Moving overseas while waiting for I-751 processing?

[microcebus 40]

My wife is a citizen of Singapore, a permanent resident of Australia, and a green card holder in the U.S.  She arrived in the U.S. on a K-1 visa, and we successfully adjusted her status (I-485).  She is on a temporary green card, and we have a letter from USCIS stating that its validity has been extended into 2025 (48 months past our I-751 filing date).  We have been waiting over two years for her Removal of Conditions (I-751).

 

For several reasons, we intend to move back to Australia next month.  We can’t postpone this move further due to Australia's Resident Return Visa (RRV) rules.  Because my wife has been outside Australia for over 4 years, the Australian government has told us that they will require her to get another visa if we delay the move further.

 

Currently, we are not considering this to be a definitely permanent move.  We need to try living in Australia first and determine if living there will be a better fit for us.  We need to sell our house and cars to be able to buy a house and car(s) in Australia, so for now our ties back to the U.S. will primarily be my job (as a full-time contractor of a U.S.-based company) and my parents (who live here).  If our house here does not sell, we will still own it and will pursue renting it out.  We will also continue to file U.S. tax returns — and Australia tax returns when we have become tax residents there.

 

I have seen some topics here at VisaJourney (like this one) about this type of move, but they are from years ago.  I am not sure if the laws have changed.

 

I am trying to find out how she can get back to the U.S. if we need to come back.  So far, she got an I-131 combo card (EAD/AP) during the Adjustment of Status process, and she has already had biometrics taken for Removal of Conditions.

 

1. What is the re-entry permit that we need to get for my wife?  (Is this the same as either the I-131 Advanced Parole for the combo card from our I-485 process, or the Returning Resident Visa for the U.S.?)
2. Does my wife already have this re-entry permit based on having a conditional green card (plus USCIS’s extension letter and an I-551 Extension stamp in her passport)?
3. How long does my wife need to be in the U.S. for this re-entry permit to be processed?  (She already had biometrics taken as part of the I-751 process.)  Can we make the deadline of moving to Australia by a month from now?  If not, what is our best option?
4. Can my wife be outside the U.S. while the re-entry permit application is being processed?
5. Is my wife’s (future) job with an organization based in Australia or the sale of our house a red flag?  We most likely do have a place to stay temporarily if we need to come back to the U.S.
6. Do we need to buy round-trip flight tickets to Australia?  (One-way and round-trip to Australia are currently about the same price.  But I don’t see why we should get another ticket to come back to the U.S. when we would need a round-trip ticket from Australia in order to make a trip back here.)
7. Will changing our mailing address with USCIS to my dad’s address have any tax implications for us? (His state has state income tax; our current state does not.)
8. What would happen to our ongoing I-751 application if we leave the U.S.?  Will it still be processed?

[Mike E 11,739]

44 minutes ago, microcebus said:

So far, she got an I-131 combo card (EAD/AP)

She is an LPR. That card has no applicability. And I suspect is expired.

44 minutes ago, microcebus said:

We have been waiting over two years for her Removal of Conditions (I-751).

After waiting one year, she should have filed N-400 to become a citizen. She would be a citizen by now, and free to leave the U.S. without impact to her right to come back.

 

1. Re-entry permit requires filing I-131.

 

2. No. I-131 is a Swiss army knife. It used for applying for at least 3 different documents.

 

3. She can leave as soon as she gets the receipt from USCIS 

 

4. Yes after she gets the receipt from USCIS 

 

5. Given she will file for a re-entry permit, no.

 

6. The U.S. does not care. I do not know about Australia or the airline.

 

7. No

 

8. It will be processed and if an interview / biometrics is required you will both have to return to the U.S.  / she will have to return to the U.S. 

