Question on Abandoning AoS and Re-Entering the US

[VanillaCoke 0]

In February I was finally able to enter the US to get married after going through the K1 process. But I'm not adjusting well - mostly, I am just a lot more homesick than I expected to be and not sure if I can make it here. Please no judgements on this, I already feel pretty stupid for not realising I'd feel this way and having my husband move to Australia instead in the first place (he even offered!)

That is what we are looking at now though. We filed for AoS (as well as EAD/AP) a few weeks ago, and want to start the Australian spouse visa process ASAP as it may take a while, but this means I'll likely be out of the country before my green card is issued. I will want to return to the US for holidays though in the future.

So here is my question: what should I do about my pending AoS to ensure I don't have difficulty entering the country again in the future using the VWP?

I've been researching this for a while and have found varying accounts. Some people have said if I simply abandon the AoS process my green card will be denied and I will be 'deportable' and receive a ban on entering the country for 10 years. That seems drastic but I don't want to take any risks. I've also read that I could withdraw the AoS application but I want to stay in the country until my husband is able to enter Australia on a spouse visa - being separated for months at a time, again, seems unbearable. If I withdraw my AoS application, will I have to leave the country immediately? This seems quite possible :/

Thanks in advance to anyone who can help!

[Hypnos 6,579]

If your green card is issued before you depart the US for Australia (permanently), hold onto it and then surrender it in Australia by filing an I-407 (abandonment of permanent resident status: http://photos.state.gov/libraries/164203/dhs/I-407.pdf) with the US post having jurisdiction over your Australian residence.

If your I-485 is still pending at the time you are due to depart the US, simply formally withdraw it by sending a written request to do so to the service centre or local office where it is currently being processed.

Either of these will preserve your ability to use the VWP (provided you are otherwise eligible for it) in the future.

Edited May 28, 2014 by Hypnos

[VanillaCoke 0]

Thanks so much this is exactly what I needed to know

[Kiwinyc 62]

No judging (I am an NZ/Australian dual citizen) but moving to Chicago in Feb is a tough move, I remember my first winter in NYC, I hated how cold it was, I had no clue how to layer up and dress properly and I felt trapped indoors and just wanted to hde. The Chicago winter is even worse from what I've been told.

And its only been 3 months. They say it can take up to 2 years before you feel fully settled.

I've contemplated moving back to Australia with my US spouse one day but even just the Visa for him alone is sooooo expensive...!

[Clair 6]

My Aussie husband and I are planning to move back to Oz after he'll get naturalized here in the US: we want to keep all the doors open. Right now moving to Australia appears to be a right move, but who knows what does the future hold?

[VanillaCoke 0]

Oh Chicago is just the place the AoS was filed. I'm in sunny California and it's not being here I don't like, it's being away from my family.

I know it's not been that long. But my husband wants to make the move as soon as possible because otherwise it's just more of a delay in getting settled. I have the feeling I'll never be really happy here and the longer we stay here the harder it will be to move since we'll be more established here. I mean what if we stay and I am never happy? I am pretty conflicted about this. I want to be home so much but I also want to make it work here. However, I just don't feel like I can I am just so lucky my husband doesn't hate me for this because it is such a waste of money and time, not to mention super stressful.

And yes the Australian spouse visa is super expensive, around $3000 :/ But he'd have full working rights right away and access to Medicare and there's no extra fee for the Australian version of AoS, so that's something I guess? :/

[Clair 6]

Sunny California is a mess. I've been living in LA for almost 20 years. It's still a love-hate relationship. And even although I did not fall in love with Australia, a lot of things there bug and annoy me, I realize it's a right thing to do - to make a move. Don't feel bad for wanting to go home. Listen to your guts.

[kehills 217]

VanillaCoke, you might want to check with an Aussie immigration lawyer, as that doesn't match information we were given so far as, well, a lot. (And I know someone who has immigrated a partner to Australia, and that doesn't match what his experience was, either, for cost, time to work, etc.)

[PhilLuv 43]

Hopefully your husband doesn't feel the same when he relocate to Oz. It is always a challenge to settle in a new place.