GC (NYC) in process since 2/04 - JOB ABROAD - what to do?

[mv1234]

Hi,
My green card via my husband (US Citizen) has been in process since 2/2004 pending name check.
My husband (US Citizen) has now been offered a job in Europe for 2 years.
My questions-
- What happens to my green card process when the petitioner is away abroad? Does it stop and we have to file again after we return to the US?
- If it doesnt stop am I still eligible for EAD/AP as I will have to come back to the US often during these 2 years.
- Is there any official USCIS link that I can read up on this subject.

Thank you all in advance for your help and advice.

[boatbod]

The answer to your questions depend on what applications have already been submitted, and where you are in the approval process.

An I-130 petition will continue while you are abroad, however an I-485 (AOS) is considered abandoned if you leave the country before receiving either AP or final approval.

The correct route for petitioning an overseas relative, is to submit the I-130 petition and then follow consular processing (CP) once petition has been approved. Once CP has been approved, you are issued an immigrant visa valid for entry to the US within a 6 month timeframe. If you do not intend to return permanently to the US within this window, I would suggest you either need to delay filing, or withdraw your existing application.

Obtaining a GC through AOS while living abroad, would not only be unlikely, but could subsequently cause you problems with abandonment when you did eventually try to return to the US.

[mv1234]

Thanks Boatbod. The I-130 and 485 were applied for together. The I-130 has been approved over a year ago. We had the interview in 7/2004. The AOS is still pending name check. EADs and Advance Paroles have been approved regularly in the meantime.

[PraetorianXI]

Have you done anything about your pending namecheck? write to senators? first lady? congressman? ombudsman? God?

[mv1234]

I've written many times to our local congressman, senators, the first lady. I've received the standard response.

[PraetorianXI]

http://www.immihelp.com/greencard/retain-greencard.html