Moving to home country for 1 year - need advice

[Katya7]

Hi guys!

I feel that I need to move to my home country for a year because my parents are in a bad health and I feel that I need to be there. My husband will go with me, he always supports me.

I have a pending AOS application - PD is 10/16/17 (married 7/29/17). I could wait to receive my 2-year GC, but there is no reason to wait if they consider it abandoned.
I am wondering how difficult it would be to start over.. Have anyone done this?
I will probably have to apply for AOS from my home country. Then I will have to get to the country (fiance visa or what would let me get back?) and wait for EAD, right? Which means I won't be working for about 6 monthgs... I might be able to get 10year GC and then apply for US citizenship.

I know it is going to be a headache, but this is what I might have to do.

Could you guys please help to figure out what I will need to do in case we leave and how long that would take us to start over?

I will appreciate your help!
Thank you.

[UScitizenFilingforspouse]

Hi guys!

I feel that I need to move to my home country for a year because my parents are in a bad health and I feel that I need to be there. My husband will go with me, he always supports me.

I have a pending AOS application - PD is 10/16/17 (married 7/29/17). I could wait to receive my 2-year GC, but there is no reason to wait if they consider it abandoned.
I am wondering how difficult it would be to start over.. Have anyone done this?
I will probably have to apply for AOS from my home country. Then I will have to get to the country (fiance visa or what would let me get back?) and wait for EAD, right? Which means I won't be working for about 6 monthgs... I might be able to get 10year GC and then apply for US citizenship.

I know it is going to be a headache, but this is what I might have to do.

Could you guys please help to figure out what I will need to do in case we leave and how long that would take us to start over?

I will appreciate your help!
Thank you.

Sorry to hear about your parents. You wouldn't necessarily have to start over. You would just withdraw the I-485 and inform USCIS you'd like to opt for consular processing. Thus, you would not have to withdraw the I-130. You might even get your green card faster this way.

You would not pursue a fiance visa, since you are already married. You would be looking at a CR-1 (Conditional resident) or IR-1 (Immediate relative) immigrant visa. That would depend upon when you enter the US. Say that you get approved for a CR-1 because you've been married for less than 2 years by the time the visa is issued. Then, you have 6 months (I think) to come to the US with your CR-1. At the port of entry, the CBP agent would interview you. If you've been married for 2 years at the time of entry, the CBP agent must reclassify you as IR-1 so that a 10 year green card is issued, instead of the 2 year conditional green card. It happens often that CBP agents miss this and do not reclassify the immigrant. Then, a 2 year green card is issued by mistake.

That's the gist of it. I would set up a free consultation with an attorney, and ask as many questions as you can.

All the best.

[azblk]

Hi guys!

I feel that I need to move to my home country for a year because my parents are in a bad health and I feel that I need to be there. My husband will go with me, he always supports me.

I have a pending AOS application - PD is 10/16/17 (married 7/29/17). I could wait to receive my 2-year GC, but there is no reason to wait if they consider it abandoned.
I am wondering how difficult it would be to start over.. Have anyone done this?
I will probably have to apply for AOS from my home country. Then I will have to get to the country (fiance visa or what would let me get back?) and wait for EAD, right? Which means I won't be working for about 6 monthgs... I might be able to get 10year GC and then apply for US citizenship.

I know it is going to be a headache, but this is what I might have to do.

Could you guys please help to figure out what I will need to do in case we leave and how long that would take us to start over?

I will appreciate your help!
Thank you.

What is your status right now? are you out of status? if so for how long? the reason I ask is there is unlawful presence bars. Basically is you have been out out status for more than 6 moths but less than a year you have a 3 year ban and if you have more than 1 year then your ban is 10 years. Not sure if you considered this.

[Katya7]

Sorry to hear about your parents. You wouldn't necessarily have to start over. You would just withdraw the I-485 and inform USCIS you'd like to opt for consular processing. Thus, you would not have to withdraw the I-130. You might even get your green card faster this way.

You would not pursue a fiance visa, since you are already married. You would be looking at a CR-1 (Conditional resident) or IR-1 (Immediate relative) immigrant visa. That would depend upon when you enter the US. Say that you get approved for a CR-1 because you've been married for less than 2 years by the time the visa is issued. Then, you have 6 months (I think) to come to the US with your CR-1. At the port of entry, the CBP agent would interview you. If you've been married for 2 years at the time of entry, the CBP agent must reclassify you as IR-1 so that a 10 year green card is issued, instead of the 2 year conditional green card. It happens often that CBP agents miss this and do not reclassify the immigrant. Then, a 2 year green card is issued by mistake.

That's the gist of it. I would set up a free consultation with an attorney, and ask as many questions as you can.

All the best.

Thank you so much for your answer!
The uncertanty is the most annoying thing about this process and we will try to get a free consultation with an attorney.
I will ask you some more questions if you don't mind..
If we leave, when we should withdraw I-485 and opt for consular processing?
Should we start working on that as soon as we get to my country or is it better to wait?
It will be about 2.5 years after marriage when we will be returning to US, which probably means I could apply to IR-1 at that point.
If I get accepted at the post of entry by CBP, does that mean that I would not need to do interview in the US?
If we will be getting back in 3 years after marriage, would I be able to apply to US citizenship right away or would I have to be a US permanent resident for 3 years to do that?

Thank you very very much!!! Your help is huge!

