Moving back and forth between US & Aus

[mjv94 0]

Hi,

Not sure if this is where i am meant to post this topic but looking for input...

for background reference; 

I moved to the U.S through a k1 visa, now have a green-card (currently conditions removal is pending)
but my husband and I are now considering moving (back) to Australia. He is a u.s citizen/resident so we have started looking at the filing process of the Australian partner visa.

 

My question is; if his visa is approved and we decide to move our lives to australia, do i have the legally abandon my residency here in the u.s and reapply all over again if we ever decide to move back to the u.s? or is there any other ways to hold on to residency? i have seen there is a re-entry permits but they only last 2 years and have read that they are only used for those just travelling and not actually living back home.

 

if you have done the same or has experience moving back and forth, any input would be much appreciated! 

[USS_Voyager 1,972]

3 minutes ago, mjv94 said:

My question is; if his visa is approved and we decide to move our lives to australia, do i have the legally abandon my residency here in the u.s and reapply all over again if we ever decide to move back to the u.s? or is there any other ways to hold on to residency? i have seen there is a re-entry permits but they only last 2 years and have read that they are only used for those just travelling and not actually living back home.

Yes, if you abandon your residency in the US, you will have to start over again from the beginning. There is no way to "hold on" to the residency. The very definition of the word "residency" means to you have to take residence there. If you don't take residence (live) there, then you don't have residency there, do you?

 

The re-entry permit is used for extraordinary circumstances such as severely illness of a family member that requires the US LPR to take care of and like you said, only up to certain amount of time. The LPR also is required to maintain ties to the US such as filing tax returns, and such. 

 

There is no such thing as maintain residency in one place while you live in a different place. 

 

If you become a US citizen, then you can live outside of the US as long as you want. You'll always be able to return to the US. Heck, we even have US citizens who never set foot in the US their whole lives. 
 
 

[geowrian 22,337]

Maintaining a green card means maintaining permanent residency. If you are abandoning permanent residency within the US, then there is no need for a green card.

 

What I would highly suggest for your circumstances is to obtain US citizenship before moving. Then you don't have to maintain US residency and can come/go whenever you want.

You should qualify to apply under the 3 year rule since you are still married to a USC. Given that you are already in ROC, that means there should be less than a year before you can apply. They normally adjudicate both the I-751 and N-400 together if you apply while ROC is still pending.

[accumbyte 149]

23 minutes ago, mjv94 said:

or is there any other ways to hold on to residency?

Even the hail mary option of a Returning Resident (SB-1) immigrant visa might not be available in your case; https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html:

Quote

Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you:

• Had the status of a lawful permanent resident at the time of departure from the United States;
• Departed from the United States with the intention of returning and have not abandoned this intention; and
• Are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.

If that's the case, then a fresh IR-1 spouse visa would be needed.

31 minutes ago, mjv94 said:

do i have the legally abandon my residency here in the u.s and reapply all over again if we ever decide to move back to the u.s?

You don't have formally abandon it but its recommended so that USCIS has a record of official abandonment. It's done by mailing or submitting in person the free Form I-407 to the USCIS Bangkok office once you leave the US: https://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-uscis-bangkok-field-office

 

The best alternative is wait until you become a US citizen based on the 3 year rule.

[mjv94 0]

57 minutes ago, geowrian said:

Maintaining a green card means maintaining permanent residency. If you are abandoning permanent residency within the US, then there is no need for a green card.

 

What I would highly suggest for your circumstances is to obtain US citizenship before moving. Then you don't have to maintain US residency and can come/go whenever you want.

You should qualify to apply under the 3 year rule since you are still married to a USC. Given that you are already in ROC, that means there should be less than a year before you can apply. They normally adjudicate both the I-751 and N-400 together if you apply while ROC is still pending.

i have considered naturalization but reading the laws of becoming a u.s citizen and having to renounce my australian citizenship worries me, i have read that its technically not true and there is no formal information on having to physically give up citizenship, is there any things i have to worry about? will i have trouble moving back and forth?

[geowrian 22,337]

7 minutes ago, mjv94 said:

i have considered naturalization but reading the laws of becoming a u.s citizen and having to renounce my australian citizenship worries me, i have read that its technically not true and there is no formal information on having to physically give up citizenship, is there any things i have to worry about? will i have trouble moving back and forth?

I'll defer to somebody more familiar with Australia's laws, but there are only a handful of countries I know of where it actually terminates another country's citizenship. Australia does not stick as one known to be an issue.

[USS_Voyager 1,972]

56 minutes ago, mjv94 said:

i have considered naturalization but reading the laws of becoming a u.s citizen and having to renounce my australian citizenship worries me, i have read that its technically not true and there is no formal information on having to physically give up citizenship, is there any things i have to worry about? will i have trouble moving back and forth?

I don't know anything about Australian laws, but as far as the US is concerned, they don't care if you're a citizen of a different country. I have maintained dual citizenship for several years now, carrying both passports. To the government of the US, I am a US citizen and to the government of my home country, I am their citizen. The fact that am also a citizen of a different country, both of them couldn't care less (as long as I continue to fulfill the civic duties as citizens of both countries: paying taxes, .... )

[EandS2019 391]

You don’t need to renounce your Australian citizenship. When I became a citizen of Australia I was allowed to keep my UK citizenship, it works vice versa. Australian partner visas can take so long (sometimes 2 years) that you’ll be eligible for citizenship in the US by the time it’s sorted.

[EandS2019 391]

I should rephrase that. The only ways to lose your citizenship of Australia as a dual citizen, is if you’re someone who breaks serious laws OR if you choose to renounce it. The US does not require you to renounce it for citizenship, nor does Australia.

[accumbyte 149]

23 hours ago, mjv94 said:

is there any things i have to worry about?

Not an issue. There isn't a US law that requires you to renounce a foreign citizenship. The naturalization oath only says "allegiance and fidelity" not citizenship: https://www.uscis.gov/us-citizenship/naturalization-test/naturalization-oath-allegiance-united-states-america