Green card holder in Australia

[krijkee]

Hello!

I'm a green card holder and moved to Australia July 2013. The idea was that the move was permanent, however some things have changd and we are wishing to return, but not until January 2015.

I did not apply for a re-entry, unfortunately.

What are my options?

We kept 2 houses in my husband name, all our bank accounts. Haven't lodged a return yet, but will be. Have current drivers license.

It will be 18 months out of the country by the time we arrive. We have 3 US born children and my husband is US citizen.

Do I have to just reapply?

I can't get a straight answer out of anyone and I'm hoping you guys can help?

Much appreciated!

[rayb]

You can still return to the U.S. without a Reentry Permit, so long as you have not been out a year or more.

If you are unable to return to the U.S. before a year from your departure, then a "Returning Resident Visa" is your remaining option.

You have to apply for a "Returning Resident Visa" at a U.S. consulate or Embassy in Australia.

Go to the following "immihelp" page for information about a "Returning Resident Visa:"

https://www.immihelp.com/returning-resident-visa-for-greencard-holders/

--Ray B

Hello!

I'm a green card holder and moved to Australia July 2013. The idea was that the move was permanent, however some things have changd and we are wishing to return, but not until January 2015.

I did not apply for a re-entry, unfortunately.

What are my options?

We kept 2 houses in my husband name, all our bank accounts. Haven't lodged a return yet, but will be. Have current drivers license.

It will be 18 months out of the country by the time we arrive. We have 3 US born children and my husband is US citizen.

Do I have to just reapply?

I can't get a straight answer out of anyone and I'm hoping you guys can help?

Much appreciated!

[krijkee]

Thank you for your response, I really appreciate it.

From what I read, I wouldn't be eligible for return resident visa as our plans were to live in Australia permanently and therefore giving up residence? Can I apply still as it's only been 6 months since I've left US?

Another question. If we have to apply for green car over again, is there a way I can do it from within US?

It's complicated applying from Australia as we are very remote and the nearest consulate is probably in Brisbane. So that means flights etc and juggling 3 kids without family. It would be much more practical to apply again within US.

Thanks for any help! There's no number to call here, only an email and they never answer my questions, jut supply me with generic answers I can find on the website.

You can still return to the U.S. without a Reentry Permit, so long as you have not been out a year or more.

If you are unable to return to the U.S. before a year from your departure, then a "Returning Resident Visa" is your remaining option.

You have to apply for a "Returning Resident Visa" at a U.S. consulate or Embassy in Australia.

Go to the following "immihelp" page for information about a "Returning Resident Visa:"

https://www.immihelp.com/returning-resident-visa-for-greencard-holders/

--Ray B

[cafeconleche]

Your best bet would be to travel to the US right now and apply for a re-entry permit. Wait for your biometrics appointment, and then return to Australia. On the application, you can ask for them to send the permit to the embassy or consulate in Australia, or to a friend/family member in the US who can then send it to you. Of course, as the spouse of a US citizen, you can surrender your GC, and then reapply when you're ready to return for good. But, this would involve a lot more paperwork.

[rayb]

Krijkee,

Since it has only been six months since you left the U.S., it makes a lot more sense for you to return to the U.S. before you reach a full year outside the U.S. You can then be assured that your Green Card status continues. While in the U.S., apply for a Reentry Permit, if you plan to remain outside for a year or more, up to two years.

And, yes, if you lose your Green Card status in the future, you could reapply for within or from outside the U.S.

It's hard to give you any answers with confidence, as you don't seem to be explaining everything about your circumstances

1. Your Green Card is still good for reentry to the U.S. for up to a year from your departure, unless you formally relinquished your Green Card status.
2. Your stated decision to remain outside the U.S. until 2015 and losing your Green Card status, as a result, doesn't make a lot of sense unless the cost of returning to the U.S. is your concern.

--Ray B

Thank you for your response, I really appreciate it.

From what I read, I wouldn't be eligible for return resident visa as our plans were to live in Australia permanently and therefore giving up residence? Can I apply still as it's only been 6 months since I've left US?

Another question. If we have to apply for green car over again, is there a way I can do it from within US?

It's complicated applying from Australia as we are very remote and the nearest consulate is probably in Brisbane. So that means flights etc and juggling 3 kids without family. It would be much more practical to apply again within US.

Thanks for any help! There's no number to call here, only an email and they never answer my questions, jut supply me with generic answers I can find on the website.

[krijkee]

Krijkee,

Since it has only been six months since you left the U.S., it makes a lot more sense for you to return to the U.S. before you reach a full year outside the U.S. You can then be assured that your Green Card status continues. While in the U.S., apply for a Reentry Permit, if you plan to remain outside for a year or more, up to two years.

And, yes, if you lose your Green Card status in the future, you could reapply for within or from outside the U.S.

It's hard to give you any answers with confidence, as you don't seem to be explaining everything about your circumstances

1. Your Green Card is still good for reentry to the U.S. for up to a year from your departure, unless you formally relinquished your Green Card status.
2. Your stated decision to remain outside the U.S. until 2015 and losing your Green Card status, as a result, doesn't make a lot of sense unless the cost of returning to the U.S. is your concern.

--Ray B

Thank you for further advice. Unfortunately, it's hard to just pack up with 3 kids.

Would vacationing in Hawaii for a week or two work? Then return to Australia until January? So a further 7 months before going back?

If we went the apply again route, how would we apply within the US? Wouldn't this involve being deveitful and traveling on a tourist visa? K-3 visas are taking as long as the actual visa process, so it would be pointless going this route.

Just logistically trying to figure it out with 3 kids and schooling, jobs etc.

I appreciate it and I'm trying to give you all the info.

[rayb]

If you are unable to return to the U.S. before you have been out a year, in order to stay a few weeks and get a Reentry Permit applied for, you'll be facing a new application process in the future.

Maybe you don't need a Green Card, after all, and returning to the U.S. as a visitor or on a "visa waiver" status might be more pracical.

--Ray B

Thank you for further advice. Unfortunately, it's hard to just pack up with 3 kids.

Would vacationing in Hawaii for a week or two work? Then return to Australia until January? So a further 7 months before going back?

If we went the apply again route, how would we apply within the US? Wouldn't this involve being deveitful and traveling on a tourist visa? K-3 visas are taking as long as the actual visa process, so it would be pointless going this route.

Just logistically trying to figure it out with 3 kids and schooling, jobs etc.

I appreciate it and I'm trying to give you all the info.