 

 

Edited August 6, 2023 by Mike E

[Boiler 45,467]

You can fudge it but at some point this will become difficult

 

East to tell you what is clearly ok, when you want to stay near the line much harder 

[Dashinka 24,488]

34 minutes ago, microcebus said:

My wife is a citizen of Singapore, a permanent resident of Australia, and a green card holder in the U.S.  She arrived in the U.S. on a K-1 visa, and we successfully adjusted her status (I-485).  She is on a temporary green card, and we have a letter from USCIS stating that its validity has been extended into 2025 (48 months past our I-751 filing date).  We have been waiting over two years for her Removal of Conditions (I-751).

 

For several reasons, we intend to move back to Australia next month.  We can’t postpone this move further due to Australia's Resident Return Visa (RRV) rules.  Because my wife has been outside Australia for over 4 years, the Australian government has told us that they will require her to get another visa if we delay the move further.

 

Currently, we are not considering this to be a definitely permanent move.  We need to try living in Australia first and determine if living there will be a better fit for us.  We need to sell our house and cars to be able to buy a house and car(s) in Australia, so for now our ties back to the U.S. will primarily be my job (as a full-time contractor of a U.S.-based company) and my parents (who live here).  If our house here does not sell, we will still own it and will pursue renting it out.  We will also continue to file U.S. tax returns — and Australia tax returns when we have become tax residents there.

 

I have seen some topics here at VisaJourney (like this one) about this type of move, but they are from years ago.  I am not sure if the laws have changed.

 

I am trying to find out how she can get back to the U.S. if we need to come back.  So far, she got an I-131 combo card (EAD/AP) during the Adjustment of Status process, and she has already had biometrics taken for Removal of Conditions.

 

1. What is the re-entry permit that we need to get for my wife?  (Is this the same as either the I-131 Advanced Parole for the combo card from our I-485 process, or the Returning Resident Visa for the U.S.?)
2. Does my wife already have this re-entry permit based on having a conditional green card (plus USCIS’s extension letter and an I-551 Extension stamp in her passport)?
3. How long does my wife need to be in the U.S. for this re-entry permit to be processed?  (She already had biometrics taken as part of the I-751 process.)  Can we make the deadline of moving to Australia by a month from now?  If not, what is our best option?
4. Can my wife be outside the U.S. while the re-entry permit application is being processed?
5. Is my wife’s (future) job with an organization based in Australia or the sale of our house a red flag?  We most likely do have a place to stay temporarily if we need to come back to the U.S.
6. Do we need to buy round-trip flight tickets to Australia?  (One-way and round-trip to Australia are currently about the same price.  But I don’t see why we should get another ticket to come back to the U.S. when we would need a round-trip ticket from Australia in order to make a trip back here.)
7. Will changing our mailing address with USCIS to my dad’s address have any tax implications for us? (His state has state income tax; our current state does not.)
8. What would happen to our ongoing I-751 application if we leave the U.S.?  Will it still be processed?

1. No, a re-entry permit is not the same as the AP although both use the same form for the application.  When planning to stay outside the US for more than a year, she should file an I131 for a Re-entry permit, and she has to remain in the US until the biometrics are conducted.

2.  The expired 2 yr GC and extension letter is your wife’s proof of US LPR status.  She can use this to board a plane back to the US, but see 1 if she plans to remain outside the US for more than 12 months as an LPR.

 

3.  Re-entry permit biometrics are a separate process.  USCIS may Re-use recent biometrics, but when she files for the re-entry permit she should remain in the US until her biometrics appointment, or until she receives a notice that USCIS will be re-using biometrics.

 

4.  Yes

 

5., 6. and 7.  Not sure

 

8.  The ROC will remain in process, but if you are called for an interview you may both need to return for it.

 

Good Luck!

 

[microcebus 40]

5 minutes ago, Mike E said:

She is an LPR. That card has no applicability. And I suspect is expired.

After waiting one year, she should have filed N-400 to become a citizen. She would be a citizen by now, and free to leave the U.S. without impact to her right to come back.

