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)

[Redro 4,611]

4 hours ago, mrbtx said:

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

Is it possible to postpone the job relocation until you receive a green card? Once you receive a GC you can apply for a re-entry permit.

 

RE-Entry Permit

If you plan to stay outside of the United States for more than one year but less than two years in duration, a re-entry permit is needed for readmission. You must be physically present in the United States when you file the application (Form I-131). A re-entry permit may be sent to a U.S. Embassy or Consulate abroad for you to pick up, if you request it when you file your application.  Departure from the Unites States before a decision is made on a re-entry permit application does not affect the application.

Generally, a re-entry permit is issued for two years from the date of issuance. However, a re-entry permit issued to a conditional resident shall be valid either for two years from the date of issuance or to until the date by which the conditional resident must apply for removal of the conditions on his or her status, whichever date comes first. There are other exceptions, please contact USCIS for details

 

An issue with retaining your GC might lead to issues as you'd have to return to the States to remove conditions. 

 

Alternatively, you could withdraw your current application and apply for the CR1/ IR1 visa at the end of 2022. Once it's approved, keep it at NVC (and keep it active) and 6-8 months before you intend to move back to the States submit your DS260 and I-864. Then you could interview a few months before your return to the States. 

 

DCF might not work because your wife knows she isn't in France indefinitely, she has been given a 2-3 year time frame. 

DCF is for:

Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.

 

I would be hesitant to roll the dice with DCF as if you are refused you'd have to file an i-130 after refusal and return to the UK while you wait for the visa (unless you were able to stay in France without your wife). 

[African Zealot 1,455]

As someone said, try and get the green card then reentry permit which will cover you for two years. Just before the two years is up make a quick trip stateside and return to finish your remaining six months. Doable 

[Crazy Cat 41,845]

13 hours ago, African Zealot said:

As someone said, try and get the green card then reentry permit which will cover you for two years. Just before the two years is up make a quick trip stateside and return to finish your remaining six months. Doable 

My thoughts, too.  Otherwise, abandonment of the current Adjustment of Status with a spousal visa sometime in the future (which would be a great deal of effort) is the only other alternative I can think of.

[mrbtx 7]

On 11/7/2021 at 9:04 AM, Crazy Cat said:

My thoughts, too.  Otherwise, abandonment of the current Adjustment of Status with a spousal visa sometime in the future (which would be a great deal of effort) is the only other alternative I can think of.

Do you know what the current processing time is for a re-entry permit?

[HRQX 4,145]

28 minutes ago, mrbtx said:

Do you know what the current processing time is for a re-entry permit?

In regards to the re-entry permit process for LPR you could leave the US after attending the biometrics appointment. 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."

[mrbtx 7]

Hi everybody, I have a little bit of a complex case and before I go ahead and start to spend money with a lawyer, would love to hear some thoughts here just incase somebody has done something similar.

In short, I have an active AOS through marriage to a USC, but we are about to move abroad in 3 months' time for my wife's job. We would like to continue pursuing the GC, so as not to waste the time and money that we have already invested, but more so, that once we return in 2.5 years, we do not have to go through this process from abroad.

Does anybody here know if something like this is possible, and has anybody ever secured a GC in a scenario like mine? Here is what I am thinking:

 

• We filed AOS package in March 2021 and have since completed biometrics (July '21) and have also received my EAD.
• I plan to stay working for my US-based employer, either under my current L1A, or with my recently issued EAD

 

In order to keep the Green Card, I am wondering if I can do the following:

• Assign immigration lawyer to my case, and direct any mail from USCIS to them / their address as we will since be moving abroad
• Once we receive notification that interview is scheduled, fly from France back to the US for our interview together
• Notify them at the interview that we are since based in France, but show proof of intent to return to the US once the assignment is over
  • We will still maintain a US residency and pay US taxes
  • Share the letter from both of our US-based employers that this is a short term 2.5-year assignment
  • Hopefully we are approved on the spot
• Once approved, submit another i131 for a re-entry permit, which I believe will allow me to stay outside of the US for 24 months
• Once a green card is received, apply for expedited citizenship as I should qualify as I am married to a USC who is stationed abroad and works for a US company that is engaged in whole or in part in the development of foreign trade and commerce of the US

 

Does this seem logical / like this could work? We would just hate to give up the GC considering how far we have come, especially when applying from outside of the US at some point in the future could make this process even more delayed.

[Redro 4,611]

You've appeared to ask the same question in various ways 3 times. 

The answer hasn't changed. 

To my understanding, even military spouses need to stay in the US until their AOS is complete. 

You need to wait until your AOS is complete and then you can move over to France. 

Or abandon AOS and file another i-130 18 months before you move back to the USA. 

