What happens if we leave the US during ROC?

[M&Y_2019 25]

Good morning all,

 

I do apologize for making two threads, but the topics are sufficiently different than it didn't make sense to include both in one. 

 

We are considering leaving the US and moving to my spouse's home country as soon as August, but have not decided on this. That said, we are not sure the move would be long-term. We may want to (or have to) come back depending on how the visa process works out in that country. If my residency application is not approved for example, we would be coming back to the US within a few months.  In order to apply for the particular visa we are looking at, I'm required to be physically present in Japan - it cannot be done through an embassy here in the US. It would be several months before I'd find out if I'm approved and can remain in Japan. 

 

My spouse has pending ROC filed last year January 2023 and has the 48-months extension letter. I've tried to research this, but there is very little info on how pending ROC works if we leave the country. This is the main the reason I'm interested in ROC approval estimates for LIN as the Nebraska Service Center seems to be quicker than others. If we go by USCIS processing time estimates, our application could be approved around July of this year. VisaJourney is estimating February 2025. 

 

If anyone can assist with the following questions, it would be much appreciated:

1. If we do move prior to approval and file an address change with USCIS and include a foreign address, will that result in the ROC being denied or cancelled?  I assume we cannot use a relative's US mailing address, as we would not be physically present there - or can we?
2. Do we simply have to withdraw the ROC if we move out of the US and then have my spouse file for IR-1 if we ever move back? This would be extremely problematic if my residency in Japan is not approved (unlikely, but possible) as it would result in us being separated. 
3. What if we apply for a re-entry permit during ROC?

 

At this point, we are really stuck on whether we should just wait out ROC approval, apply for a re-entry permit first, and then consider leaving.  Some days we want to wait it out, and other days we question whether to keep putting our lives on hold for USCIS, as we could potentially be waiting years for ROC approval by what some on this forum have described. Others have suggested using N400 to "speed" up the process, but that is not a consideration for us as Japan does not allow dual citizenship. 

Edited March 18 by M&Y_2019

[OldUser 6,612]

This is not a simple situation. It requires some thinking.

 

In general, permanent residency works exactly the same way, whether somebody has a 10 year GC or 2 year GC with pending I-751.

 

A GC holder cannot spend more than 6 months outside of the US on any given trip. Once outside for over 6 months, GC holder is breaking continuous residence. Once outside of the US for over a year, residency can be deemed abandoned, especially if you sell everything in the US, break the lease etc.

 

A conditional resident can file for reentry permit too. But the resident must return to the US for biometrics appointment, interview, etc. Otherwise I-751 will get denied.

 

If you know for sure you'll be leaving the US for several years, you can always withdraw I-751, file I-407 and leave the US. In the future, can apply for IR-1 visa again.

 

Travelling back to the US may be a challenge before getting immigrant visa again.

 

 

Edited March 18 by OldUser

[M&Y_2019 25]

16 minutes ago, OldUser said:

This is not a simple situation. It requires some thinking.

 

In general, permanent residency works exactly the same way, whether somebody has a 10 year GC or 2 year GC with pending I-751.

 

A GC holder cannot spend more than 6 months outside of the US on any given trip. Once outside for over 6 months, GC holder is breaking continuous residence. Once outside of the US for over a year, residency can be deemed abandoned, especially if you sell everything in the US, break the lease etc.

 

A conditional resident can file for reentry permit too. But the resident must return to the US for biometrics appointment, interview, etc. Otherwise I-751 will get denied.

 

If you know for sure you'll be leaving the US for several years, you can always withdraw I-751, file I-407 and leave the US. In the future, can apply for IR-1 visa again.

 

Travelling back to the US may be a challenge before getting immigrant visa again.

 

 

 

Indeed. We have been thinking this over for an extended period and it is quite difficult to decide. 

 

They have re-used prior biometrics for this case. Also, I believe the LIN service center is one that tends not to do interviews (from what others have reported here) or at least it is very unlikely, having adjusted from K1 and interviewed for AOS. That said, if we needed to return for either of those things we could. Though, it would problematic if the interview occurs during my Japan residency application. My spouse would be able to leave Japan, but I (the USC) would not without canceling the Japan-side application. The application should take at most 3-5 months according to an immigration attorney. 

 

Where would they send the interview notice, or the green card itself if approved? We would have to change our address, but would they mail to a foreign address? 

Edited March 18 by M&Y_2019

[OldUser 6,612]

2 minutes ago, M&Y_2019 said:

Where would they send the interview notice? We would have to change our address, but would they mail an interview notice to a foreign address? What about the green card itself? 

I'm not sure you can provide a foreign address in AR-11. The form is not designed for that. I doubt USCIS can send these notices and especially green card overseas.

[M&Y_2019 25]

I think for now, we are inclined to wait out the ROC, and then consider moving  with the 10 year GC in-hand to reduce the risk of separation. 

 

The processing time for a Japan residency application would be unlikely to exceed 6 months, and certainly not a year. That said, I thought a re-entry permit typically allowed the green card holder up to two years outside of the US without abandonment? 

[OldUser 6,612]

47 minutes ago, M&Y_2019 said:

That said, I thought a re-entry permit typically allowed the green card holder up to two years outside of the US without abandonment? 

Yes. The only exception it doesn't save you from I-751 denial due to not showing to interview or missing RFE, as far as I know.