Working overseas before eligible to apply for 10 year

[vny 0]

Hey everyone,

Just wondering if anybody would know what I would need to do in this situation. My wife has her 2 year green card as of June 2009. I don't want to jinx it yet, but I've been trying to get a job in the country she is from (Japan). I was just wondering what we would need to do if I got the job before next March when we are eligible to apply for the 10 year card. Can I still apply if I am working there. Just checking because my work, if I could get it, would be on a 3 - 5 year contract, so we would eventually want to come back to the states. Would we have to let her GC expire and then reapply going the DCF route or can we apply for the 10 year while we are overseas. Like I said, I don't have the job yet and don't want to jinx it, but I just was wondering so we can be prepared, in case. Thanks for any replies.

[T and M 1]

Is your job for a US company? If so, you could apply for expedited citizenship for your wife under 319b. (Search forums.) If not, you should have to demonstrate that your job is temporary in nature, and apply for a re-entry permit, although that would only permit your wife to be out of the country for 2 years before she would have to come back to the US and apply for another re-entry permit. If you apply for removal of conditions while living abroad - assuming she is able to maintain her permanent residence in the US, possible, but not easy - it is likely that you're case will be put on overseas hold. (Again, search forums.)

Bottom line, it would be much easier if you waited for your wife to be naturalized before looking for work abroad. If you don't want to wait, you'll have to weigh the hassle of all the re-entry permits and overseas holds and possible loss of her GC with just going and then re-applying for a new GC when you guys decide to come back. Of course, it is rather difficult for the wife of a USC to get a tourist visa to visit the US, but it might be easier for Japanese than for other nationalities, ie Mexicans.

If you can get a job with the US company in Japan that is "engaged in the development of US foreign trade," I think 319b is your best bet. It is mostly used for military service, but there are also possibilities for missionaries and employees of US companies.

Good luck!

[vny 0]

Thanks T and M,

But not sure if she will apply for citizenship yet. We are still up in the air about that and I won't push her because she is still loyal to her country. We always have playful spats about that (e.g., Olympics, etc.).

Anyways, yes, sort of US company, but more like US Gov. Not in military, but been applying for civil service jobs in Japan. So just wondering about what we would need to do if in case I can land a job there. If not, my job here is stable, but I've been wanting to experience life there, that's why. Yes, yes, yes, I know the grass is always greener, but.......... lol.

Thanks again,

vny

[justashooter 430]

civil service jobs have some benefits in terms of spouse living overseas before citizenship. in some cases this overseas time does not count against their "3 year / 50%" requirement. google it.

[vny 0]

Thanks also justashooter,

I guess if I ever get that job, then I'll probably run into someone with a similar situation and I can ask them.

If anyone else knows would still appreciate it. I just want to know if I can still apply for her 10 year card (not citizenship) if we are living overseas. With the our 2 year GC, we are not eligible to apply for that until March 2011, but I'm hoping that I can get a job there later this year. Just trying to look ahead.

If you're wondering why we need GC if we are living overseas is because this job will only be on a 3-5 year contract and we will come back to the US afterward.

Thanks again everyone,

vny

[vny 0]

Thanks also justashooter,

I guess if I ever get that job, then I'll probably run into someone with a similar situation and I can ask them.

If anyone else knows would still appreciate it. I just want to know if I can still apply for her 10 year card (not citizenship) if we are living overseas. With the our 2 year GC, we are not eligible to apply for that until March 2011, but I'm hoping that I can get a job there later this year. Just trying to look ahead.

If you're wondering why we need GC if we are living overseas is because this job will only be on a 3-5 year contract and we will come back to the US afterward.

Thanks again everyone,

vny

[vny 0]

Thanks also justashooter,

I guess if I ever get that job, then I'll probably run into someone with a similar situation and I can ask them.

