Plan to move overseas while aos still in process

[riri82 8]

Hi, I need help, my husband is a us city and we're are at the middle of AOS process now ( from K-1 visa ), my file goes to USCIS last feb, and we just heard news that my husband job will be transfer to south africa any soon, so we're thinking i will return to my country while he worked at south africa, coz i got nothing to do there and if i stayed here i;ll be lonely too with no family around me. so my question is, what my AOS status will be ? can i ask for AP and still continue the AOS process while overseas? and fly here for interview process ?....cause we're planning to back to US again, and don't want have to start the process all over again, any body have any suggestion ?

Edited March 17, 2012 by riri82

[Kish.2328 9]

You cant leave the country without your GC or AP. Did you file for AP along with the I-485? If yeah, might as well wait for it. If you did not file for AP along with I-485, there's a fee, I believe.

[Penguin_ie 5,987]

How long do you plan to be abroad? When do you plan on leaving?

[riri82 8]

How long do you plan to be abroad? When do you plan on leaving?

hi, thanks for the reply, yes i also apply for AP with my AOS, ,,my plan is leaving US soon after get my AP and come back here for interview, is it possible? not sure how long abroad depend on my husband work, how long did we allowed to leave US with AP ?

[Penguin_ie 5,987]

If you have someone to check your mail regularly, and can fly back at short notice then yes, that is possible, once you have AP like you say. You may not even get an interview, not everyone does. It's best not to stay out longer than 6 months at a time while you are on a greencard. The reason I asked is if he was working abroad for several years, it may be easier to abandon the process now and just apply for a spousal visa once you guys are ready.

[riri82 8]

If you have someone to check your mail regularly, and can fly back at short notice then yes, that is possible, once you have AP like you say. You may not even get an interview, not everyone does. It's best not to stay out longer than 6 months at a time while you are on a greencard. The reason I asked is if he was working abroad for several years, it may be easier to abandon the process now and just apply for a spousal visa once you guys are ready.

we not sure yet about how long will be abroad, i just try to avoid the process all over again, but i guess you're right, ...if we abandon the AOS process now does it will have any impact if we try again in the future ?

[Harpa Timsah 13,258]

Your husband is going to accept an offer abroad and you aren't going with him? Why wouldn't he decline the offer so you can be together? You don't want to go with him?

[riri82 8]

Your husband is going to accept an offer abroad and you aren't going with him? Why wouldn't he decline the offer so you can be together? You don't want to go with him?

we still talked about this and hope that he'll be able found another here at US, but meanwhile the worse scenario is he has to take the offer and be separated for a while, coz is not safe and not much to do if i go with him to south africa,,

[JimVaPhuong 4,863]

we still talked about this and hope that he'll be able found another here at US, but meanwhile the worse scenario is he has to take the offer and be separated for a while, coz is not safe and not much to do if i go with him to south africa,,

Not safe? Really? South Africa has it's problems, but it's a lot safer than many areas in the Philippines. In South Africa you don't have to worry about being kidnapped by Abu Sayyaf or the NPA, or getting bombed by one of these groups if you go near a government building.

Anyway, you have multiple compound problems. If you leave when you get the AP and end up being scheduled for a green card interview then you must return to the US and attend the interview with your husband. If you don't both attend, and you don't have a very good reason for him not being present, then your green card will be denied. If he was in the military and had been deployed to a war zone then that would be a very good reason. If he's being transferred to a foreign country for work then they'll expect him to fly back and attend the interview.

A green card interview in these circumstances is likely to be a little rocky. This is triple jeopardy. A permanent resident is required to reside in the United States. There are exceptions for the spouse of a US military member, the spouse of an employee of the US government, or the spouse of an employee of a US government contractor. Unless you fall into one of these categories, you are required to live in the US in order to get and keep a green card. If you tell the IO that you're planning on moving to South Africa to be with your husband then they'll deny your green card because you don't intend to maintain your residence in the US. If you tell the IO that you're planning to return to the Philippines to wait for your husband then they'll deny your green card because you don't intend to maintain your residence in the US. If you tell the IO that you plan to stay in the US and wait for your husband then they're going to wonder why you want to stay here and not be with your husband when, as you've said, you have no job and no family here. Like I said, triple jeopardy.

There are restrictions on how long a green card holder can be absent from the United States. If the US government ever determines that your primary residence is abroad then your green card will be revoked. CBP can question you about this anytime you enter the US. If you're absent for more than six months then they will look for evidence that you no longer reside in the US. If you're absent for more than a year without first obtaining a reentry permit then they are required to presume you've abandoned your residence, and your status will be revoked. A reentry permit is valid for only two years, so the maximum absence even with a reentry permit is two years. Even with a reentry permit, you're still required to maintain your primary residence in the United States. A reentry permit is only good for overcoming the automatic presumption that you've abandoned your residence.

See how things work out. If you're certain your husband will be going to South Africa, and you're certain you don't want to go with him, and also certain you don't want to stay in the US without him, then withdraw your AOS application. It will be easier on you in the future if you withdraw the AOS application than it would be if the AOS application is denied or abandoned. It demonstrates to the US government that you're trying to play by the rules, even when your circumstances change.

[riri82 8]

Not safe? Really? South Africa has it's problems, but it's a lot safer than many areas in the Philippines. In South Africa you don't have to worry about being kidnapped by Abu Sayyaf or the NPA, or getting bombed by one of these groups if you go near a government building.

