Can i get my U.S. citizenship while out of the U.S.

[MWCC 1]

Hi! I am a wife of an expat currently working in manila. His previous job ended last January 2017 and we filed for my CR1 visa in Manila last August. We were planning of moving back to the U.S. before he got his new job as an expat again assigned in manila. I completed the medical and the interview. I have 6mos to leave before my visa expires. His company won't allow him to be gone for work for months while we wait for my greencard. We also have an infant who is an American citizen too. I am scared that i have to stay alone in the U.S. with an infant. Is there any other option or loophole that we can take advantage of? Thank you.

[s + j 71]

No, not really. You gotta wait for citizenship just like everyone else. You could always ditch the visa and re-do it again when you're done.

[MWCC 1]

A friend mentioned to me that she got her citizenship while husband is expatriated to another country and she is with her husband. She didn't stay in the U.S. she stayed where her husband is the entire time. I am wondering how she did that. 

[Cyberfx1024 7,978]

1 minute ago, MWCC said:

A friend mentioned to me that she got her citizenship while husband is expatriated to another country and she is with her husband. She didn't stay in the U.S. she stayed where her husband is the entire time. I am wondering how she did that. 

First off you can not even file for citizenship if you don't live in the USA and have a green card for 3 years due to marriage. Second off it all depends on what job that husband had, he could have worked for the us government which then she could have lived outside the USA. 

 

Also please stop listening to the Philippines rumor mill because a majority of the time it is false. I know this from first hand experience with my asawa. 

[Cyberfx1024 7,978]

48 minutes ago, MWCC said:

Hi! I am a wife of an expat currently working in manila. His previous job ended last January 2017 and we filed for my CR1 visa in Manila last August. We were planning of moving back to the U.S. before he got his new job as an expat again assigned in manila. I completed the medical and the interview. I have 6mos to leave before my visa expires. His company won't allow him to be gone for work for months while we wait for my greencard. We also have an infant who is an American citizen too. I am scared that i have to stay alone in the U.S. with an infant. Is there any other option or loophole that we can take advantage of? Thank you.

What jobs does he do? Why did you file for a green card if you just plan on living in pinas?

[geowrian 22,335]

12 minutes ago, MWCC said:

A friend mentioned to me that she got her citizenship while husband is expatriated to another country and she is with her husband. She didn't stay in the U.S. she stayed where her husband is the entire time. I am wondering how she did that. 

I'd ask her, because I would wonder the same thing...

 

There are a few exceptions to the continuous residence requirements (or to count stays abroad as US residence), most notably for the military, government, and certain non-profit groups. But unless you meet those types of exceptions, you must live in the US as an LPR for 5 years (or 3 years via the 3 year marriage rule). Time spent living abroad does not count towards that (and you need a re-entry permit for any time abroad over 1 year, albeit I would recommend it for any travel over 6 months).

 

If you plan to live abroad, there is no need for a green card.

Edited April 20, 2017 by geowrian

[MWCC 1]

We are planning to come back to the U.S. when we filed for immigration, but he got a new job. Now my visa validity is limited. He manages an american bank in the PH. We are planning to repatriate but an opportunity came. So he had to take it. 

[MWCC 1]

9 minutes ago, cyberfx1024 said:

First off you can not even file for citizenship if you don't live in the USA and have a green card for 3 years due to marriage. Second off it all depends on what job that husband had, he could have worked for the us government which then she could have lived outside the USA. 

 

Also please stop listening to the Philippines rumor mill because a majority of the time it is false. I know this from first hand experience with my asawa. 

From what i know, they hired an immigration lawyer. My friend's husband worked at a BPO. It is just that it is expensive to hire an immigration lawyer so i try to ask around.

[MWCC 1]

15 minutes ago, cyberfx1024 said:

What jobs does he do? Why did you file for a green card if you just plan on living in pinas?

We are planning to come back to the U.S. when we filed for immigration, but he got a new job and he couldn't let the promotion pass. The original plan was repatriation. While we are getting ready to move, the new job came. Now, my visa validity is limited. He manages an american bank in the PH. We are planning to repatriate but an opportunity came. So he had to take it. I am thinking how are we going to get through this as a family.. i am getting really sad

 

[geowrian 22,335]

22 minutes ago, MWCC said:

We are planning to come back to the U.S. when we filed for immigration, but he got a new job. Now my visa validity is limited. He manages an american bank in the PH. We are planning to repatriate but an opportunity came. So he had to take it. 

That's fine, and things change. You can enter the US at any time while your visa is still valid and get your green card. But if you now plan to live abroad, there is no need for a green card, right? A green card is proof of your legal permanent resident (LPR) status in the US. If your permanent residence will be outside the US, then there's no need for the green card, and it could be revoked. A green card is not for visits to the US.

 

My suggestion would be to enter the US and get the green card via the CR-1/IR-1 visa, and then file for & obtain a re-entry permit. That will let you travel abroad for up to 2 years with the presumption that you are not abandoning US residence. CBP can still determine otherwise upon return and deny entry (as they can for any non-citizen). So that gets you ~2 years abroad to figure out if you will live in the US permanently or not. If so, you can return and start the timer on the 3/5 years for citizenship[.

 

17 minutes ago, MWCC said:

From what i know, they hired an immigration lawyer. My friend's husband worked at a BPO. It is just that it is expensive to hire an immigration lawyer so i try to ask around.

An immigration lawyer doesn't get any special privileges...they have to follow the same rules as everybody else. There's not a "loophole" here. It would be a waste of money to seek on an attorney in your case. Again, I would assume that they met one of the exceptions to the rule or something is being misunderstood in her case.

Edited April 20, 2017 by geowrian

[MWCC 1]

I had my b1/b2 visa before and travelled a lot of times in the U.S. i am wondering if i can still get tourist visa back that was cancelled so i can visit my in laws. Just in case things got more complicated with my greencard and i lose it.

[MWCC 1]

Thank you for all your replies. I appreciate it! 

[Cyberfx1024 7,978]

33 minutes ago, MWCC said:

We are planning to come back to the U.S. when we filed for immigration, but he got a new job and he couldn't let the promotion pass. The original plan was repatriation. While we are getting ready to move, the new job came. Now, my visa validity is limited. He manages an american bank in the PH. We are planning to repatriate but an opportunity came. So he had to take it. I am thinking how are we going to get through this as a family.. i am getting really sad

 

At this point in time there is really only two ways of going forward: 1. Stay in the Philippines and reapply later for the CR1/IR1 visa when you are for sure going back to the USA. 2. Go to the USA and then file for the re-entry permit so that you can leave for a longer period of time without having to give up your greencard. 

 

As of right now I don't think they would give you a B2 visa back because you have an Amerikano asawa, and that means that you may just use that to immigrate to the USA. 

[Mollie09 1,543]

13 hours ago, MWCC said:

We are planning to come back to the U.S. when we filed for immigration, but he got a new job and he couldn't let the promotion pass. The original plan was repatriation. While we are getting ready to move, the new job came. Now, my visa validity is limited. He manages an american bank in the PH. We are planning to repatriate but an opportunity came. So he had to take it. I am thinking how are we going to get through this as a family.. i am getting really sad

 

Why are you getting really sad? You get to live with your husband and son.

[2far 185]

If I were in your position, I would cancel the spouse visa and reapply for the tourist visa.

When you are ready to move to the USA as a family, then apply for the spouse visa again.

 

It doesn't make sense for you to leave your family and go to the USA alone, just to receive a green card, and then move back to your home country.

Cancel it for now.  Reapply when you are ready to move to the USA with your husband.