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Moving overseas while on conditional green card conditional green card

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Filed: K-1 Visa Country: India
Timeline

My wife will finish her 2-years on her conditional green card in June 2010. She can apply for her U.S. Citizenship by June 2011 (or actually April 2011, as she can apply 90 days in advance).

I have gotten a job that requires us to relocate to Asia in by May 2010. We can certainly apply for the conditions to be removed now.

The big question is this-- Can she apply for her U.S. Citizenship in 2011, even though she will be out of the country for the next year. What forms do I need to apply for? Is there any way to maintain her residency so that she can apply for her US citizenship?

Much thanks

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Part of the requirements for US citizenship is residence here.

Become familiar with this document:

http://www.uscis.gov/files/article/chapter4.pdf


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Filed: Citizen (apr) Country: Canada
Timeline

No, if you follow through with what you suggest your wife would no longer be eligible for citizenship. She would not meet both her residency requirement and may not meet her physical presence requirements in the US. Any disruption of residency for more than 6 months at a time restarts the clock on when she is eligible to apply for citizenship, so she would start all over again from the beginning when she returned to the US, and have to get 3 more years of continued residence in the US before she would be eligible to apply for citizenship.

As well, leaving the US to go and live in another country will very likely compromise her whole permanent resident status because part of keeping a green card valid is living in the US. If she takes up residence in another country, then she is generally deemed by USCIS to have abandoned her permanent residency and you would have to start the immigration process all over again from the beginning when you wanted to return to the US. If you expect to be out of the US for no more than 2 years then she can apply for a re-entry permit/returning resident document that indicates to USCIS that she is still residing in the US and her absence from the US is only temporary. You should realize, though, that any length of absence - especially where you take up residence outside of the US - can be interpreted by USCIS officials as abandoning her green card.

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Filed: K-1 Visa Country: India
Timeline

So would you suggest that she returns to the US every 5-months (so that she is not outside the country for more than 180 days at a stretch).

Or should she file N-470? By filing this form, is she exempt from being required to stay in the US.

No, if you follow through with what you suggest your wife would no longer be eligible for citizenship. She would not meet both her residency requirement and may not meet her physical presence requirements in the US. Any disruption of residency for more than 6 months at a time restarts the clock on when she is eligible to apply for citizenship, so she would start all over again from the beginning when she returned to the US, and have to get 3 more years of continued residence in the US before she would be eligible to apply for citizenship.

As well, leaving the US to go and live in another country will very likely compromise her whole permanent resident status because part of keeping a green card valid is living in the US. If she takes up residence in another country, then she is generally deemed by USCIS to have abandoned her permanent residency and you would have to start the immigration process all over again from the beginning when you wanted to return to the US. If you expect to be out of the US for no more than 2 years then she can apply for a re-entry permit/returning resident document that indicates to USCIS that she is still residing in the US and her absence from the US is only temporary. You should realize, though, that any length of absence - especially where you take up residence outside of the US - can be interpreted by USCIS officials as abandoning her green card.

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Filed: Country: Australia
Timeline

So would you suggest that she returns to the US every 5-months (so that she is not outside the country for more than 180 days at a stretch).

Or should she file N-470? By filing this form, is she exempt from being required to stay in the US.

OR your situation may fall into the 'expeditious naturalization' possibility allowing your wife to apply for naturalization NOW!

A big 'if' though is whether you work for a 'American company' which I've found difficult to understand. thread on this topic: http://www.visajourney.com/forums/topic/261371-expeditious-naturalization-319b-american-company-definition/

do a search on 319(b) or expeditious naturalization to learn more

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Filed: Citizen (apr) Country: Pakistan
Timeline

Let me Dodge the if's and But's and make it more simple.

Your wife's Residency Status will be in jeapordy when you relocate to Asia before her naturalization. Looking at your flag, I am presuming by Asia you mean India. Unless you work for the Military, there is no way around it. You must maintain Permanent residency within the US at all times. The maximum amount of time outside the US is 6 months and that too, with the proof that you have not abandoned your Permanent Residency in the US.


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