If anyone else knows would still appreciate it. I just want to know if I can still apply for her 10 year card (not citizenship) if we are living overseas. With the our 2 year GC, we are not eligible to apply for that until March 2011, but I'm hoping that I can get a job there later this year. Just trying to look ahead.

If you're wondering why we need GC if we are living overseas is because this job will only be on a 3-5 year contract and we will come back to the US afterward.

Thanks again everyone,

vny

[T and M 1]

Thanks also justashooter,

I guess if I ever get that job, then I'll probably run into someone with a similar situation and I can ask them.

If anyone else knows would still appreciate it. I just want to know if I can still apply for her 10 year card (not citizenship) if we are living overseas. With the our 2 year GC, we are not eligible to apply for that until March 2011, but I'm hoping that I can get a job there later this year. Just trying to look ahead.

If you're wondering why we need GC if we are living overseas is because this job will only be on a 3-5 year contract and we will come back to the US afterward.

Thanks again everyone,

vny

The quick answer to your question is yes, you can apply for ROC while overseas, but you'll need to be open about your living situation, explain that it's a US-company. If it's a military contractor, even better. In any case, you're wife may need to come back to the States after 2 years and apply for a second (and even third), re-entry permit that allows GC holders to leave the US for more than 1 year for a good reason. I temporary job contract in another country is a good reason.

You might not get the conditions removed, and your case might be put on overseas hold if you are overseas (with permission) during the I-751 processing. But if you do decide to move back to the US, it will probably be taken off overseas hold at that time.

I don't see what your wife's loyalty to Japan has to do with naturalization in the US. Millions of naturalized Americans maintain their citizenships (and passports) back home, and they would find it strange to claim that by acquiring US citizenship they were somehow renouncing claims to their original nationality (or loyalty to their home country.)

[Yurika & Jim 77]

I don't see what your wife's loyalty to Japan has to do with naturalization in the US. Millions of naturalized Americans maintain their citizenships (and passports) back home, and they would find it strange to claim that by acquiring US citizenship they were somehow renouncing claims to their original nationality (or loyalty to their home country.)

I know US doesn't care about dual citizenship. But Japanese law states Japan does not allow dual citizenship basically.

This web site shows it too. http://www.***removed***....-countries.html FYI, your country is on the list too

I think she doesn't want to screw up Japanese citizenship, like pention etc... Me too!

[vny 0]

I think she doesn't want to screw up Japanese citizenship, like pention etc... Me too!

Yep, thanks for clarifying that. I'm pretty sure that is a big part of it. She kept mentioning that she was qualified for pension too and made sure she went to the office before she actually came over.

For me, it is not such a big deal for her to retain her citizenship there, because maybe if I like the job there, I may want to move there permanently when I retire. I just wanted to know that I will have that option in 3 - 5 years if I ever get that job. I guess if I'm working there, we can always reapply on the I-130 through DCF.

[Tsup2 0]

I am currently living in Okinawa and work as a DOD civilian. Your only option in my view is to apply for expedited citizenship after you have 6 months residency in Japan. Even if you were to receive the 10 year green card a green card holder can not reside outside the US for greater than one year without invalidating their residency status. It sounds like you want it both ways, not that I fault you for that.

[T and M 1]

I know US doesn't care about dual citizenship. But Japanese law states Japan does not allow dual citizenship basically.

This web site shows it too. http://www.***removed***....-countries.html FYI, your country is on the list too

I think she doesn't want to screw up Japanese citizenship, like pention etc... Me too!

Fascinating. I didn't think about the fact that some countries prohibit dual citizenship. Yes, my wife's country is on the list, but that's under the old law. Since 2002, Bolivia has allowed - and even "recognized" - dual citizenship.

NB: there is some confusion about "allowing" vs. "recognizing." For example, the US doesn't recognize dual citizenship - as far as the USG is concerned, a US citizen is "only" a US citizen. But the USG doesn't prohibit holding other citizenships...it just doesn't consider it its jurisdiction. China recently passed a law (or was that Vietnam) that actually "recognizes" dual citizenship. Meaning these people put "Chinese-American" on the "citizenship" line of any Chinese (or Vietnamese...I can't remember) govt documents.

