The Cookes

Hey Guys,

It seems like ages since I've actually had the time to pop in here. Which is also a
nice thing, because it means things have been going great, and even paperwork wise,
very smoothly. However, I have a huge question here now..

My husband lost his job back in March, and has yet to find work. He's originally from
Australia. The opportunity has come to us where we could move there for a while,
basically as long as we wanted. However, while we don't want to give up on all the
hard work, and money, and so on, that we've put into his visa here. With a child and
grandparents and other relatives in both countries this could be the opportunity to
live lives in both countries.

However, what are the stipulations for that?? I know my husband can now move about
the country/world as if he were a citizen, all though he can't vote and so on. But we
have all most a year to go before we'd need to send in the paperwork to remove the
Conditional term. Anyone have any clues on this issue?

Basically what we need to know is the following: Could my husband, if we so choose,
leave this country for any length of time? If we move to Australia we'd more then
likely live there at least a year, if not two, before making any descions to move
back. And, if things work out we may end up living here for some time and then
there.. split the year or something.. Is this possible before the conditional term
is removed??

I'm going to include my e-mail address because I always have a hard time finding my
own posts on here! hehe So if anyone has any clues or knows where I can look/call to
find out please e-mail or reply!: )

Thanks guys you're always a HUGE help,

The Cookes

Andy Platt

"The Cookes" <[email protected]> wrote:

    > Basically what we need to know is the following: Could my husband, if we
so
    > choose, leave this country for any length of time? If we move to
Australia
    > we'd more then likely live there at least a year, if not two, before
making
    > any descions to move back. And, if things work out we may end up living here for
    > some time and then there.. split the year or something.. Is this possible before
    > the conditional term is removed??

He can leave for six months without any problems, up to a year if he can show proof
that he has maintained a residence in the US and would need a re-entry permit for
over a year (up to a limit on two years). The rules say that if you are out of the
country when you need to file the I-751 you must file upon your return though your
return can be complicated since the greencard would have expired.

Really, if you are living for a year or two it's best to just abandon the current
greencard and then file everything through the consulate (DCF) when you are ready
to return.

Andy.

--
I'm not really here - it's just your warped imagination.

The Cookes

Okay here's a question : ) I'm so full of them hehe.. The Australian visa would take
some 3-6 months to file and then get word of an approval blah blah.. in that amount
of time we'd only be left with maybe 6 months on our plate before hubby would need to
file for his 1-751. I'm presuming we can't post it in from over there. Can we mail it
in an extra 90 days early? LOL .. I mean if we have to post it in 90 days before the
first greencard expires, then if we send it in 120 days early LOL?? The other
question would be.. Andy, if we decide to just abandon it and start over when we get
back, would that litterally mean STARTING over?? Wouldn't that be just as hard having
to explain to them why we did that.

Once his conditional status is removed will he need a form to get back in the country
if he's gone more then 6 months? Would it be the same only gone for up to 2 years?
And if so how long does he have to return for?? : )

Thanks for the help!!

Kendra & Lawrence Cooke

Rete

It is unfortunate that you can't apply earlier than the 90 days before expiration. But no, you can't. If you tried, it would just be kicked back to you.

In reality the issue is not the conditions on the card. Whether the card was 2 year or 10 year, the problem would be the same. You can't have residency in another country for more than one year's time without losing your green card. That plus the fact that you as a spouse would be applying to the Australian government for a residency visa would show the US INS that the US was no longer your principal place of residency.

The only way for you to be dual country residents is to be citizens of the US and for now that is not an option for your husband. He has not been a PR nor married long enough (3 years for both) to qualify for naturalization. His government will not accept his dual citizenship and he will have to renounce the US one if he wanted to remain a citizen of Australia.

As for starting over, yes you will be. BUT and it is a big BUT ... the process for you and him would be super easy because if things stay the way they are at present, you can direct consular file with the US Consulate in Oz and be granted residency in a few short weeks. Also because your marry by that time would be over three years in length, he would then be a full permanent resident of the US.

So if living, working and loving in Australia is a possibility and you want the adventure, go for it. Don't let a little thing like a green card lose stop you because to get a new one if you remain married is not a hard thing to do from Australia.

Rete

Chris Parker

    > Andy, if we decide to just abandon it and start over when we get back, would that
    > litterally mean STARTING over?? Wouldn't that be just as hard having to explain to
    > them why we did that.

If you're going to be living in another country for 6months/1year, you have a break
in continuous presence for naturalization purposes anyway.

The visa you would get if you want to return one day would either be a returning
resident special immigrant visa most likely. Yes, it is like starting all over, but
so too is removal of conditions like starting all over again (except you can claim
continuous residence).

CP

Stephen Gallagh

(snip)
    > His government will not accept his dual citizenship and he will have to renounce
    > the US one if he wanted to remain a citizen of Australia.

Actually, beginning in April 2002, Australian adults who voluntarily acquire another
citizenship no longer lose their Australian citizenship. They can now keep both.

Stephen Gallagher

Marcia

I know I have asked this in the past but I am a bit "Thick" when it comes to the INS.

