Currently in the US with AOS pending, but potentially moving to Europe for 2-3 years with work...Can I postpone or do I need to start again? (merged topics)

[mrbtx 7]

Hi everybody, I am in what is probably a bit of a one off scenario, but I am a UK citizen living and working in the US with a visa. My wife (US Citizen) and I have been married since the beginning of this year, and we submitted my AOS package in March. So far I have received my EAD and Advance Parole, my 485 is ready to be scheduled for interview and my i-130 is still pending. The issue we are currently facing, is that my wife and I most likely need to move to Europe for a 2 - 2.5 year work assignment. Once this is over, we would move back to the US. 

 

My question is, I believe that if we move to Europe, it's unlikely that I would be able to maintain a GreenCard - Even if I were able to get a re-entry permit approved before hand. From what I understand, I would therefore have to start the GC process again from France through the Direct Consular Filing process. Is this the only way that we can do this, or can I put my existing i-130 on hold or have it approved, so that when we go down the DCF way, it should be a quick and seamless process? Alternatively, would you advise that I try to get the GC before we leave and then try my best to maintain it by coming back to the US every 3 months or so, and proving that we have ties here and always plan to return? (We have rental properties in our names, we will keep bank accounts etc)

 

Any advice would be greatly appreciated. Thanks!

[Boiler 45,486]

Best to naturalise first if you want to keep things simple.

[mrbtx 7]

19 minutes ago, Boiler said:

Best to naturalise first if you want to keep things simple.

By this, you mean get the GC before we leave? WOuldn't this just be at risk of having it revoked as I wouldn't be living / working in the US for the next 2-2.5 years?

[Boiler 45,486]

You are talking about how close you can push things, easy to say what you can and can not do. How close you can go not safe to say.

[powerpuff 6,697]

You cannot put your application on hold. Even if you get a GC before leaving - it is meant for permanent residence in the US, not as a visa to come back. You will have to start over. USCIS closed all overseas field offices so DCF is no longer a sure thing. You will have to meet exceptional circumstance criteria and even then, it is at the discretion of the consulate whether or not they will accept your case. If DCF doesn’t work out, you’ll have to go the regular route and wait out IR1 spousal visa process. 

Edited November 6, 2021 by powerpuff

[Crazy Cat 41,845]

22 minutes ago, mrbtx said:

By this, you mean get the GC before we leave? WOuldn't this just be at risk of having it revoked as I wouldn't be living / working in the US for the next 2-2.5 years?

Naturalizing means becoming a US citizen.....

[mrbtx 7]

2 minutes ago, powerpuff said:

You cannot put your application on hold. Even if you get a GC before leaving - it is meant for permanent residence in the US, not as a visa to come back. You will have to start over. USCIS closed all overseas field offices so DCF is no longer a sure thing. You will have to meet exceptional circumstance criteria and even then, it is at the discretion of the consulate whether or not they will accept your case. If DCF doesn’t work out, you’ll have to go the regular route and wait out IR1 spousal visa process. 

My wife receiving an offer of a job / transfer back to the US would consistute as exceptional? 

 

If not, how long does the IR1 process take?

[Crazy Cat 41,845]

5 minutes ago, mrbtx said:

My wife receiving an offer of a job / transfer back to the US would consistute as exceptional? 

 

If not, how long does the IR1 process take?

1.  It has worked for many.  It has failed for others.  It is at the discretion of the consulate.

2.  Currently, about 12-24 months.   Current VJ average is 673 days from filing to interview.

Edited November 6, 2021 by Crazy Cat

[MrsBPM 34]

How soon would you be planning to move to Europe?

[mrbtx 7]

42 minutes ago, MrsPLM said:

How soon would you be planning to move to Europe?

Feb / Mar '22...I did my AOS biometrics on July 21st this year. EAD received last week. 

[Boiler 45,486]

33 minutes ago, mrbtx said:

Feb / Mar '22...I did my AOS biometrics on July 21st this year. EAD received last week. 

If you can get your GC before you head out you can certainly look to try it and see. You should get your GC by then

[HRQX 4,145]

8 hours ago, mrbtx said:

my existing i-130

An approved I-130 technically doesn't expire but would require Form I-824 with fee to forward it to NVC: https://www.uscis.gov/sites/default/files/document/forms/i-824.pdf "USCIS to send my approved immigrant visa petition to the NVC."

 

Once at NVC you'll need to contact NVC once a year (i.e. every 12 months) so that they don't send it back to USCIS.

[mrbtx 7]

37 minutes ago, HRQX said:

An approved I-130 technically doesn't expire but would require Form I-824 with fee to forward it to NVC: https://www.uscis.gov/sites/default/files/document/forms/i-824.pdf "USCIS to send my approved immigrant visa petition to the NVC."

 

Once at NVC you'll need to contact NVC once a year (i.e. every 12 months) so that they don't send it back to USCIS.

Would my I-130 get approved before or after my 485? If after, is there any way I could tell USCIS at my interview that I wish to withdraw the 485 and will submit the 824 in it's place, in anticipation that I will be moving to Europe for a couple of years? Is there an official process to contacting NVC to put it on hold every 12 months?

 

[mrbtx 7]

3 hours ago, Boiler said:

If you can get your GC before you head out you can certainly look to try it and see. You should get your GC by then

But then you would mean I keep coming back to the US every 4-6 months with the GC and try to prove that I intend to return / reside here? Surely if I keep paying taxes in the US, maintain a couple of rental properties etc this would help my case? Even if I have a letter from our employers that state this assignment is 2 years long or so?

[HRQX 4,145]

6 minutes ago, mrbtx said:

Would my I-130 get approved before or after my 485?

The I-130 cannot be approved after the I-485 since it's the underlying petition. The I-130 is either approved simultaneously with I-485 or before the I-485 is adjudicated. For example, in my case the I-130 was approved in May 2020 and my I-485 is still pending.

10 minutes ago, mrbtx said:

Is there an official process to contacting NVC to put it on hold every 12 months?

You could simply call them: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html Phone (for immigrant visa inquiries only): (603) 334-0700