Pending I-751 and will be living abroad

[mindthegap 2,599]

Your tax return should be fun....especially if you don't plan on lying on it, or declaring yourself non-resident to gain the overseas exemption...

[Amadia 711]

5 hours ago, OnTheGoFaroese said:

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.

So far, all members have answered you regarding your situation.

You should remember that processing times are an estimate and could be faster or slower than originally determined based on cases moving around and how fast the officers assigned to your case load gets around to actually going through it.

How long do you plan to reside outside of the US?

Updating your mailing address to the one you desire in California is fine. Updating your overall address from Nevada to California may have them thinking you have moved from Nevada to California...which would be incorrect since you are asking about residing outside of the US.

Naturalization requires that you apply under the 3-year spouse rule if married to a US citizen and have been in the US continuously and not outside for more than 6 months. The 5-year rule applies to all other situations. How long do YOU plan to stay in Australia?

 

Lastly and most importantly, like a few others asked: Where do YOU plan to reside....America or Australia?

[JFH 12,191]

Why not wait until you have citizenship here? Then you can spend as long as you like outside the US. You can even leave and never, ever return, but still maintain citizenship if you wish. 

[Villanelle 4,122]

As others have stated you can only be a resident in ONE place at a time. It is impossible to do both US immigration and Australian immigration at the same time. When you are a LPR in the US you are certifying to them that you are a resident in the US. You can not go to Australia and also claim to be a resident there. You are LYING to both governments. Do not do this.  You will need to wait until you have US citizenship to be able to move to Australia and establish residency there. 

 

[Boiler 45,949]

Residency rules vary so I can visualise a situation where you could be the equivalent of a LPR  at least for a brief time in more than one country.

 

After all in the US there are multiple definitions of residency, Immigration, Education, Health Insurance, Drivers License etc.

 

I do not know the Australian situation so all I can say is that the OP needs to seem good legal advice.

[Cryssiekins 976]

4 hours ago, Boiler said:

Residency rules vary so I can visualise a situation where you could be the equivalent of a LPR  at least for a brief time in more than one country.

 

After all in the US there are multiple definitions of residency, Immigration, Education, Health Insurance, Drivers License etc.

 

I do not know the Australian situation so all I can say is that the OP needs to seem good legal advice.

I’m by far no expert in Aus residency/citizenship but I recall from a friend who moved there, that it was a very strict process.  It took her 10 years to finally be eligible for citizenship in Aus.

 

OP definitely should seek a consult with an attorney familiar with US and Aus immigration to advise on the best course of action to accomplish the plan, or if it’s even feasible and what potential consequences may arise.  

[mytruelove18 608]

14 hours ago, OnTheGoFaroese 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?

 

 

I know someone that her 10 year green card is pending long time, she is getting ready to apply for naturalization since she is 3 year merried with her husband.

I mean, wait for an interview it could be very long

[dentsflogged 352]

18 hours ago, Cryssiekins said:

I’m by far no expert in Aus residency/citizenship but I recall from a friend who moved there, that it was a very strict process.  It took her 10 years to finally be eligible for citizenship in Aus.

 

OP definitely should seek a consult with an attorney familiar with US and Aus immigration to advise on the best course of action to accomplish the plan, or if it’s even feasible and what potential consequences may arise.  

Even as an Aussie I'm not an expert. 

I have a USC friend that has been married to her (Australian citizen) husband for I think 9 years now - they stayed in the US long enough for him to gain his US citizenship and then moved to Australia.  She arrived in August 2014 and is only now eligible to apply for citizenship.  Apparently the wait times are around 18-24 months to be processed, so she'll have been married to a citizen for ~12 years and a resident of the country for close to 7 years before she's a citizen.  Much like the USA - it's a very slow, very (far moreso than the USA) expensive process.