I will be moving to Aruba with my husband in a few months. It is easy for me to move
there, I (and our 2 kids) will obtain citizenship because I am married to a citizen.
That is the easy part.

I was going to apply for a re-entry permit for my husband but I do believe we are
going to be there a lot longer than a year or two (if everything goes as expected).
So, if we ever need to come back to the states to live, a direct file (I30) would be
our best bet?

Do we just not file the 751? Just kind of forget it or do we need to notify the INS?

We were going to file and apply for a re-entry but this seems to make more sense.

Any suggestions?

Thanks.

Rete <[email protected]> wrote in message
news:<[email protected]>...
    > It is unfortunate that you can't apply earlier than the 90 days before expiration.
    > But no, you can't. If you tried, it would just be kicked back to you.
    >
    > In reality the issue is not the conditions on the card. Whether the card was 2 year
    > or 10 year, the problem would be the same. You can't have residency in another
    > country for more than one year's time without losing your green card. That plus the
    > fact that you as a spouse would be applying to the Australian government for a
    > residency visa would show the US INS that the US was no longer your principal place
    > of residency.
    >
    > The only way for you to be dual country residents is to be citizens of the US and
    > for now that is not an option for your husband. He has not been a PR nor married
    > long enough (3 years for both) to qualify for naturalization. His government will
    > not accept his dual citizenship and he will have to renounce the US one if he
    > wanted to remain a citizen of Australia.
    >
    > As for starting over, yes you will be. BUT and it is a big BUT ... the process for
    > you and him would be super easy because if things stay the way they are at present,
    > you can direct consular file with the US Consulate in Oz and be granted residency
    > in a few short weeks. Also because your marry by that time would be over three
    > years in length, he would then be a full permanent resident of the US.
    >
    > So if living, working and loving in Australia is a possibility and you want the
    > adventure, go for it. Don't let a little thing like a green card lose stop you
    > because to get a new one if you remain married is not a hard thing to do from
    > Australia.
    >
    > Rete

Rete

Mr. Parker mentions:

"The visa you would get if you want to return one day would either be a returning
resident special immigrant visa most likely. Yes, it is like starting all over, but
so too is removal of conditions like starting all over again (except you can claim
continuous residence).

CP"

I've never heard of a ~returning resident special immigrant visa~ and if there is such a thing, don't know what the criteria would be for obtaining one.

I do know that the INS considers the AOS abandoned if one is out of the US living, working, and pursuing happiness for longer than a year in a country other than the US. Since both you and your children will be residing in this foreign country with him for one or more years, I am assuming that INS is going to view your husband's premanent residency in just that manner. I don't know if Arbua will do DCF but I would think that you would need to reapply for his residency once again if you wish to return to the US. Why not take the time and contact a good immigration attorney and find out the true particulars so you are forearmed and forewarned.

Mrtravel

Forget it. File I-130 when you plan to return. By that time, you will not have to
worry about conditional status.

marcia wrote:
    >
    > I know I have asked this in the past but I am a bit "Thick" when it comes to
    > the INS.
    >
    > I will be moving to Aruba with my husband in a few months. It is easy for me to
    > move there, I (and our 2 kids) will obtain citizenship because I am married to a
    > citizen. That is the easy part.
    >
    > I was going to apply for a re-entry permit for my husband but I do believe we are
    > going to be there a lot longer than a year or two (if everything goes as expected).
    > So, if we ever need to come back to the states to live, a direct file (I30) would
    > be our best bet?
    >
    > Do we just not file the 751? Just kind of forget it or do we need to notify
    > the INS?
    >
    > We were going to file and apply for a re-entry but this seems to make more sense.
    >
    > Any suggestions?
    >
    > Thanks.
    >
    > Rete <[email protected]> wrote in message
    > news:<[email protected]>...
    > > It is unfortunate that you can't apply earlier than the 90 days before
    > > expiration. But no, you can't. If you tried, it would just be kicked back to you.
    > >
    > > In reality the issue is not the conditions on the card. Whether the card was 2
    > > year or 10 year, the problem would be the same. You can't have residency in
    > > another country for more than one year's time without losing your green card.
    > > That plus the fact that you as a spouse would be applying to the Australian
    > > government for a residency visa would show the US INS that the US was no longer
    > > your principal place of residency.
    > >
    > > The only way for you to be dual country residents is to be citizens of the US and
    > > for now that is not an option for your husband. He has not been a PR nor married
    > > long enough (3 years for both) to qualify for naturalization. His government will
    > > not accept his dual citizenship and he will have to renounce the US one if he
    > > wanted to remain a citizen of Australia.
    > >
    > > As for starting over, yes you will be. BUT and it is a big BUT ... the process
    > > for you and him would be super easy because if things stay the way they are at
    > > present, you can direct consular file with the US Consulate in Oz and be granted
    > > residency in a few short weeks. Also because your marry by that time would be
    > > over three years in length, he would then be a full permanent resident of the US.
    > >
    > > So if living, working and loving in Australia is a possibility and you want the
    > > adventure, go for it. Don't let a little thing like a green card lose stop you
    > > because to get a new one if you remain married is not a hard thing to do from
    > > Australia.
    > >
    > > Rete