British Expats

British Expats (https://britishexpats.com/forum/)
-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   Green Card Status - Moving to Australia for 2 years (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/green-card-status-moving-australia-2-years-450959/)

kriskrock May 17th 2007 5:16 pm

Green Card Status - Moving to Australia for 2 years
 
Hi, we all have green cards issued in Dec 2005 and we have now got the chance to leave for Australia for 2-3 years, just wondered if someone could advise us on the implications of the Green Card - keeping house etc...

K&E

scrubbedexpat099 May 17th 2007 5:48 pm

Re: Green Card Status - Moving to Australia for 2 years
 
The obvious answer would be that you would lose them. Is this a US Gov job, do you work for a US Multinational?

How do you intend to maintain the US as your permanent residence?

You do not need a GC to own a house in the US.

kriskrock May 17th 2007 5:58 pm

Re: Green Card Status - Moving to Australia for 2 years
 
hi, i am a brit, been here in USA for 7 years and my company has asked me to relocate to Australia for 2-3 years. I want to come back and hence i need to maintain my staus here

K&E

Rete May 17th 2007 6:15 pm

Re: Green Card Status - Moving to Australia for 2 years
 

Originally Posted by kriskrock (Post 4794162)
hi, i am a brit, been here in USA for 7 years and my company has asked me to relocate to Australia for 2-3 years. I want to come back and hence i need to maintain my staus here

K&E


You might or might not lose your residency status. Suggest you have a consultation with an immigration attorney well versed in this subject before going off.

Also if you lose your residencys status, the company will just have to reapply for the same visa that allowed you to live and work in the US the first time.

scrubbedexpat099 May 17th 2007 7:05 pm

Re: Green Card Status - Moving to Australia for 2 years
 

Originally Posted by kriskrock (Post 4794162)
hi, i am a brit, been here in USA for 7 years and my company has asked me to relocate to Australia for 2-3 years. I want to come back and hence i need to maintain my staus here

K&E

Get Citizenship before you leave is the only certainty.

I would add to Rete's comment that there are not that many Lawyers well versed in this area and their opinion may or may not be the case when shove comes to push.

Jozef May 17th 2007 8:27 pm

Re: Green Card Status - Moving to Australia for 2 years
 
"kriskrock" <[email protected]> wrote in message
news:[email protected] m...
>
>> The obvious answer would be that you would lose them. Is this a US Gov
>> job, do you work for a US Multinational?
>>
>> How do you intend to maintain the US as your permanent residence?
>>
>> You do not need a GC to own a house in the US.
>
> hi, i am a brit, been here in USA for 7 years and my company has asked
> me to relocate to Australia for 2-3 years. I want to come back and hence
> i need to maintain my staus here

Three years won't work. There's no guarantee, but anything up to two years
should work.

- Apply for a re-entry permit (I-131) and do not leave the US before you
have it in your hand;
- Maintain a US residence;
- File non-resident tax returns with the IRS every year.
- Return to the US before the I-131 expires;
- Apply for a new I-131 and wait until you've got it before you leave again.

The third time you try this, USCIS will probably only agree to a 1 year
I-131.

Note that the citizenship "Continuous Residency" requirement clock will be
reset if you are away for more than a year.

There's really not all that much else an immigration attorney can tell you.
And they won't give you a guarantee that it will work either. But they will
keep your money.


Jozef

Noorah101 May 17th 2007 8:59 pm

Re: Green Card Status - Moving to Australia for 2 years
 

Originally Posted by Jozef (Post 4794732)
"- Apply for a re-entry permit (I-131) and do not leave the US before you
have it in your hand;

I don't think the Re-entry permit has to be in-hand before you leave the USA. The AP does, yes, but as long as the Re-entry permit is applied for in the USA, the applicant can then leave the USA and have someone send them the Re-entry permit. He does have to return to the USA before it expires, though.

Rene

Jozef May 17th 2007 9:57 pm

Re: Green Card Status - Moving to Australia for 2 years
 
"Noorah101" <[email protected]> wrote in message
news:[email protected] m...
>
>> - Apply for a re-entry permit (I-131) and do not leave the US before
>> you
>> have it in your hand;
>> - Maintain a US residence;
>> - File non-resident tax returns with the IRS every year.
>> - Return to the US before the I-131 expires;
>> - Apply for a new I-131 and wait until you've got it before you leave
>> again.
>>
>
> I don't think the Re-entry permit has to be in-hand before you leave the
> USA. The AP does, yes, but as long as the Re-entry permit is applied
> for in the USA, the applicant can then leave the USA and have someone
> send them the Re-entry permit. He does have to return to the USA before
> it expires, though.
>

Mmmm, you're right. Thanks for pointing that out. Yes, I did think it was
like the AP in that regard!

Jozef

kriskrock May 18th 2007 12:04 am

Re: Green Card Status - Moving to Australia for 2 years
 
Guys,

As always great advice and i will sort out the I-131. My job will mean frequent trips back to USA during this time out of the country. We will also maintain our current house and Tax return will not be a problem

Once again this site and those that help to provide the information rocks...

Kind regards

Chris Elaine and Family


All times are GMT. The time now is 8:28 pm.

Powered by vBulletin: ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.