 

1. Re-entry permit requires filing I-131.

 

2. No. I-131 is a Swiss army knife. It used for applying for at least 3 different documents.

 

3. She can leave as soon as she gets the receipt from USCIS 

 

4. Yes after she gets the receipt from USCIS 

 

5. Given she will file for a re-entry permit, no.

 

6. The U.S. does not care. I do not know about Australia or the airline.

 

7. No

 

8. It will be processed and if an interview is required you will both have to return to the U.S.  

 

 

Thanks!  I meant to ask: will she need to have biometrics taken again, given that she already did this for the I-751?

 

We haven't applied for U.S. citizenship for her.  She is not interested in becoming a U.S. citizen.

[Mike E 11,739]

1 minute ago, microcebus said:

Thanks!  I meant to ask: will she need to have biometrics taken again, given that she already did this for the I-751?

She probably will have biometrics re-used.

[Boiler 45,467]

She can always file a I 407 and you can petition her if you decide to move to the US

[Mike E 11,739]

26 minutes ago, microcebus said:

She is not interested in becoming a U.S. citizen.

Once she files I-407, it might be difficult for her to visit the U.S. as the spouse of a U.S. citizen.

 

The I-485 bell cannot be unrung. Once filed, expect that ESTA is  gone forever.

[EM_Vandaveer 2,408]

Why not become a US citizen? Then she can come & go as she pleases...

[Boiler 45,467]

3 hours ago, Mike E said:

Once she files I-407, it might be difficult for her to visit the U.S. as the spouse of a U.S. citizen.

 

The I-485 bell cannot be unrung. Once filed, expect that ESTA is  gone forever.

Nothing mentioned that she would not be eligible to use the VWP, and there certainly have been people here who have done so, all the ones the come to mind are from the UK, Singapore should not be different.

 

And of course we have had member I think mainly Parents who could not get a B and obtained a GC surrendered it and then had no problem, very clear evidence you do not want to immigrate.

[Boiler 45,467]

4 hours ago, microcebus said:

We haven't applied for U.S. citizenship for her.  She is not interested in becoming a U.S. citizen.

The only clear way of bouncing between the two is to have Citizenship in both.

 

I can pontificate about how people have managed to skirt the regulations in the past, I do not know what could happen in the future. Obviously just using the term Permanent Resident, and couple it with selling your House, Cars moving to another country and getting a job there does not scream you are retaining your US Permanent Residency.

 

A lot depends on how long you will be gone, months and well who would notice. Also a lot depends on your risk tolerance.

[Redro 4,611]

16 hours ago, microcebus said:

My wife is a citizen of Singapore, a permanent resident of Australia, and a green card holder in the U.S.  She arrived in the U.S. on a K-1 visa, and we successfully adjusted her status (I-485).  She is on a temporary green card, and we have a letter from USCIS stating that its validity has been extended into 2025 (48 months past our I-751 filing date).  We have been waiting over two years for her Removal of Conditions (I-751).

 

For several reasons, we intend to move back to Australia next month.  We can’t postpone this move further due to Australia's Resident Return Visa (RRV) rules.  Because my wife has been outside Australia for over 4 years, the Australian government has told us that they will require her to get another visa if we delay the move further.

 

Currently, we are not considering this to be a definitely permanent move.  We need to try living in Australia first and determine if living there will be a better fit for us.  We need to sell our house and cars to be able to buy a house and car(s) in Australia, so for now our ties back to the U.S. will primarily be my job (as a full-time contractor of a U.S.-based company --good for you as this means you'll be able to sponsor her easily in the future.) and my parents (who live here- family in the US isn't a great tie to show you've maintained residence).  If our house here does not sell, we will still own it and will pursue renting it out.  We will also continue to file U.S. tax returns — and Australia tax returns when we have become tax residents there. - I would not sell the home if you are more interested in maintaining ties to the US. 

 

I have seen some topics here at VisaJourney (like this one) about this type of move, but they are from years ago.  I am not sure if the laws have changed.

