N-400 pending, overseas job offer

[Kevo 69]

My wife's application (N-400 based off of 3 yrs marriage) was submitted in Feb this year.  I received a great job offer as a civilian (I'm retired USAF) at Kadena Air Base, Okinawa, Japan. 

 

If I were to accept it and we go to Japan does anyone know how that would affect her naturalization application?  

[Roel 7,191]

My opinion, wait until your wife has this citizenship before moving abroad.

You don't want to risk her loosing green card.

 

Since you're not active duty, I'm not sure if she could keep her green card "time" while abroad with you, even though you'll be working on post.

[payxibka 10,044]

30 minutes ago, Kevo said:

My wife's application (N-400 based off of 3 yrs marriage) was submitted in Feb this year.  I received a great job offer as a civilian (I'm retired USAF) at Kadena Air Base, Okinawa, Japan. 

 

If I were to accept it and we go to Japan does anyone know how that would affect her naturalization application?  

Reside continuously within the United States from the date of application for naturalization until the time of naturalization

 

The above may come to bite you

 

Who will be your employer?

Edited May 15, 2018 by payxibka

[CarlHamilton 252]

It could break her continuous residence, or, of she stays behind, the marital union requirement.  Not good. 

[payxibka 10,044]

2 minutes ago, shomer said:

It could break her continuous residence, or, of she stays behind, the marital union requirement.  Not good. 

How will the marital union requirement be broken?

[CarlHamilton 252]

Just now, payxibka said:

How will the marital union requirement be broken?

If he goes alone and she stays behind.

[Kevo 69]

Found this on the USCIS website.  I think her GC would be safe.  The job is a 2 year initial assignment with the option to continue longer.  

 

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.
• Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
  • The reason for your trip;
  • How long you intended to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.
  • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
• Fail to file income tax returns while living outside of the United States for any period.
• Declare yourself a “nonimmigrant” on your U.S. tax returns.

[geowrian 22,335]

One year or longer outside the US has a legal presumption of abandoning residence. Multiple trips can also be considered as such.

 

Ignoring the citizenship eligibility side of things for a second, if she were to be abroad that long, then at least a re-entry permit would be highly recommended before working abroad. It does not guarantee re-entry, but at least lets the extended period abroad not be held against her in making that determination.

Edited May 15, 2018 by geowrian

[Roel 7,191]

8 minutes ago, Kevo said:

Found this on the USCIS website.  I think her GC would be safe.  The job is a 2 year initial assignment with the option to continue longer.  

 

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.
• Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
  • The reason for your trip;
  • How long you intended to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.
  • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
• Fail to file income tax returns while living outside of the United States for any period.
• Declare yourself a “nonimmigrant” on your U.S. tax returns.

?

 

She CANNOT leave US for longer than a year - and if she wants that, she needs to apply for a reentry permit. If not or if she will stay abroad too long,  she will loose her green card.

If she leaves, she will probably loose her citizenship application.

 

Seriously, best thing to do is to wait for her to receive her US citizenship and then she can stay abroad for as long as she wants to, without issues.

[javadown2 308]

I think it's not a problem if you are a government employee or live in a place like Guam (US territory). 

https://jp.usembassy.gov/visas/immigrant-visas/green-card/maintaining-permanent-resident-status/

 

 

Sounds like you just have to notify USCIS beforehand to let them know. 

Edited May 16, 2018 by javadown2

[usmsbow 795]

2 hours ago, javadown2 said:

I think it's not a problem if you are a government employee or live in a place like Guam (US territory). 

https://jp.usembassy.gov/visas/immigrant-visas/green-card/maintaining-permanent-resident-status/

 

 

Sounds like you just have to notify USCIS beforehand to let them know. 

 

Yes, I think many posters are overlooking or are unaware of that fact. 

 

Edited to add: I am also assuming the position is as a gov't civilian employee, and not as a gov't contractor. If the latter, then yes, I agree with the others in regards to the green card and residency... 

 

 

 

 

Edited May 16, 2018 by usmsbow

[javadown2 308]

3 minutes ago, usmsbow said:

 

Yes, I think many posters are overlooking or are unaware of that fact. 

 

 

I've been researching this very topic because I'm looking to work in Guam and my wife only has her 2 year conditional green card at the moment. His case may be a little different and I wonder how they deal with interviews if they are needed if you are outside the country?

[usmsbow 795]

1 minute ago, javadown2 said:

I've been researching this very topic because I'm looking to work in Guam and my wife only has her 2 year conditional green card at the moment. His case may be a little different and I wonder how they deal with interviews if they are needed if you are outside the country?

Well Guam is a part of the US, so yes, your case is different :). And USCIS does have offices abroad. Don't know about Japan, but I wouldn't be surprised if they have some type of operation there due to the high # of military personnel there. 

[cyclone27 710]

If you are covered under a SOFA I doubt moving her abroad would affect her N400 status. You might even have a case to expedite it.

[Cyberfx1024 7,978]

6 minutes ago, cyclone27 said:

If you are covered under a SOFA I doubt moving her abroad would affect her N400 status. You might even have a case to expedite it.

It won't affect the N400 status at all because he will be working for the USG as a Civilian. The ONLY problem I see is when she has a interview then she has to do it in the USA not out of it.