Leave the United States While I-130 is being processed

[timetogo]

My husband (Greencard holder) applied for I-130 for me more than two years ago. At the time, both of us were in the United States. He held GC, and I held an F-1 visa. The case was transfered to the California Service Center in May 2005. Recently I have to leave the United States by quitting my current job (on H-1B) and pursuing another job in my home country. I probably will stay outside the U.S. for around two years. But I do not want to abandon the I-130 process while I am outside the United States. My husband will be eligible to apply for U.S. citizenship next year. So he will still stay in the United States during my absence.

1) Will my leaving the U.S. be treated as abandonment of the I-130 process?
2) If yes, what can I do to avoid it (assuming I have to leave the country for a year or two)?
3) If it is not treated as abandonment, do I have to file anything to update the I-130 or inform the immigration center that I am leaving the country for a job in my home country?
4) Any good advices for the easiest way to get GC in my situation will be highly appreciated.

 

[Anahit]

I-130 does not require your presence in States.
The fastest way to get your GC would be upgrading your petition when your husband becomes a citizen, thus being able to either do AOS (adjustment of status) if you're in US, or go thru CP (consular processing) if your still outside of US.

 

[timetogo]

Thank you very much, Anahit, for your quick reply. Do you mean that I don't have to do anything with the existing I-130 filing before I leave the country?

As you suggested, I may upgrade my petition once my husband becomes a citizen. Is the time of my GC filing calculated from the time when I filed my original I-130 or the time when I file the adjustment of status? How fast may I get the GC through adjustment of status after my husband gets the citizenship (I filed the I-130 petition in September 2004)?

Thank you in advance for your further responses.

 

[LucyMO]

Do you mean that I don't have to do anything with the existing I-130 filing before I leave the country?

that's exactly what it means. You do not do anything.

Is the time of my GC filing calculated from the time when I filed my original I-130 or the time when I file the adjustment of status? How fast may I get the GC through adjustment of status after my husband gets the citizenship (I filed the I-130 petition in September 2004)?

you can only do adjustment of status if you are in the States legally. It looks like you will be doing consular processing. In this case, you will be a resident from the moment you enter with your immigrant visa.

 

[Anahit]

Is the time of my GC filing calculated from the time when I filed my original I-130 or the time when I file the adjustment of status? How fast may I get the GC through adjustment of status after my husband gets the citizenship (I filed the I-130 petition in September 2004)?

You don't have to worry about your GC filing time when you upgrade your petition. There is no waiting period, no quota for immidiate family members of a US citizen. It's just the processing time which could take from a few months to a year.
Btw, how did you answer the question 22 on I-130?

 

[rjo1]

When you applied for I-130 while in the US, you most likely put Adjust of Status in your state.

Since you will now have to go for CP, your husband has to file I-824, telling them to send the I-130 approval to your home country.

Then your husband will upgrade this same I-130 after he gets US Citizenship, so you can preserve the priority date and get the I-130 approved immediately after Citizenship, after which the NVC will contact your husband for other forms like I-864 etc..