS. You only need to file for ROC (at the appropriate time...2 years minus 90 days).

 

Yes, you may travel outside the US. However, if you are going to be outside the US for an extended duration (generally > 6 months), then you should file for a re-entry permit. This will allow you to leave for up to 2 years without abandoning your LPR status. That said, you said "live and work", which implies that you don't intend to remain a legal permanent resident (LPR) of the US. LPR status (i.e. a green card holder) needs to maintain permanent residence within the US. Failure to do so will result in an abandonment of your LPR status. The re-entry permit lets you leave for up to 2 years, but is not for the purpose of changing your permanent residence outside the US. Frequent or extended trips outside of the US may cause CBP to question your residence, and may prevent re-entry.

Edited February 15, 2017 by geowrian

[asew50 1]

4 hours ago, geowrian said:

If you came on a CR-1, then you don't need to file for AOS. You only need to file for ROC (at the appropriate time...2 years minus 90 days).

 

Yes, you may travel outside the US. However, if you are going to be outside the US for an extended duration (generally > 6 months), then you should file for a re-entry permit. This will allow you to leave for up to 2 years without abandoning your LPR status. That said, you said "live and work", which implies that you don't intend to remain a legal permanent resident (LPR) of the US. LPR status (i.e. a green card holder) needs to maintain permanent residence within the US. Failure to do so will result in an abandonment of your LPR status. The re-entry permit lets you leave for up to 2 years, but is not for the purpose of changing your permanent residence outside the US. Frequent or extended trips outside of the US may cause CBP to question your residence, and may prevent re-entry.

sorry I should have clarified.

 

i was planning on travelling home to live and work for a couple years then come back to America to live and work for a couple years.

 

its too expensive to travel back and forth any more frequently and I miss my home.

 

so all I'll need if I'm gone for under two years is Re entry  permit?

 

 

Edited February 15, 2017 by asew50

[geowrian 22,337]

8 minutes ago, asew50 said:

sorry I should have clarified.

 

i was planning on travelling home to live and work for a couple years then come back to America to live and work for a couple years.

 

its too expensive to travel back and forth any more frequently and I miss my home.

 

so all I'll need if I'm gone for under two years is Re entry  permit?

 

 

Thanks for the clarification.

 

Correct. That said, once you return (using the re-entry permit), you should probably stay in the country for a while. This will help establish that your residence is still within the US (for when you want to eventually leave the US again). Best wishes.

[NikLR 13,227]

Be aware that if you have a CR1 green card, you need to remove the conditions of the card at just before the 2 year anniversary of being an LPR.  I am assuming you had questions regarding this due ro the location you posted?

 

Also for the re-entry permit to work for you, you must maintain your residence in the USA.  That includes continuing to file tax returns in the USA and making sure to declare you are still a resident here.  If you work elsewhere your taxes will definitely be more complicated. 

 

Generally speaking if you want to move back and forth, it's best to get citizenship first.  The earliest you can apply for this is 90 days before your 3 year anniversary of lpr status while still married to your USC spouse. 

[NikLR 13,227]

Obviously you can visit abroad, and you are never stuck within the USA but be aware that being an LPR is more complicated than being a citizen.  Even with a re-entry permit, keeping your green card is not guaranteed if the CBP decide you have not mainted residency. 

 

Edited February 15, 2017 by NikLR

[Stevephoto 230]

Time spent outside of the US is also a factor if/when you apply for citizenship. Please check those guidelines as well to see what the limits are for naturalization.

[asew50 1]

I just want to go home for a while,and be able to come back.

I've  been traveling back and forth for the past 4 years and I'm over it, it's too expensive.

 

my wife wants to start her Australian citizenship process.

[NikLR 13,227]

Wait until US citizenship then.  It's longer to get there, but easiest in the long run. 

 

also  thank you