Ok here's our story I'm a US citizen and I have an Australian wife. We got married and lived in the US prior to moving to Australia in 2005. She had a green card and permanent resident status etc prior to us moving. So fast forward, after living in Australia nearly 10 years...we want to move back to US sometime in the next 6-12 months. I've been doing some research but I'm still quite confused as to what and how we go about doing this?
I'm under the impression that living outside of the US for nearly 10 years will be considered 'abandoning' her resident status/green card etc. But that's not really 'Official' until the USCIS office does something?? This is unclear! So whats next? Returning resident visa SR-1, then a whole new AOS I-130, I-485 process (as we did over 10 years ago). Or just straight to the AOS process all over again. Or just get her expired (only expired 2 days ago) Greencard re-issued and be done with it (LOL I doubt its that easy!).
Also, do we have to do the whole process from here (Australia) first before we move? Or can we just move then start the process over again? As in have her enter the US under the VWP and just over stay it, while we wait for her new green card etc to be processed? Myself (her Husband) and our two children are US citizens so I doubt they would kick her out...right?
Please!! Any advice or suggestions that could help us out would be very appreciated!
Jess
I'm under the impression that living outside of the US for nearly 10 years will be considered 'abandoning' her resident status/green card etc. But that's not really 'Official' until the USCIS office does something?? This is unclear! So whats next? Returning resident visa SR-1, then a whole new AOS I-130, I-485 process (as we did over 10 years ago). Or just straight to the AOS process all over again. Or just get her expired (only expired 2 days ago) Greencard re-issued and be done with it (LOL I doubt its that easy!).
Also, do we have to do the whole process from here (Australia) first before we move? Or can we just move then start the process over again? As in have her enter the US under the VWP and just over stay it, while we wait for her new green card etc to be processed? Myself (her Husband) and our two children are US citizens so I doubt they would kick her out...right?
Please!! Any advice or suggestions that could help us out would be very appreciated!
Jess
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