Moving out of US for work before wife's AOS complete

[johnkinsale]

My wife's AOS application is pending name check but I just got a job in China. I would like to take it, but am concerned about the effect my/our moving abroad would have on the AOS application. We are considering having me relocate first with her joining me after she gets her AP or greencard. If I leave the country, I figure that I would have to report that to USCIS and I am concerned that it would be viewed poorly in regards to our application. Worse, if she comes with me on an AP, would USCIS consider that an abandoning of the application? I guess the way around this is to maintain a US mailing address. This would be easy to do, but I don't want to get in trouble for not actually living there. What should we do?

[dnoblett]

I have read cases where husband is in the military and is away when an AOS interview comes up, they wife attends the interview with a good explanation why he could not attend.

 

Also if she comes with you on AP that would not be abandoning the cause, however when the interview comes up your wife or preferably both of you should return to attend the interview.

 

About mailing address, If you have already filed the AOS application, it can be difficult getting it changed in the system, I have read of many cases where people move, the USCIS sends out an AOS appointment letter, the letter going to the old address and getting lost, the appointment being missed and then find themselves facing deportation proceedings for failing to attend the AOS interview. If you move you are required by law to file an AR-11 within 10 days of moving and an I-865 within 30 days. Filing form AR-11 does not update any pending applications. you need to send a copy of the AR-11 with a cover letter to your old office asking them to update your address and to forward your file to your new office, also send a copy of the AR-11 and cover letter to your new office asking them to request your papers from your old office.

 

If you have not filed AOS then get your mailing address established preferably at a parent, or relatives home, that can be considered as a residence.

 

When at AOS interview they are looking for strong evidence of living as husband and wife.

 

Finally the rule for living out side country with green card, is if planning to be more than an year a re-entry card is needed to return to the county, applying for re-entry card is the same as applying for AP.

[LeeFisher3]

There isn't really a problem with your wife traveling outside of the US. As you have been told there are a few gotchas. Your residence in the US is the main one and get your addresses changed. It is probably best to make an infopass appointment and hand deliver them, you can also ask about the status of AOS at that time.

 

There are a few things you need to consider:

1. It is possible, but not probable that they could invite you for another interview or biometrics, you would need to be able to receive the mail without it being forwarded.

 

2. When the green card is sent you must have an address where the mail will be received, whether you are in the US or not the green card must be able to be delivered. Presumably in the US. THEY WILL NOT FORWARD THIS MAIL

 

3. Be very careful about the expiration date on the AP, your wife must return to the US before it expires or she has her green card in hand for re-entering the US. There could be some interesting questions asked if she is recorded to have left the US before her green card issue date and returns using the green card.

 

4. If she intends to be away from the US for more than 1 year you will need to file for a re-entry permit using Form I-131, but that can not be done before she has her green card because that is to extend the length of travel for an LPR.

 

The other thing is to regularly check the status of the case so you can discover if something was mailed and returned. You don't want to get caught up in the mess where they cancel your case.

[david_dawei]

The OP had his AOS interview over a month ago...

 

My questions is whether they put any stamp in her passport giving her LPR status, while the greencard awaits the name check?

 

These name checks don't appear to be short for some... it could be aup to a year.

[Randy W]

The OP had his AOS interview over a month ago...

 

My questions is whether they put any stamp in her passport giving her LPR status, while the greencard awaits the name check?

 

These name checks don't appear to be short for some... it could be aup to a year.

 

 

No