It's an important distinction. In fact, most countries - like Zimbabwe - who prohibit dual citizenship never really crack down on it, mostly because it is almost impossible to prove.

[vny 0]

I am currently living in Okinawa and work as a DOD civilian. Your only option in my view is to apply for expedited citizenship after you have 6 months residency in Japan. Even if you were to receive the 10 year green card a green card holder can not reside outside the US for greater than one year without invalidating their residency status. It sounds like you want it both ways, not that I fault you for that.

Thanks Tsup2,

Yes, you are right, I do/did want it both ways and didn't know that there was the 1 year rule. So I guess the answer is to let her GC expire and then if and when we decide to move back, go file another I-130 petition through the counsulate in Japan. BTW, I just saw on the website that I was selected for the position in Japan (yup, DOD civilian too at Yokosuka), so I guess we will have some of these issues to deal with soon. Oh well, such is life. Thanks everyone for your replies. Really appreciate it.

vny

[kiwibecka 0]

Hi vny,

I am currently in the situation you are talking about. I have a lot of questions of my own but I can at least tell you how things are working out for us right now.

My husband and I left the US in February this year because my husband got a job at a university in Europe (contract is for 3 years). We therefore do not count for the military/govt exceptions others have mentioned. After a lot of careful consideration, I decided my best bet was to apply for the re-entry permit, which I now have. This permit allows me to be outside of the US for two years (it was also fairly painless to get). In the meantime, I need to apply for the conditions to be removed from my green card in December this year. So far, everything has worked out fine, although I guess you never know until you try to go back!

In applying for the re-entry permit, I was honest and said we would be away for 3 years but that we planned to return after that time, and I have also sent away my change of address form, putting our European address as the new address.

What I am not sure about and need to get further info on is whether or not I need to apply for the conditions to be removed while being in the US, or if I can do it from here. I looked at this stuff at the time I applied for the re-entry permit and I have some vague recollection of needing to be in the US at some point (perhaps for more biometrics?). I also can't remember what happens to my re-entry permit at the time of my conditions being removed. I may well have to apply for another one at the same time.

I will continue to look into this and will let you know what I find. In the meantime, I guess I'm left wondering whether letting this one go and re-applying for a ten year GC when we go back is more or less of a pain/expense? Our first baby is due in Sept too, which adds another little dilemma to the mix!

Let me know if I can be of any help to you anyway. And good luck for the job, we lived in Kyoto before moving to the US and absolutely loved it!

Thanks Tsup2,

Yes, you are right, I do/did want it both ways and didn't know that there was the 1 year rule. So I guess the answer is to let her GC expire and then if and when we decide to move back, go file another I-130 petition through the counsulate in Japan. BTW, I just saw on the website that I was selected for the position in Japan (yup, DOD civilian too at Yokosuka), so I guess we will have some of these issues to deal with soon. Oh well, such is life. Thanks everyone for your replies. Really appreciate it.

vny

[vny 0]

Thanks kiwibecka,

Wow, your case is even more interesting since you currently aren't even in the country you came from. But yes, please let us know if you do find out more and I will too. I'm hoping that if the job does go through, then I'll find someone there that is in the same/similar boat and can learn from them too.

See, but then again, we will be in my wife's country and I think we can go the Direct Consular Filing method too since there is a counsulate there in Tokyo. Heard it was faster that way, but I'm just wondering what is the consequence of abandoning a GC, then reapplying for one later. Would that put undue delays on the process? I don't know, but I guess since we will be together when this is all happening, then it would be better than the first time when we had to live apart until she was approved.

Too bad we all have to go through these kinds of things because people way back when decided to draw lines on the map. lol.

Anyways, congratulations and best wishes for a happy and healthy baby. After all, those are the things that really matters in this life. Good luck and best wishes.

vny