conditional greencard needing to temporarily relocate back to UK

[bobbymoo 0]

I'm currently on a conditional greencard due to expire Oct 12 2009, submitting the I-751 next month to remove conditions.

Typical bad timing, I got laid off 5 months ago but was offered a 1 year research fellowship back in the U.K. (where I'm from originally) by a UK university to start in October 2009.

Having lived here in the U.S. with my husband (USC) for 2.5 years (I originally came to the US on the K3) I don't really want to jeopordise my permanent residency now (not to mention the stress of temporarily relocating for 1 year). But with the economy the way it is, it seems foolish to pass up this opportunity.

Obviously I still intend to maintain my life as much as I can here as my husband will stay in the U.S., including regular payments to my roth IRA account, keeping our joint checking account open, and visiting him as much as my fellowship will allow.

So I have three queries:

- My question is do I file for the I-131 after I file the I-751?

- Will my one year absence, even if I come back to the U.S. intermittently, reset the clock for eligibility for naturalization in October 2010?

- Even though I'm working for a UK employer and I'm a UK citizen can I still file US taxes on my UK income jointly with my husband?

Thanks in advance for any help.

[*Robert* 2]

So I have three queries:

- My question is do I file for the I-131 after I file the I-751?

- Will my one year absence, even if I come back to the U.S. intermittently, reset the clock for eligibility for naturalization in October 2010?

- Even though I'm working for a UK employer and I'm a UK citizen can I still file US taxes on my UK income jointly with my husband?

Thanks in advance for any help.

If you will be able to make trips back to the U.S., you don't need to worry about filing an I-131, but if you are concerned you couldn't make a trip back in under a year, then you would need to file the I-131 before you leave.

With regards to International Travel:

International Travel

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

With regards to maintaining Permanent Residence:

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
• Fail to file income tax returns while living outside of the US for any period.
• Declare yourself a “nonimmigrant” on your tax returns.

If you make several trips back to the U.S., then it might not affect your "continuous residency", but as it says above... its hard to say that with any certainty.

With regards to taxes, you would still need to file U.S. taxes, but would probably be able to get an exemption for the overseas salary, up to whatever the current limit is ($85K ?).

Please read the following guide for more information.

http://www.uscis.gov/files/article/B5eng.pdf

[Ladylethal 12]

If you make several short trips back to US while spending the majority of the year abroad immigration might consider that you're not living in the US anymore and that it's an abandonment of your PR status.

Another VJer might have more experience regarding this but I'd apply for a re-entry permit to be on the safe side.

As far as citizenship goes, I'd read the citizenship guide at the USCIS page to see what are the rules regarding continuity of presence in the US.

[*Robert* 2]

If you make several short trips back to US while spending the majority of the year abroad immigration might consider that you're not living in the US anymore and that it's an abandonment of your PR status.

Another VJer might have more experience regarding this but I'd apply for a re-entry permit to be on the safe side.

As far as citizenship goes, I'd read the citizenship guide at the USCIS page to see what are the rules regarding continuity of presence in the US.

I have to agree with Laura on this. If you read the guide "How do I get a re-entry permit?" that I provided a link to, getting the re-entry permit lets the USCIS and CBP know that you are NOT abandoning your residency and taking up residence in another country. You just need to get your biometrics done before you leave.

[bobbymoo 0]

thank you for your input -- super appreciated.

so one last question -- i'm submitting I-751 next month for the conditional greencard that will expire Oct 12.

do i file for a re-entry permit at the same time (as the job would start in october) or is there a rule that i would have to wait until i receive the NOA for the I-751?

If you make several short trips back to US while spending the majority of the year abroad immigration might consider that you're not living in the US anymore and that it's an abandonment of your PR status.

Another VJer might have more experience regarding this but I'd apply for a re-entry permit to be on the safe side.

As far as citizenship goes, I'd read the citizenship guide at the USCIS page to see what are the rules regarding continuity of presence in the US.

I have to agree with Laura on this. If you read the guide "How do I get a re-entry permit?" that I provided a link to, getting the re-entry permit lets the USCIS and CBP know that you are NOT abandoning your residency and taking up residence in another country. You just need to get your biometrics done before you leave.

[Ken&Barbie 0]

I think this is difficult because it is advisable that you do biometrics before you leave and file re-entry permit....still before you leave.

[*Robert* 2]

You can file the I-131 anytime. You'll have to get your biometrics done for the I-131 before you leave. Keep in mind, you'll also have to do biometrics for your I-751, and either you will need to get them done before you leave, or come back to do them.