My AOS GC applicaiton is ready to be scheduled for interview - I may however, need to relocate back to Europe with my USC wife for 2 yr work assignment...Any options to continue with GC application?

[Adventine 3,196]

@mrbtx
*** duplicate post removed. Please post your question only once.***

 

It isn't clear which field office will handle your interview but be aware that some people stay stuck in the "ready to be scheduled for interview" stage for months. Some people who filed for AOS in 2020 are still waiting for an interview today. It all depends on how backlogged your field office is. Best to have a backup plan in place, in case Q1 2022 arrives and you are still waiting for the AOS interview.

[HRQX 4,145]

1 hour ago, mrbtx said:

So it seems that if I do get one granted, I move to Europe

Just a note that the requirements are to be in the US when I-131 for Re-entry permit is filed and attend the biometrics appointment (if scheduled; sometimes they instead reuse your already captured biometrics) in the US. Thus you could leave the US while the reentry permit application is pending: https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf "you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics (photo, fingerprints) have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a U.S. Embassy, consulate or a DHS office overseas, so you can pick it up from one of those facilities."

Edited September 4, 2021 by HRQX

[Allaboutwaiting 2,503]

38 minutes ago, mrbtx said:

So if I apply for one and it is granted, I basically must return to the US before my 2 year conditional greencard runs out. Which means I would probably be back here for say 6-12 months whilst my wife stays in Europe (assuming she is there for 2 years). 

The reentry permit would be valid until the date you must apply for removal of conditions -that's 90 days before your conditional GC expires-. 

Once you get the residence extension letter, you can apply for another reentry permit and request to expedite.

 

[Ontarkie 14,222]

~~MOved to WOrking and Traveling, form AOS from Work, Student and Tourist Visas - as the topic is about after AOS approval and traveling/working abroad.~~

[Suudsu 66]

9 hours ago, mrbtx said:

Hi everybody, I am currently at the "ready to be scheduled for interview" stage of my AOS GC application through marriage to my USC wife. We have however just found out that my wifes company wants to send her to Europe most likely in 1Q next year. I am a UK citizen, and most likely would be able to transfer with my company, but from what I understand, if I leave the US before my GC is approved, or even when I receive the conditional 2 year GC, my GC would be abandoned. Is this the case, or would there be a way that we could maintain my GC if we can show that this EU assignment is a short term (2 year) thing? Would I have any other options other than reapplying for a GC from the new EU country once we are asked to come back to the US? We are trying to weigh up the options, and I really hope the only one isn't that we would have to go through all of this process again once the time comes to return to the US. 

 

Thanks in advance for any help / advice. 

If you receive the conditional GC: rather than going down the re-entry permit route, depending on the nature of your wife's employment, you may qualify for expeditious naturalization based on your spouse's foreign employment under 319(b).

 

 

https://hk.usconsulate.gov/wp-content/uploads/sites/266/2017/04/acs_wwwf319_a.pdf

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4

[Coco8 1,042]

How long have you been married?

[mrbtx 7]

2 hours ago, Coco8 said:

How long have you been married?

Only since February this year. 

[mrbtx 7]

15 hours ago, Suudsu said:

If you receive the conditional GC: rather than going down the re-entry permit route, depending on the nature of your wife's employment, you may qualify for expeditious naturalization based on your spouse's foreign employment under 319(b).

 

 

https://hk.usconsulate.gov/wp-content/uploads/sites/266/2017/04/acs_wwwf319_a.pdf

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4

My wife is an exec at a fortune 500 company, so not sure if she falls under one of those categories unfortunately. That would have been ideal otherwise. 

 

Unless she would fall under this classification?

• American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof;

What do you think?

[HRQX 4,145]

15 minutes ago, mrbtx said:

American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof;

 

What do you think?

It depends on her assignment. From the thread by Qian that was linked:

NOTE #1: “engaged in whole or in part in the development of foreign trade and commerce of the United States” is the trickiest part. Translation: Not all US companies’ overseas assignment posts are qualified. The key factor is that whether the nature of the overseas assignment benefits the US or not.

For example, if a US company with thousands employees is manufacturing generators in Asia and sells them to the world, and the revenue goes back to the Asia entity, that might not qualify. Whereas if the US manufacturing company makes high-end audio components in the States, and the employee in Asia is to develop the Asian market, that would qualify. Also, if a US engineer consultancy firm only with 5 employees to provide consultancy services in Asia and send the production work back to the States, it would qualify.

 

NOTE #2 Cover letter contains: why you qualify for 319B and proof, your intention of residing with you USC spouse and proof,  your intention of re-establishing residency in the US after your spouse’s oversea assignment

 

NOTE #3 Company letter contains: the nature of the company, if the company is wholly or partially owned by the US, the nature of the employee’s employment and overseas assignment, anticipated period of the overseas assignment, a mention of the name of the spouse to be naturalized

 

NOTE #4 Offer of Employment, focus on the job description (how the employee’s job is benefiting the US economy), the duration of the overseas post (must be over a year from the time of N-400 filing)

 

NOTE #5 To show your intention of re-establishing your US residency, you need to write up a statement stating so. Ideally accompanied by supporting documents, such as, US saving accounts, property purchase, pension savings, etc.

[Suudsu 66]

13 hours ago, mrbtx said:

My wife is an exec at a fortune 500 company, so not sure if she falls under one of those categories unfortunately. That would have been ideal otherwise. 

 

Unless she would fall under this classification?

• American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof;

What do you think?

I haven't done such an application, so I don't know whether you qualify.

 

A company that size has at least someone in Human Resources (HR) who deals with all the immigration cases of the company. I think one free resource for you could be for your wife to talk to HR to see if they have experience with this: you might he surprised.