[Timona 4,207]

26 minutes ago, mrbtx said:

Hi everybody, I have a little bit of a complex case and before I go ahead and start to spend money with a lawyer, would love to hear some thoughts here just incase somebody has done something similar.

In short, I have an active AOS through marriage to a USC, but we are about to move abroad in 3 months' time for my wife's job. We would like to continue pursuing the GC, so as not to waste the time and money that we have already invested, but more so, that once we return in 2.5 years, we do not have to go through this process from abroad.

Does anybody here know if something like this is possible, and has anybody ever secured a GC in a scenario like mine? Here is what I am thinking:

 

• We filed AOS package in March 2021 and have since completed biometrics (July '21) and have also received my EAD. This interview is about to take place in 3 months. I'd delay moving for 5 months. You won't regret it.
• I plan to stay working for my US-based employer, either under my current L1A, or with my recently issued EAD

 

In order to keep the Green Card, I am wondering if I can do the following:

• Assign immigration lawyer to my case, and direct any mail from USCIS to them / their address as we will since be moving abroad. Not gonna achieve anything. 
• Once we receive notification that interview is scheduled, fly from France back to the US for our interview together. USCIS will know. Additionally, do you even have AP???
• Notify them at the interview that we are since based in France, but show proof of intent to return to the US once the assignment is over
  • We will still maintain a US residency and pay US taxes
  • Share the letter from both of our US-based employers that this is a short term 2.5-year assignment
  • Hopefully we are approved on the spot
• Once approved, submit another i131 for a re-entry permit, which I believe will allow me to stay outside of the US for 24 months. You're going overboard now. Not gonna work. 
• Once a green card is received, apply for expedited citizenship as I should qualify as I am married to a USC who is stationed abroad and works for a US company that is engaged in whole or in part in the development of foreign trade and commerce of the US

 

Does this seem logical / like this could work? No. Best plan is to stay put for 3 months and leave with GC or leave and start all over again as @Kor2USAsaid 

 

Edited January 25, 2022 by Timona

[mrbtx 7]

18 minutes ago, Timona said:

 

Hi Timona, thanks for your response. How sure are you that the interview will happen in 3 months? Is this standard for the Houston FO? 10 months after biometrics?

[Timona 4,207]

Average is 1.5 to 2 years. You're almost there. My friends filled October 2020 and they just got interviewed 

[Ryan H 3,812]

~~~Posts merged with existing thread~~~

 

1 hour ago, mrbtx said:

Hi everybody, I have a little bit of a complex case and before I go ahead and start to spend money with a lawyer, would love to hear some thoughts here just incase somebody has done something similar.

In short, I have an active AOS through marriage to a USC, but we are about to move abroad in 3 months' time for my wife's job. We would like to continue pursuing the GC, so as not to waste the time and money that we have already invested, but more so, that once we return in 2.5 years, we do not have to go through this process from abroad.

Does anybody here know if something like this is possible, and has anybody ever secured a GC in a scenario like mine? Here is what I am thinking:

 

• We filed AOS package in March 2021 and have since completed biometrics (July '21) and have also received my EAD.
• I plan to stay working for my US-based employer, either under my current L1A, or with my recently issued EAD

 

In order to keep the Green Card, I am wondering if I can do the following:

• Assign immigration lawyer to my case, and direct any mail from USCIS to them / their address as we will since be moving abroad
• Once we receive notification that interview is scheduled, fly from France back to the US for our interview together
• Notify them at the interview that we are since based in France, but show proof of intent to return to the US once the assignment is over
  • We will still maintain a US residency and pay US taxes
  • Share the letter from both of our US-based employers that this is a short term 2.5-year assignment
  • Hopefully we are approved on the spot
• Once approved, submit another i131 for a re-entry permit, which I believe will allow me to stay outside of the US for 24 months
• Once a green card is received, apply for expedited citizenship as I should qualify as I am married to a USC who is stationed abroad and works for a US company that is engaged in whole or in part in the development of foreign trade and commerce of the US

 

Does this seem logical / like this could work? We would just hate to give up the GC considering how far we have come, especially when applying from outside of the US at some point in the future could make this process even more delayed.

 

1 hour ago, Kor2USA said:

You've appeared to ask the same question in various ways 3 times. 

The answer hasn't changed. 

To my understanding, even military spouses need to stay in the US until their AOS is complete. 

You need to wait until your AOS is complete and then you can move over to France. 

Or abandon AOS and file another i-130 18 months before you move back to the USA. 

 

58 minutes ago, Timona said:

 

 

39 minutes ago, mrbtx said:

Hi Timona, thanks for your response. How sure are you that the interview will happen in 3 months? Is this standard for the Houston FO? 10 months after biometrics?

 

33 minutes ago, Timona said:

Average is 1.5 to 2 years. You're almost there. My friends filled October 2020 and they just got interviewed