E3 Holder Applying for Green Card

B

bloke

Registered Users (C)
I am an E-3 visa holder and will be getting married to an American citizen shortly. We are thinking of moving to Australia for 2 years a few months after the wedding. I was wondering if it would be worth my while to apply for a green card after the wedding or if I would be better off waiting until we return to the US? Specifically:

1. What are the minimum resident requirements? Is it enough to visit the US once per year?
2. Is it possible to leave the country before the green card is approved?
3. If I did not meet the requirements for the green card (e.g. for staying in Australia for too long) would it jeopardize my chances of getting a green card later?

Thank you.
 
Better to wait until after you return from Australia. It will save you a lot of money and hassle. If you live out the 2 years of marriage in Australia, you will directly get a 10-year unconditional green card upon approval instead a 2-year conditional card which requires another round of applications and interviewing later on. And you wouldn't have to worry about maintaining the green card while overseas.

To answer your questions:

1. It's complicated. A short trip back to the US once a year isn't necessarily good enough.
2. Yes, but you will need Advance Parole to leave while the GC process is pending, and the AP takes 1-3 months.
3. No, but it can jeopardize your chances of getting a tourist visa or other nonimmigrant visa if they revoke your green card for staying out too long (as opposed to you voluntarily surrendering it).
 
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