Jump to content
mjv94

Moving back and forth between US & Aus

10 posts in this topic

Recommended Posts

Hi,

Not sure if this is where i am meant to post this topic but looking for input...

for background reference; 

I moved to the U.S through a k1 visa, now have a green-card (currently conditions removal is pending)
but my husband and I are now considering moving (back) to Australia. He is a u.s citizen/resident so we have started looking at the filing process of the Australian partner visa.

 

My question is; if his visa is approved and we decide to move our lives to australia, do i have the legally abandon my residency here in the u.s and reapply all over again if we ever decide to move back to the u.s? or is there any other ways to hold on to residency? i have seen there is a re-entry permits but they only last 2 years and have read that they are only used for those just travelling and not actually living back home.

 

if you have done the same or has experience moving back and forth, any input would be much appreciated! 

Share this post


Link to post
Share on other sites
3 minutes ago, mjv94 said:

My question is; if his visa is approved and we decide to move our lives to australia, do i have the legally abandon my residency here in the u.s and reapply all over again if we ever decide to move back to the u.s? or is there any other ways to hold on to residency? i have seen there is a re-entry permits but they only last 2 years and have read that they are only used for those just travelling and not actually living back home.

Yes, if you abandon your residency in the US, you will have to start over again from the beginning. There is no way to "hold on" to the residency. The very definition of the word "residency" means to you have to take residence there. If you don't take residence (live) there, then you don't have residency there, do you?

 

The re-entry permit is used for extraordinary circumstances such as severely illness of a family member that requires the US LPR to take care of and like you said, only up to certain amount of time. The LPR also is required to maintain ties to the US such as filing tax returns, and such. 

 

There is no such thing as maintain residency in one place while you live in a different place. 

 

If you become a US citizen, then you can live outside of the US as long as you want. You'll always be able to return to the US. Heck, we even have US citizens who never set foot in the US their whole lives. 
 
 

Share this post


Link to post
Share on other sites

Maintaining a green card means maintaining permanent residency. If you are abandoning permanent residency within the US, then there is no need for a green card.

 

What I would highly suggest for your circumstances is to obtain US citizenship before moving. Then you don't have to maintain US residency and can come/go whenever you want.

You should qualify to apply under the 3 year rule since you are still married to a USC. Given that you are already in ROC, that means there should be less than a year before you can apply. They normally adjudicate both the I-751 and N-400 together if you apply while ROC is still pending.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
23 minutes ago, mjv94 said:

or is there any other ways to hold on to residency?

Even the hail mary option of a Returning Resident (SB-1) immigrant visa might not be available in your case; https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html:

Quote

Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you:

  • Had the status of a lawful permanent resident at the time of departure from the United States;
  • Departed from the United States with the intention of returning and have not abandoned this intention; and
  • Are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.

If that's the case, then a fresh IR-1 spouse visa would be needed.

31 minutes ago, mjv94 said:

do i have the legally abandon my residency here in the u.s and reapply all over again if we ever decide to move back to the u.s?

You don't have formally abandon it but its recommended so that USCIS has a record of official abandonment. It's done by mailing or submitting in person the free Form I-407 to the USCIS Bangkok office once you leave the US: https://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-uscis-bangkok-field-office

 

The best alternative is wait until you become a US citizen based on the 3 year rule.

Share this post


Link to post
Share on other sites
57 minutes ago, geowrian said:

Maintaining a green card means maintaining permanent residency. If you are abandoning permanent residency within the US, then there is no need for a green card.

 

What I would highly suggest for your circumstances is to obtain US citizenship before moving. Then you don't have to maintain US residency and can come/go whenever you want.

You should qualify to apply under the 3 year rule since you are still married to a USC. Given that you are already in ROC, that means there should be less than a year before you can apply. They normally adjudicate both the I-751 and N-400 together if you apply while ROC is still pending.

i have considered naturalization but reading the laws of becoming a u.s citizen and having to renounce my australian citizenship worries me, i have read that its technically not true and there is no formal information on having to physically give up citizenship, is there any things i have to worry about? will i have trouble moving back and forth?

Share this post


Link to post
Share on other sites
7 minutes ago, mjv94 said:

i have considered naturalization but reading the laws of becoming a u.s citizen and having to renounce my australian citizenship worries me, i have read that its technically not true and there is no formal information on having to physically give up citizenship, is there any things i have to worry about? will i have trouble moving back and forth?

I'll defer to somebody more familiar with Australia's laws, but there are only a handful of countries I know of where it actually terminates another country's citizenship. Australia does not stick as one known to be an issue.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
56 minutes ago, mjv94 said:

i have considered naturalization but reading the laws of becoming a u.s citizen and having to renounce my australian citizenship worries me, i have read that its technically not true and there is no formal information on having to physically give up citizenship, is there any things i have to worry about? will i have trouble moving back and forth?

I don't know anything about Australian laws, but as far as the US is concerned, they don't care if you're a citizen of a different country. I have maintained dual citizenship for several years now, carrying both passports. To the government of the US, I am a US citizen and to the government of my home country, I am their citizen. The fact that am also a citizen of a different country, both of them couldn't care less (as long as I continue to fulfill the civic duties as citizens of both countries: paying taxes, .... )

Share this post


Link to post
Share on other sites

You don’t need to renounce your Australian citizenship. When I became a citizen of Australia I was allowed to keep my UK citizenship, it works vice versa. Australian partner visas can take so long (sometimes 2 years) that you’ll be eligible for citizenship in the US by the time it’s sorted.


event.png

 

K1 Timeline

07/23/2018    I-129F sent

07/25/2018    NOA1 email notification

07/30/2018    NOA1 hard copy

12/21/2018    NOA2 hard copy

01/10/2019    NVC Case # assigned

01/22/2019    Left NVC

01/29/2019    Embassy received

01/29/2019    Pkt 3 sent

02/01/2019    Pkt 4 received

02/13/2019    Medical

03/26/2019    Interview

Share this post


Link to post
Share on other sites

I should rephrase that. The only ways to lose your citizenship of Australia as a dual citizen, is if you’re someone who breaks serious laws OR if you choose to renounce it. The US does not require you to renounce it for citizenship, nor does Australia.


event.png

 

K1 Timeline

07/23/2018    I-129F sent

07/25/2018    NOA1 email notification

07/30/2018    NOA1 hard copy

12/21/2018    NOA2 hard copy

01/10/2019    NVC Case # assigned

01/22/2019    Left NVC

01/29/2019    Embassy received

01/29/2019    Pkt 3 sent

02/01/2019    Pkt 4 received

02/13/2019    Medical

03/26/2019    Interview

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×