Address Change

[NY-Viking]

I recently accepted a position with a US firm in Shanghai and we'll be moving soon. I was getting ready to do the change of address forms online (or send in the forms) and I came across some new questions.

 

I've known for a while that when (if) my wife applies for citizenship, her being out of the country with me won't be an issue, since I'm working for a US firm furthering trade, and she plans to return to the US with me after my foreign posting ends. I now understand that my foreign employment for a US firm won't actually help her with residency requirements for the green card, but we plan to maintain a residence in the US, maintain bank accounts and other assets in the US, and visit the US 2-3 times a year while we're in China, and she'll probably be entering with me every time we arrive, so I don't anticipate this being a major issue for us, based on anecdotal experience from friends in similar situations. It may have been a good idea to apply for a re-entry permit, but it's a little too late to consider that now, and like I said, I don't anticipate being out of the US for more than 6 months at any time.

 

OK, so now to my questions.

 

1. I know that if you move INSIDE the US, green card holders have to file (online or by paper) an AR-11. However, the form does not permit you to list a foreign address. So, is there nothing to file for my spouse's change of address for our change of address to overseas? I note that our permanent address in the US is remaining the same.

 

2. Second question, as you can see from our time line, we're still waiting on the 10-year permanent green card, and I don't expect it to arrive before we go (although, there's always hope I guess). Should I have the permanent card sent overseas, or just have it sent to our permanent address here in the US? My father will be around to receive it (or let us know if there is a letter requiring an interview, which, of course, we'd fly back for). It would be nice to have the card overseas but I know with the expired temporary card and the 1 year extension notice, she won't have any trouble traveling back into the US. So maybe it would make things less complicated if we just let the card come to our US address, and then we can get it when we come back here ... OR have my father fedex it to China?

 

3. Final question - I know that as my wife's "sponsor" I have to file a change of address form too, and that form allows you to list a foreign (non-US) address, so I'll go ahead and file that. But (see question 1) is there anything my wife needs to file?

[dnoblett]

1) Will you be maintaining US domicile while out of country, her green-card will be based on this, if maintaining your US home, then nothing is needed to be filed. If you plan on moving out of US home, then you should establish domicile with family or parents, and file AR-11, and I-865 showing moving to their address.

 

Maintaining Permanent Residence

 

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

 

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
   
  
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
   
  
• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
   
  
• Fail to file income tax returns while living outside of the US for any period.
   
  
• Declare yourself a ¡°nonimmigrant¡± on your tax returns.
  

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

2) As long as you have a way to return to the USA, then keep the card in the USA.

 

3) Nothing for wife to file other than AR-11 if moving to a different residence in the USA. I would just list Permanent US residence on the I-865, not foreign address, foreign address is considered to be temporary.

[yuehan123]

..., and visit the US 2-3 times a year while we're in China, and she'll probably be entering with me every time we arrive, so I don't anticipate this being a major issue for us, based on anecdotal experience from friends in similar situations.

 

I note that our permanent address in the US is remaining the same.

 

, or just have it sent to our permanent address here in the US? My father will be around to receive it (or let us know if there is a letter requiring an interview, which, of course, we'd fly back for). It would be nice to have the card overseas but I know with the expired temporary card and the 1 year extension notice, she won't have any trouble traveling back into the US.

 

3. Final question - I know that as my wife's "sponsor" I have to file a change of address form too,

 

Wow, a little confusing, I thought. What's the answer to the question are you maintaining your 'original' address, let's call it the one USCIS has on file and they mailed the 2 year card there? And, confirm your Dad can pick up that mail without it being forwarded?

 

Where are the inputs from members who live in the US and work overseas? Bet they don't file a change of address when they go to work....

 

My answer is that this looks like trouble no matter what you do. Keeping your original USCIS address and Dad can get the mail? If that's true, I agree with what I think Dan said, don't file anything. What for?

 

My own question would be along the lines of "Do I want to risk my wife's re-entry 2-3 times on an extension letter? Sounds like you said anecdotal friends have done just that.

 

I'd pick up the green card on my first visit. think positive. Good Luck.