Potentially moving out of the USA for a job opportunity while my wife is still a conditional permanent resident

[CG DK 0]

Hello,

 

I am considering a position in Australia that would basically be a once in a lifetime opportunity for me, but my wife hasn't yet received her permanent resident status without conditions yet. She entered the country with a K-1 back in January of 2024, and received her conditional 2 year green card shortly after that. So, I won't be able to file for removal of conditions until this upcoming March, which is around the same time that the transfer for the job opportunity would take place. Has anyone gone through this before, and what steps would you suggest I take? 

[Moda25 87]

Even if she is able to remove the condition, without citizenship, how do you intend for her to keep her permanent residence status? Green card doesn’t allow one to stay out of the US for too long.

[garebear397 111]

40 minutes ago, CG DK said:

Hello,

 

I am considering a position in Australia that would basically be a once in a lifetime opportunity for me, but my wife hasn't yet received her permanent resident status without conditions yet. She entered the country with a K-1 back in January of 2024, and received her conditional 2 year green card shortly after that. So, I won't be able to file for removal of conditions until this upcoming March, which is around the same time that the transfer for the job opportunity would take place. Has anyone gone through this before, and what steps would you suggest I take? 

We were in a very similar position, my wife had her (first) green card for about 20 months when we ended up moving to her home country for the next 5 years. So we didn't end up applying for ROC, because we knew we wouldn't be returning anytime "soon" (as in within 2 years to potentially use a reentry permit), plus then with ROC you have to put you are still living in the US, go to an interview, etc. -- so didn't seem worth doing anything that could be viewed as fraudulent just to try to keep her green card. 

 

A few months after moving, we also filed her i407 (Abandonment of Green Card), which not everyone says you should do. But we have found it very useful, because in subsequent visa interviews (first for a tourist visa, then for her second green card) and border crossings they have asked for it and she has shown it, basically to "prove" she has been following the rules and not trying to maintain her green card while not living in the US. 

 

Now your dates are a bit closer (and we have never done ROC, so I don't know all the details or timelines), so maybe there is a path apply for ROC just to keep the option open (especially if you end up moving back to the US within a year or two), but you would probably face issues the first time your spouse tries to visit the US after being outside for a long time. So my recommendation would be just to leave, abandon the green card so your wife can get a tourist visa to be able to visit the US, and if or when you decide to come back to the US you will just apply for a new IR1 visa (won't need to do ROC after). It is annoying to do the process twice, but it just takes long term planning and patience -- and I don't regret at all our decision to move at the time, or how we proceeded with visas and residency processes. 

[Dashinka 26,275]

You need to do what is best for your family.  As @garebear397 laid out, the cleanest way is to have her give up her GC (I407), and then if a return to the US comes up in the future, you can go through the spousal visa process again (DCF might be an option at that point).  I assume when you say she can file the I751 in March, that is the beginning of the 90 day period to file that form.

 

Good Luck!

[mam521 2,780]

22 hours ago, CG DK said:

I am considering a position in Australia that would basically be a once in a lifetime opportunity for me

How long is the position for?  You'll be subject to an Australian visa for your work.  Additionally, does your spouse qualify for an Aussie visa and what type?  You're talking about taking your partner, who already moved from their home country to be in your home country to move AGAIN to another new country.  Lots to unpack here.  Remember, you are in a partnership now and just because it's a great opportunity for you doesn't mean it is for her.  It's not just about you anymore; it has to be the best opportunity for BOTH of you.  

[Ontarkie 15,071]

~~Moved to Working and Traveling During Immigration~~