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:
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?
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.
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.