Divorce + PR + travelling home

[megansh 1]

Hi All,

After nearly 4 years of marriage we have filed for divorce (we have been together for over 10+ years). Currently I hold permanent residency which is set to expire in 2021.

My (current) plan is to go home to Australia for a while and regroup with family/friends. Ideally I'd like to come across to the US in December for a vacation and to look for a job and then move back here within the next 12 months.

My questions are:

Do I have to notify USCIS that I am divorcing? (I read somewhere here that I don't have to, but wanted to double check)

Do I need to submit a change of address to USCIS for my Australia address?

At what point is it considered abandonment of PR?

Social security - do I need to tell them anything?

Also, I don't want to even think about changing my name back to my maiden name as yet - any issues with that?

For filing taxes for this year, we will be doing separate - no issues there

Thanks very much for any comments/responses!

[VanessaTony 3,567]

After nearly 4 years of marriage we have filed for divorce (we have been together for over 10+ years). Currently I hold permanent residency which is set to expire in 2021.

My (current) plan is to go home to Australia for a while and regroup with family/friends. Ideally I'd like to come across to the US in December for a vacation and to look for a job and then move back here within the next 12 months.

My questions are:

1. Do I have to notify USCIS that I am divorcing? (I read somewhere here that I don't have to, but wanted to double check)

2. Do I need to submit a change of address to USCIS for my Australia address?

3. At what point is it considered abandonment of PR?

4. Social security - do I need to tell them anything?

5. Also, I don't want to even think about changing my name back to my maiden name as yet - any issues with that?

6. For filing taxes for this year, we will be doing separate - no issues there

1. No.

2. Yes... and no. You cannot "move" back to Australia because that means giving up your GC. You can "visit" Australia but you'll need to maintain a US address in order to maintain your residency.

3. If you move back to Australia and don't maintain your LPR status. There are many posts online about this but you can "visit" Australia for up to 12 months however after you've been out for 6 months you break your continuous residency which matters for when you apply for USC

4. No

5. No

6. No issue

You've been married long enough that you could have applied for USC after 3 years of being an LPR however now that you're getting divorced it's 5 years (minus 90 days). Keep that in mind as it will make life a lot simpler for you.

[grrrrreat 109]

Hi All,

After nearly 4 years of marriage we have filed for divorce (we have been together for over 10+ years). Currently I hold permanent residency which is set to expire in 2021.

My (current) plan is to go home to Australia for a while and regroup with family/friends. Ideally I'd like to come across to the US in December for a vacation and to look for a job and then move back here within the next 12 months.

My questions are:

Do I have to notify USCIS that I am divorcing? (I read somewhere here that I don't have to, but wanted to double check)

Do I need to submit a change of address to USCIS for my Australia address?

At what point is it considered abandonment of PR?

Social security - do I need to tell them anything?

Also, I don't want to even think about changing my name back to my maiden name as yet - any issues with that?

For filing taxes for this year, we will be doing separate - no issues there

Thanks very much for any comments/responses!

Here is good governmental advice regarding abandonment of PR status while traveling abroad: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD

I recommend collecting evidence that your trip to Australia will be temporary, and I recommend also filing for a re-entry permit, if there's any chance at all your trip will last more than a year. (I-131.)

Answers:

1. No.

2. Yes.

3. See the link I provided.

4. No.

5. No issues

6. No issues

It will be very important for you to continue to file U.S. tax returns while you are in Australia, even if you're not earning any money from the U.S. Both LPRs and U.S. citizens are required to file tax returns wherever they may be living (even if the exemption for some foreign income means you don't end up paying anything).

Edited June 20, 2012 by grrrrreat