So confused, moving to Australia after AOS

[Gul2015 1]

Hi all, Im sorry if im posting this in the wrong forum but I really need some help and guidance. I am a Pakistani citizen living in Pakistan married to a US citizen living in US. We have applied for the IR-1/CR-1 spouse visa. Currently our I-130 has been approved, case has been received by the NVC on July 17 and we are waiting for our case number to be assigned so we may proceed with the remaining process. The problem is that my husband has gotten a job in Australia and they are willing to sponsor us through the 457 work visa. This whole process(457 visa) will take 2-3 months to complete and we will probably be going to Australia by the time we are done with the NVC part of the process (AOS etc). We plan on staying in Australia for at least 2-3 years. My question is where will this leave our current IR-1/CR-1 visa status? Will it all get cancelled and we will have to reapply for the whole process when we plan on moving back to the US?Is their anyway we can put the process on hold or carry on with the process from Australia? Thank you in advance.

[aaron2020 11,651]

Hi,

A green card is for living in the US. If you are going to Australia by the time you are done at the NVC, then the US Embassy will deny the immigrant visa.

You can not put the process on hold for 2-3 years. You can not continue the process in Australia. You can reapply.

[katze101 4]

You can drag the NVC process out for 2-3 years, just need to maintain contact at least once every 12 months I think it is. So don't rush things now.

Enjoy Australia! I came over 5 years ago on a 457 and am getting ready to move back in a couple months.

[Gul2015 1]

Hi,

A green card is for living in the US. If you are going to Australia by the time you are done at the NVC, then the US Embassy will deny the immigrant visa.

You can not put the process on hold for 2-3 years. You can not continue the process in Australia. You can reapply.

Hi, thanks alot! Can I cancel the whole process so that I don't have a visa denial in my records?

You can drag the NVC process out for 2-3 years, just need to maintain contact at least once every 12 months I think it is. So don't rush things now.

Enjoy Australia! I came over 5 years ago on a 457 and am getting ready to move back in a couple months.

Hi! Thanks alot! Do you have any ideas on how I can drag the whole process out for 2- 3 years? We really dont want to start all over again! Will moving to Australia and in turn my husbands domicile being changed make them deny my US visa?

I have visited Australia twice in the past 2 years and I love it. Me and my husband got married there in fact

[katze101 4]

Hi! Thanks alot! Do you have any ideas on how I can drag the whole process out for 2- 3 years? We really dont want to start all over again! Will moving to Australia and in turn my husbands domicile being changed make them deny my US visa?

I have visited Australia twice in the past 2 years and I love it. Me and my husband got married there in fact

Hopefully someone that has a better idea can chime in on specifics but from what I've read you just take your time on doing things and don't rush. So wait for the NVC welcome letter, don't bother calling. After you get that letter you have a year to take the first step. And then you can take up to a year between each step.

Domicile isn't an issue. He just needs to maintain ties to the US. Bank accts, credit cards, a house if he owns one. Then it's just a letter to show that he has maintained his domicile in the AOS packet.

[katze101 4]

As I said I've been here 5 years. We're currently in the middle of this process for my Aussie hubby and I see no reason why they will not approve me as I have maintained my ties there and will be moving back at the same time or before he does.

[Gul2015 1]

As I said I've been here 5 years. We're currently in the middle of this process for my Aussie hubby and I see no reason why they will not approve me as I have maintained my ties there and will be moving back at the same time or before he does.

Ok thanks alot for your input and good luck!!

Does anyone else have any input that may be/have been in a similar situation? I'd really appreciate it!

[Shauneg 762]

Once approved the petition never expires....just don't go interview and let them know you're putting it on hold for now... You can finish the process 10 years from now if you wanted...obviously you'd have to interview and have updated documents at that time.

Edited July 27, 2015 by Shauneg

[Jawaree 718]

Finish the process, enter the US then u can apply for re-entry (so U can stay out for 2yrs)

Pause your i 130 approval at NVC & contact them annually to keep it alive

[Cathi 5,770]

Once approved the petition never expires....just don't go interview and let them know you're putting it on hold for now... You can finish the process 10 years from now if you wanted...obviously you'd have to interview and have updated documents at that time.

no, you cannot simply put it on hold by telling them to put it on hold. Immigration doesn't work that way.

[Shauneg 762]

no, you cannot simply put it on hold by telling them to put it on hold. Immigration doesn't work that way.

You're right it isn't that simple as they would have to let NVC know or drag their interview date, but they need six months...

[katze101 4]

http://www.visajourney.com/forums/topic/520161-delaying-the-immigration-process-at-what-stage/. This thread explains it pretty well. Basically, after you get NVC welcome letter, wait almost a year and submit DS-261. Wait almost another year and submit AOS fee. Wait almost a year and submit IV and AOS packets and be finished with NVC. Then interview and you could reschedule with the consulate if you still need a couple extra months. You might want to contact NVC at some point (no rush, I do it right before submitting the AOS and IV packets) and look into the possibility of interviewing in Australia or if you'll have to go back to Pakistan.

[Gul2015 1]

http://www.visajourney.com/forums/topic/520161-delaying-the-immigration-process-at-what-stage/. This thread explains it pretty well. Basically, after you get NVC welcome letter, wait almost a year and submit DS-261. Wait almost another year and submit AOS fee. Wait almost a year and submit IV and AOS packets and be finished with NVC. Then interview and you could reschedule with the consulate if you still need a couple extra months. You might want to contact NVC at some point (no rush, I do it right before submitting the AOS and IV packets) and look into the possibility of interviewing in Australia or if you'll have to go back to Pakistan.

Thank you so so much, I really appreciate it because some of the suggestions were really confusing me! Seems like we'll be doing just like you suggested! Btw do we have to update our address with USCIS/NVC when we move to Australia? I hope doing that wont jeopardize our visa process.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[Anh map 2,098]

Not completing the process does not result in a denial. There would not be a negative note in your file. If your spouse was to file another petition for you and you two were asked about the first you simply tell the truth: we moved to Oz for a few years. Life happens, Nothing to worry about.