[azblk]

Thank you so much for your answer!
The uncertanty is the most annoying thing about this process and we will try to get a free consultation with an attorney.
I will ask you some more questions if you don't mind..
If we leave, when we should withdraw I-485 and opt for consular processing?
Should we start working on that as soon as we get to my country or is it better to wait?
It will be about 2.5 years after marriage when we will be returning to US, which probably means I could apply to IR-1 at that point.
If I get accepted at the post of entry by CBP, does that mean that I would not need to do interview in the US?
If we will be getting back in 3 years after marriage, would I be able to apply to US citizenship right away or would I have to be a US permanent resident for 3 years to do that?

Thank you very very much!!! Your help is huge!

You have to have been a permanent resident for 3 years to apply for apply for citizenship.

Personally i think you are better off waiting for advance parole and then leaving on advance parole and returning for interview rather than withdrawing your i-485.

[UScitizenFilingforspouse]

Thank you so much for your answer!
The uncertanty is the most annoying thing about this process and we will try to get a free consultation with an attorney.
I will ask you some more questions if you don't mind..
If we leave, when we should withdraw I-485 and opt for consular processing?
Should we start working on that as soon as we get to my country or is it better to wait?
It will be about 2.5 years after marriage when we will be returning to US, which probably means I could apply to IR-1 at that point.
If I get accepted at the post of entry by CBP, does that mean that I would not need to do interview in the US?
If we will be getting back in 3 years after marriage, would I be able to apply to US citizenship right away or would I have to be a US permanent resident for 3 years to do that?

Thank you very very much!!! Your help is huge!

I believe you withdraw your I-485 right before leaving, and confirm that it has been received, etc. You don't want a record of abandoning it.
You would opt for consular processing from here.
Yup, if you get to the interview at the Embassy at the 2.5 year mark of your marriage, then you would get the IR-1 right away. I just wanted you to know that if you get the CR-1 right before your 2nd year anniversary of marriage, and then enter the United States AFTER your 2nd anniversary, that you should point that out to the CBP agent. They miss that every now and then. It happens often enough that it is noted on the Policy manual.

The "interview" with the CBP agent is not another full fledged interview. It's just you handing out this big envelope from the Embassy with all your paperwork and your immigrant visa. They confirm your physical and mailing address. Remind you to pay your immigrant fee ASAP, if you haven't yet.

You have to meet the continuous presence/residency requirement for citizenship. There are exceptions, like if your spouse works for a government agency and is stationed abroad, or if your spouse is in the military. But for your garden variety applicant, you have to meet the 3 year residence requirement; i.e., your permanent address is on US soil.

[Katya7]

I believe you withdraw your I-485 right before leaving, and confirm that it has been received, etc. You don't want a record of abandoning it.
You would opt for consular processing from here.
Yup, if you get to the interview at the Embassy at the 2.5 year mark of your marriage, then you would get the IR-1 right away. I just wanted you to know that if you get the CR-1 right before your 2nd year anniversary of marriage, and then enter the United States AFTER your 2nd anniversary, that you should point that out to the CBP agent. They miss that every now and then. It happens often enough that it is noted on the Policy manual.

The "interview" with the CBP agent is not another full fledged interview. It's just you handing out this big envelope from the Embassy with all your paperwork and your immigrant visa. They confirm your physical and mailing address. Remind you to pay your immigrant fee ASAP, if you haven't yet.

You have to meet the continuous presence/residency requirement for citizenship. There are exceptions, like if your spouse works for a government agency and is stationed abroad, or if your spouse is in the military. But for your garden variety applicant, you have to meet the 3 year residence requirement; i.e., your permanent address is on US soil.

Thanks for your answer!

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You have to have been a permanent resident for 3 years to apply for apply for citizenship.

Personally i think you are better off waiting for advance parole and then leaving on advance parole and returning for interview rather than withdrawing your i-485.

I have an advance parole and could do that. However, I think if a person leaves for more then 6 months in 1 year, then he abandons his application...

[azblk]

Thanks for your answer!

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I have an advance parole and could do that. However, I think if a person leaves for more then 6 months in 1 year, then he abandons his application...

I have never heard that anywhere. Where are you getting this from?

[UScitizenFilingforspouse]

Thanks for your answer!

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I have an advance parole and could do that. However, I think if a person leaves for more then 6 months in 1 year, then he abandons his application...

Katya7,

azblk makes a good point. If the move is labeled as temporary, then you could just use your parole. I would suggest booking a free consultation with an immigration attorney and discussing all your options.

All the best.

[Katya7]

I have never heard that anywhere. Where are you getting this from?

I thought the lawyer on the initial consultation has mentioned this, but it was 9 months ago... Maybe I am mistaken. We are going to have a consultation with lawyer hopefully next week. Thank you so much for your advice!

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Katya7,

azblk makes a good point. If the move is labeled as temporary, then you could just use your parole. I would suggest booking a free consultation with an immigration attorney and discussing all your options.

All the best.

We are hoping to have a consultation with a lawyer next week. Thanks for your help!

[UScitizenFilingforspouse]

I thought the lawyer on the initial consultation has mentioned this, but it was 9 months ago... Maybe I am mistaken. We are going to have a consultation with lawyer hopefully next week. Thank you so much for your advice!

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We are hoping to have a consultation with a lawyer next week. Thanks for your help!

Good! Prepare for the free consultation by having all your questions listed in a logical sequence to maximize the time alloted for the free consultation. If you are not satisfied with those answers, then seek another free consultation with a different lawyer.

Know that consular processing may be the less complicated route for you; especially if you live in an area that has its own USCIS International Field Office. Those offices adjudicate I-130s in a month or two. That is definitely faster than going through the process here in the US - for most field offices.