Anyway, you have multiple compound problems. If you leave when you get the AP and end up being scheduled for a green card interview then you must return to the US and attend the interview with your husband. If you don't both attend, and you don't have a very good reason for him not being present, then your green card will be denied. If he was in the military and had been deployed to a war zone then that would be a very good reason. If he's being transferred to a foreign country for work then they'll expect him to fly back and attend the interview.

A green card interview in these circumstances is likely to be a little rocky. This is triple jeopardy. A permanent resident is required to reside in the United States. There are exceptions for the spouse of a US military member, the spouse of an employee of the US government, or the spouse of an employee of a US government contractor. Unless you fall into one of these categories, you are required to live in the US in order to get and keep a green card. If you tell the IO that you're planning on moving to South Africa to be with your husband then they'll deny your green card because you don't intend to maintain your residence in the US. If you tell the IO that you're planning to return to the Philippines to wait for your husband then they'll deny your green card because you don't intend to maintain your residence in the US. If you tell the IO that you plan to stay in the US and wait for your husband then they're going to wonder why you want to stay here and not be with your husband when, as you've said, you have no job and no family here. Like I said, triple jeopardy.

There are restrictions on how long a green card holder can be absent from the United States. If the US government ever determines that your primary residence is abroad then your green card will be revoked. CBP can question you about this anytime you enter the US. If you're absent for more than six months then they will look for evidence that you no longer reside in the US. If you're absent for more than a year without first obtaining a reentry permit then they are required to presume you've abandoned your residence, and your status will be revoked. A reentry permit is valid for only two years, so the maximum absence even with a reentry permit is two years. Even with a reentry permit, you're still required to maintain your primary residence in the United States. A reentry permit is only good for overcoming the automatic presumption that you've abandoned your residence.

See how things work out. If you're certain your husband will be going to South Africa, and you're certain you don't want to go with him, and also certain you don't want to stay in the US without him, then withdraw your AOS application. It will be easier on you in the future if you withdraw the AOS application than it would be if the AOS application is denied or abandoned. It demonstrates to the US government that you're trying to play by the rules, even when your circumstances change.

upssss i never mean to say that south afrika is bad , maybe i should mention before, what i meant by not safe is coz the company plan to put my husband at the mining base camp due to his engineering work, so i don't think i'll be able to stay with him there, not really a family place, ....oh ya and also i'm from Indonesia not phil...)-p, smiley face..

anyway, i know that my situation is really complicated now, we really hope the company will consider about the moving, but if the worse case happen, we should get ready thats why i try to find as much info as i could.

if we have to withdraw our application , what is best way to do it ? write a letter or something ? did they will return the fee ? maybe not huh ....

I really appreciate your response JimVaPhuong

[JimVaPhuong 4,863]

upssss i never mean to say that south afrika is bad , maybe i should mention before, what i meant by not safe is coz the company plan to put my husband at the mining base camp due to his engineering work, so i don't think i'll be able to stay with him there, not really a family place, ....oh ya and also i'm from Indonesia not phil...)-p, smiley face..

anyway, i know that my situation is really complicated now, we really hope the company will consider about the moving, but if the worse case happen, we should get ready thats why i try to find as much info as i could.

if we have to withdraw our application , what is best way to do it ? write a letter or something ? did they will return the fee ? maybe not huh ....

I really appreciate your response JimVaPhuong

Ooops! Sorry about that. I don't know why I thought you were from the Philippines.

You can withdraw the application by sending a letter to USCIS. It's best if you can send it to the service center that's adjudicating it. If you don't know where the application currently is then you can make an InfoPass appointment at your local USCIS service center. Make sure you write your case number on the letter and that you sign it. It wouldn't hurt to get your signature notarized.

Once your application has been accepted by USCIS then they won't issue a refund.

[Jack and Barbara 0]

Anyway, you have multiple compound problems. If you leave when you get the AP and end up being scheduled for a green card interview then you must return to the US and attend the interview with your husband. If you don't both attend, and you don't have a very good reason for him not being present, then your green card will be denied. If he was in the military and had been deployed to a war zone then that would be a very good reason. If he's being transferred to a foreign country for work then they'll expect him to fly back and attend the interview.

In which case is the interview required for both persons to attend?

We went through the K-1 process and only my wife had to attend an interview in her home country prior to coming. Here, we had no second interview.

[cdneh 3,112]

In which case is the interview required for both persons to attend?

We went through the K-1 process and only my wife had to attend an interview in her home country prior to coming. Here, we had no second interview.

I think he was talking about an AOS interview. You are thinking about a K1 interview.

Edited March 18, 2012 by cdneh

[SF2007 48]

In which case is the interview required for both persons to attend?

We went through the K-1 process and only my wife had to attend an interview in her home country prior to coming. Here, we had no second interview.

You're confusing two things. Read carefully.

You're talking about your wife's K1 process, OP is asking about the AOS. AOS requires both spouses to attend. If you're adjusting from a K1 it is mandatory for the USC to attend unless there's a special circumstance, like JimVaPhuong explained.

[Jack and Barbara 0]

You're confusing two things. Read carefully.

You're talking about your wife's K1 process, OP is asking about the AOS. AOS requires both spouses to attend. If you're adjusting from a K1 it is mandatory for the USC to attend unless there's a special circumstance, like JimVaPhuong explained.

Definitely not confusing the issues as we did not have an AOS interview here, I would have remembered going to that. I believe the evidence we sent along with the fact that she went through the interview in her home country was sufficient enough.

My link

Seems like a fair number of others did not have an AOS interview

Edited March 18, 2012 by Jack and Barbara