Pending I-751 and will be living abroad

[OnTheGoFaroese 1]

Hello! I am divorce waiver and with pending I-751. My case has been transferred to my local office which is the processing time would be somewhere between 23 months to 45 months. I filed December 2017 and my 18 months extension will be expiring this June 2019. I am scheduling myself tomorrow for an infopass to get my status extended. I have to be in Australia and live there for a while to meet their immigration conditions as well. Immigration of Australia wants me to be in Australia for 6 mos so I can get my residency to them as well.

My current status is my case was transferred from Nebraska to National benefit Center (expecting for an interview) last April 10th since then there is no updates. So my questions are:

1. If I get my passport stamp that shows my status in USA would I be able to reside outside the US then just come back once I am scheduled for an interview or anything that USCIS requires me to be physically present in the US? I heard that it would critical for those who has issues for instance for those who has pending  criminal or felony case (which i dont have) to come back but for those who doesnt it would be easier.

2. Can I update again my address again to a different US address? (I am currently in Nevada and would update my address to California so my family could receive the mail from USCIS)

 

Thank you for answering!

 

PS. I will ask a lawyer as well but would like to get your opinion to this and for those who has done this already.

[Roel 7,192]

I think at this point you need to ask yourself if you want to be resident of US or Australia. 

[Dashinka 24,494]

I agree with @Roel, which country do you plan on living for the long-term?  If you have resident status in two countries, how do you plan to maintain it? 

 

As far as updating addresses in the USCIS system, that is feasible, but there are countless stories of folks completing an address change in the USCIS system, but that change not getting rolled across the entire system so they missed out on RFEs, Biometrics notices, Interview notices, etc., so keep that in mind.  Lastly, if you plan to be out of the country for more than 6 months then it is recommended to file for a re-entry permit, I believe this is required if you plan to reside out of the country as an LPR for more than 12 months.

 

Good Luck!

Edited May 24, 2019 by Bill & Katya

[Just Observing 34]

Yours is a tricky issue. Typically if you travel with a pending extension or adjustment of status, the petition is deemed abandoned for nonimmigrant cases.

 

Yours is different, you currently have immigrant status however it’s a temporary two year immigrant status. What happens if the petition is denied while you’re away? Does your status extension automatically terminate? In that case can you renter the country?

 

I doubt that advice from an immigration forum is very helpful in such a special case particularly since by going to establish permanent residency elsewhere its prima facie evidence that you’re abandoning USA permanent residence. Be very very careful, you’re already treading dangerous waters without even the additional complication.

Edited May 24, 2019 by Just Observing

[OnTheGoFaroese 1]

If ever I get renewed I will go ahead and will file a naturalization (if given the chance). As far as I know, a person can get multiple citizenship. 

I am not planning to abandon my residency in USA, it is just I needed to be in Australia to meet the Australia's immigration asked me to do. You see my case here is still pending so my question is if I can maybe just wait while in Australia then just come back if they will ask me for an interview?

 

 

[Just Observing 34]

17 minutes ago, NurseOntheGo said:

If ever I get renewed I will go ahead and will file a naturalization (if given the chance). As far as I know, a person can get multiple citizenship. 

I am not planning to abandon my residency in USA, it is just I needed to be in Australia to meet the Australia's immigration asked me to do. You see my case here is still pending so my question is if I can maybe just wait while in Australia then just come back if they will ask me for an interview?

 

 

USA immigration will definitely not be sympathetic to your cause. Don’t forget USA merely tolerates dual citizenship, it doesn’t expressly approve of it and they’re definitely not going to be inclined to help you attain permanent residence elsewhere contrary to their own rules.

 

To answer your question, yes you can go and wait in Australia, just be ready to deal with whatever adverse consequences that come with it. Like I pointed out, removing conditions via divorce waiver already comes with heightened scrutiny and its own can of worms.

[TheKingmaker 153]

19 minutes ago, NurseOntheGo said:

If ever I get renewed I will go ahead and will file a naturalization (if given the chance). As far as I know, a person can get multiple citizenship. 