 

I am trying to find out how she can get back to the U.S. if we need to come back.  So far, she got an I-131 combo card (EAD/AP) during the Adjustment of Status process, and she has already had biometrics taken for Removal of Conditions.

 

1. What is the re-entry permit that we need to get for my wife?  (Is this the same as either the I-131 Advanced Parole for the combo card from our I-485 process, or the Returning Resident Visa for the U.S.?) - the  extension letter she has extending her GC  dictates how long she can stay outside the US. If she receives AP it won't give her a period of more than that amount of time. 
2. Does my wife already have this re-entry permit based on having a conditional green card (plus USCIS’s extension letter and an I-551 Extension stamp in her passport)?- No
3. How long does my wife need to be in the U.S. for this re-entry permit to be processed?  (She already had biometrics taken as part of the I-751 process.)  Can we make the deadline of moving to Australia by a month from now?  If not, what is our best option?- No
4. Can my wife be outside the U.S. while the re-entry permit application is being processed? -As soon as biometrics are reused. 
5. Is my wife’s (future) job with an organization based in Australia or the sale of our house a red flag?  We most likely do have a place to stay temporarily if we need to come back to the U.S. This is not great evidence of maintaining ties to the US. 
6. Do we need to buy round-trip flight tickets to Australia?  (One-way and round-trip to Australia are currently about the same price.  But I don’t see why we should get another ticket to come back to the U.S. when we would need a round-trip ticket from Australia in order to make a trip back here.)-USCIS doesn't care about the type of ticket you buy. A return trip ticket is also not great evidence of maintaining ties to the US.. 
7. Will changing our mailing address with USCIS to my dad’s address have any tax implications for us? (His state has state income tax; our current state does not.) - Depends on how much money you make in Australia and if you have any taxable assets in the US. 
8. What would happen to our ongoing I-751 application if we leave the U.S.?  Will it still be processed? - They will most likely still process it. But, they might send an RFE for additional marital evidence (or the 10 yr GC) to your old home. So, if you haven't already create an online account to keep track of any updates. 

 

If you are planning to be outside the US for more than 1 year. I recommend having your wife file the I407. Most people who relinquish their LPR status are able to travel to the US via ESTA or the tourist visa. As you are undecided about where you might live in the future. It seems counterproductive to add stress to your situation by trying to maintain her status in the US when she can re-apply for it IF you both decide living in the US is better than living in Australia. 

[mam521 2,062]

In a fashion not dissimilar to Australia, your wife, irrespective of a 2 year or 10 year greencard and a refusal to gain US citizenship, is going to run into issues with where she isn't residing "permanently", be it the US or Aus.  It sounds a bit like she wants her cake and to eat it too.  You guys really need to make some decisions on where you want to be instead of playing immigration ping pong.  

[Boiler 45,467]

4 minutes ago, mam521 said:

In a fashion not dissimilar to Australia, your wife, irrespective of a 2 year or 10 year greencard and a refusal to gain US citizenship, is going to run into issues with where she isn't residing "permanently", be it the US or Aus.  It sounds a bit like she wants her cake and to eat it too.  You guys really need to make some decisions on where you want to be instead of playing immigration ping pong.  

 

I have seen this quite a few times, now I do not know the Australian rules, from what has been mentioned they are different to the US and more specific. I have always assumed that theoretically it is possible to find a path between the two but may not be practical for most people.

[mam521 2,062]

23 minutes ago, Boiler said:

 

I have seen this quite a few times, now I do not know the Australian rules, from what has been mentioned they are different to the US and more specific. I have always assumed that theoretically it is possible to find a path between the two but may not be practical for most people.

I suspect the US will begin to crack down on some of these types of behaviors. Requesting reentry at regular intervals has to start looking rather suspicious at some point and goes against the spirit of permanent residency.  

 

Personally, I can't imagine the cost of packing up and moving across the world every couple of years just to retain PR.  Not just the moving costs, but the application fees associated with the reentry permit and the greencard renewals as well as the other country's filing fees.