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Dilemma - really need advice

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Filed: Timeline

Hi VJ I really need advice on a dilemma. I came to the US for studies and eventually met the love of my life. My husband and I married few years ago and have been living happily together. So far the immigration process has been smooth for me. But here's the problem, if there is one. In a year I will be eligible to apply for citizenship of the basis of my marriage to my husband, who is American. Right now my husband I are living together in the U.S. and he's working while I'm unemployed in the U.S. I have a family business in my home country but I do nothing in it since I reside in the U.S. and my initial plan wasn't to run the family business.

My husband is very unhappy with his current job in the U.S. which is physically exhausting him and he thinks he won't be able to go on beyond two years. I don't have siblings, my one parent died and my other parent is getting old so either I have to take over the business or sell it at some point. So after several talks, my husband and I came up with the option to explore visiting my home country and see if he'd be willing to take over my family business along with me. We are taking things slow because he cannot take excessive absences from work unless he decides to quit and leaving his country behind forever is a big decision for him that he needs time with. So far he has already traveled two times with me to my home country and will travel two more times before making his final decision. All our trips last three weeks each.

Here's my dilemma:

1. Right now we are very torn whether we want to leave America behind and return to my home country, we are not AT ALL decided. On this basis, is it ethical that I try to pursue U.S. citizenship?

2. By the time I apply for citizenship, I would have listed six trips to my home country, each trip being three or four weeks at a time. If the immigration officer asks at the time of interview, why I went to my home country six times, is it okay to say that four out of the six trips was for my husband to see if he'd be willing to join the family business? Two of the trips were just me traveling to help my mother due to her health issues.

3. I would like to apply for citizenship so that my husband and I can travel freely back to US when we want to visit his family or if one day we want to permanently return to US.

What do you think? Please help thank you. Sorry if my English is bad.

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Once you have citizenship you can come and go as you please. If at all possible get that before relocating, that way you have more options.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: Timeline

Thank you for answering. I think I didn't explain right, if we decide to relocate, we will only relocate after I acquire citizenship, not before. But my concerns are, whether it is ethical to apply for citizenship given that we have a possible intent of relocating in the future and, if asked at the time of citizenship interview why so many (6) trips to my home country, that it's ok to state the truth that my husband is thinking about taking over family business in home country. Thank you

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Thank you for answering. I think I didn't explain right, if we decide to relocate, we will only relocate after I acquire citizenship, not before. But my concerns are, whether it is ethical to apply for citizenship given that we have a possible intent of relocating in the future and, if asked at the time of citizenship interview why so many (6) trips to my home country, that it's ok to state the truth that my husband is thinking about taking over family business in home country. Thank you

It is good to tell the truth but citizenship or permanent residency is granted who would like to live in the country not to whom who already willing relocate. So many trips to one place if it is home country; it is understandable. Some people like to visit their relative often some don't. I do in amd out quite often at least every 3 to 4 months. Some people just like to travel so you know...

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Filed: IR-1/CR-1 Visa Country: Ecuador
Timeline

YOu came on a student Visa?

you no longer study?

after marriage did you apply for CR 1 and return to your country while it was processed?

Or did you do AOS?

If not you have overstayed your original visa and this will affect the application

Answer these questions to the informed here so they can give you the best advice

Good luck

Edited by kris&me
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Filed: AOS (apr) Country: Haiti
Timeline

I think that it's totally fine to pursue your citizenship even as you investigate living abroad (back home) for years. I mean if you've done the rest of your immigration process and that's the next step, go for it. Even though you're investigating moving long term, there's no guarantee that once you move thatyour husband (or yourself) won't wish to come back sooner than expected. My husband and I are thinking about something similar and I refuse to start the immigration process over. If they ask about all your trips, I'd tell them that you were visiting family and learning about the family business so you can make a good decision in the future about selling it or running it. I probably wouldn't tell them that you're thinking about moving back as soon as you get your citizenship. You can't lie but you also don't have to tell them things that they don't ask about. So even if they ask if you're going to move back you can say "maybe someday, we haven't decided yet" (as long as you honestly haven't decided). One thing to remember about citizenship, you'll have to pay US taxes if you're a citizen even if you're not working here.

K-1 from Haiti - NOA1: 5/27/2014; NOA2: 7/8 USCIS never updated to say that it was sent to the NVC (just in case you're as concerned about your status not updating as I was about mine)
NVC Case Number Received: 7/31; Left NVC: 8/1 - tracked via DHL website; CEAC Status - Ready: 8/7; Packet 3 Received: 9/5 - Beneficiary received packet / Medical Completed: 9/19;
DS-160 Submitted: 9/22 - (CEAC date updated); Packet 3 Submitted: 9/26; Packet 4 Received: 10/24; Interview Date: 11/6 @ 7 am Interview Result: Approved!
CEAC Status Issued: 11/10; USTraveldocs.com finally acknowledged Fiance's passport actually in their system: 11/20; Passport Received: 11/21;

POE: 11/23/2014; Wedding: 2/14/2015

AOS/EAD/AP Filed: 2/21/2015;

USCIS EAD & AP received: 2/25; USCIS AOS received: 2/27; Received NOA1s in mail: 3/5; Biometrics: 3/26; EAD/AP Card in Production: 5/11; EAD/AP Card Mailed: 5/1; EAD/AP Card Received 5/19; NPIW Letter dated: 6/11/15; Green card Approved: 10/1/15;

Green card Received: 10/7/15

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

don't worry, it is perfectly legal to file for citizenship and later move, you can live wherever you want and come and go as you please

you will be obligated to file taxes if you meet the criteria

don't leave on a GC, get your citizenship and then leave

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Filed: K-1 Visa Country: Wales
Timeline

Sounds a very good reason to apply so you can come and go as you please.

The bad news may be tax implications.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I think it's completely ethical for you to go on and apply for citizenship when it's time. The thing is, even if you and your husband go to your home country to run the business, after a while you might decide it's just not your life's ambition, who knows? Maybe you'll want to return to the U.S. and start something fresh or different here.

It feels like a lot of your husband's thinking might have to do with not liking his present job, you know...it's good that you're taking your time to decide on the possible move into running the business.

"Wherever you go, you take yourself with you." --Neil Gaiman

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Filed: Timeline

Thank you all for giving various perspectives to our issue. I didn't expect such speedy answers, I am very grateful.

Your answers made me wonder one more thing. During the citizenship interview, can the IO look at it negatively that I am unemployed in the U.S. but I have a business in my home country even though I am not earning anything from the business? It is a partnership business and I am one among three partners. But because I have been a non-resident in my home country, I cannot draw a salary. I only get interest that I duly report in U.S. taxes.

Yes, I am aware that I will have to keep filing U.S. taxes if we relocate to somewhere else.

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Filed: K-1 Visa Country: Wales
Timeline

Grossly overthink this and looking for issues.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Tunisia
Timeline

Thank you all for giving various perspectives to our issue. I didn't expect such speedy answers, I am very grateful.

Your answers made me wonder one more thing. During the citizenship interview, can the IO look at it negatively that I am unemployed in the U.S. but I have a business in my home country even though I am not earning anything from the business? It is a partnership business and I am one among three partners. But because I have been a non-resident in my home country, I cannot draw a salary. I only get interest that I duly report in U.S. taxes.

Yes, I am aware that I will have to keep filing U.S. taxes if we relocate to somewhere else.

Being unemployed is not a reason to disqualify you from citizenship.

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