I am not planning to abandon my residency in USA, it is just I needed to be in Australia to meet the Australia's immigration asked me to do. You see my case here is still pending so my question is if I can maybe just wait while in Australia then just come back if they will ask me for an interview?

 

 

You are not getting the point, are you?

 

The advice being given to you here is that choose one place that is best for your career and personal life. Seems like you are a nurse, so you should be good in either country. But why create this headache for yourself? If you can get either Citizenship, you'll be fine. Also consider the expatriate tax consequences of maintaining US residency.

 

Just out of curiosity, did you acquire Aussie residency through marriage as well?

[OnTheGoFaroese 1]

5 minutes ago, Just Observing said:

USA immigration will definitely not be sympathetic to your cause. Don’t forget USA merely tolerates dual citizenship, it doesn’t expressly approve of it and they’re definitely not going to be inclined to help you attain permanent residence elsewhere contrary to their own rules.

 

To answer your question, yes you can go and wait in Australia, just be ready to deal with whatever adverse consequences that come with it. Like I pointed out, removing conditions via divorce waiver already comes with heightened scrutiny and its own can of worms.

Thank you Just for the insight. Appreciate it.

[Roel 7,192]

31 minutes ago, NurseOntheGo said:

If ever I get renewed I will go ahead and will file a naturalization (if given the chance). As far as I know, a person can get multiple citizenship. 

I am not planning to abandon my residency in USA, it is just I needed to be in Australia to meet the Australia's immigration asked me to do. You see my case here is still pending so my question is if I can maybe just wait while in Australia then just come back if they will ask me for an interview?

 

 

Be aware that if you're spending months away from the US, you might not be eligible for naturalization that fast. 

[Just Observing 34]

10 minutes ago, TheKingmaker said:

Just out of curiosity, did you acquire Aussie residency through marriage as well?

Lol, why does it mater?🤣😂🤣

[OnTheGoFaroese 1]

2 minutes ago, Roel said:

Be aware that if you're spending months away from the US, you might not be eligible for naturalization that fast. 

I woll keep this in Mind thank you very much.

[TheKingmaker 153]

22 minutes ago, Just Observing said:

Lol, why does it mater?🤣😂🤣

It does not. I'm just asking out of curiosity.

[Dashinka 24,494]

I read somewhere that Australia requires proof of continuous residence of 2 years to get and maintain permanent resident status.  I certainly am not well versed on Aussie PR requirements, but it seems that if one were a US LPR, and an AUS PR, trying to maintain the two legally will be arduous.

 

https://www.quora.com/After-getting-Australian-PR-should-I-stay-compulsory-in-Australia-for-the-next-5-years-After-making-first-entry-can-I-stay-in-other-countries-Will-it-affect-my-PR-status-in-the-future

[dentsflogged 352]

3 hours ago, Just Observing said:

USA immigration will definitely not be sympathetic to your cause. Don’t forget USA merely tolerates dual citizenship, it doesn’t expressly approve of it and they’re definitely not going to be inclined to help you attain permanent residence elsewhere contrary to their own rules.

 

To answer your question, yes you can go and wait in Australia, just be ready to deal with whatever adverse consequences that come with it. Like I pointed out, removing conditions via divorce waiver already comes with heightened scrutiny and its own can of worms.

This isn't just dual citizenship, either. OP is clearly a citizen of a third country and seems to be playing the game to be a LPR in both USA and Australia, which seems to defy the point of being a LPR - you're a permanent resident of ONE country at a time, not 2. 

[Crazy Cat 41,850]

5 hours ago, Just Observing said:

I doubt that advice from an immigration forum is very helpful in such a special case particularly since by going to establish permanent residency elsewhere its prima facie evidence that you’re abandoning USA permanent residence. Be very very careful, you’re already treading dangerous waters without even the additional complication.

I agree. This scheme could easily result in unintended consequences somewhere down the line.  These attempts at trying to bend the rules don't always work out well.

Edited May 24, 2019 by missileman