Moving Abroad

[Damian&Kelly 16]

Not sure this is in the right place at all, So I'm sorry if it's not.

I have a few questions about citizenship for my husband. He moved here to the US, May 2008, (on K-1) but we waited (financial Reasons) almost a year to apply for AOS, so he received his 2 yr Green card July 2009. My understanding is he can apply for citizenship 90 days before 3 years of the date on his green card, so April 2012. I hope this is all right, this isn't the part I'm confused with.

My husband brought up today, that he'd like to think about moving back to England, if our future plans fall through. A back up plan so we're not put into a situation with no way out. We've always planned to move back in a few years time after he became a US citizen. But with this being said, the future plans are suppose to be going through in September of this year, which means if this falls through, we'll be looking to move back far sooner than expected, and before the 90 day window opens.

We were just wondering what happens if we move before he can become a citizen. We just filed for ROC, so we won't be leaving before he gets his 10 year green card, Which should be around the End of the year. We really don't want to start over if we want to come back. So what do we have to do for him to be able to keep the 10 year green card, even if we're living in England? Also can he apply for citizenship if he's not living in the US? If he can apply for US citizenship from abroad, how does this work? What residency requirements are there?

Thanks in advanced for all your help!

Kelly

[gandacel 7]

1. Maintainting permanent resident status - keep the 10 year green card

Answer from uscis website:"You may be found to have abandoned your permanent resident status if you:

a. Move to another country intending to live there permanently

b. Remain outside of the United States for more than 1 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 United States may be considered, even if less than 1 year

c. Remain outside of the United States for more than 2 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 United States may be considered, even if less than 1 year

d. Fail to file income tax returns while living outside of the United States for any period

e. Declare yourself a “nonimmigrant” on your tax returns"

2. Citizenship requirements: an applicant must:

a. Be 18 or older

b. Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization

c. Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application

d. Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application

e. Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application

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

g. Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application

h. Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also know as civics)

i. Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law"

[Damian&Kelly 16]

Thank you. Looks like we have an option leave with the option of starting over, or wait a few more months before leaving the US.

We'd really love to be done with at least US immigration before having children, but I guess time is on our side, since we're still young.

[Tempo House 6]

To add to what gandacel says, read the instructions document for Form I-131. This form (the same form you may have used for Advance Parole) allows you to apply for a Reentry Permit. Biometrics are required for people of typical age, so you'll need to be in the U.S. for that before leaving.

Regarding citizenship eligibility, there is a requirement of continuous residence in the U.S. which according to I-131 instructions, being outside for one year or more will break. You can file Form N-470, "Application to Preserve Residence for Naturalization Purposes"; not sure what that buys you, but presumably it's going to help.

[Damian&Kelly 16]

Thank you both for the advice. I talked to my husband about this, and we've decided that we'll wait to get his citizenship before moving. We'll have to sort me a visa for England anyways so by the time that's sorted it will probably be time to file anyways, and whats another 6 months after the last few years.

[LIFE'SJOURNEY 970]

Please be aware that if your husband files for citizenship, he MUST file his US taxes EVERY year for all income earned no matter where he is residing.

Getting your US citizenship, doesn't give him a free card to enter the US, it comes with obligations such as taxes, selective service, etc.

[Damian&Kelly 16]

Yes, I'm aware of the taxes. We'll deal with this when the time comes. I'm not sure if we'll be moving back right away anyways, and our original plan was to wait until we're done with US immigration before having kids. We'd love to stick with that plan, even if we decide to move back to England.

[Brother Hesekiel 2,236]

Option 1:

Wait with your move to the Kingdom until has become a US citizen

Option 2: Move as late as possible, then plan on having him return at least once to the US to get the naturalization process going.

A friend can mail in the N-400 application and check the mailbox, but he'll have to show up for the biometrics, the interview, and the Oath Ceremony. I believe PA is among the few USCIS field offices that offer a same-day oath. So at the worst, you're looking at the cost of 2 round trips. Still a heck of a deal for an additional citizenship.

[Damian&Kelly 16]

Thank you, Just Bob.

I didn't know if leaving before applying, even if it's just a month or so, would mess anything up.

One last question, since the time my husband got his green card, July 2009, He's been out of the US for a month in total. Does this affect anything? Or can he still apply for citizenship when the 90 days open, April 2012?

We've been weighing up our options, as this plan B has most to do with our employment situation so will have to be discussed sooner then put into action. And as it stands, by next summer, we'll be either getting ready to move to England or buying a house and settling down and permanently planting our roots for the next few years. If Plan B is used, moving to England, it's because the employment situation fell through and we're short of money so 2 round trips will be pretty much out of the question.

Thanks everyone again!

[BSquared 9]

Thank you, Just Bob.

I didn't know if leaving before applying, even if it's just a month or so, would mess anything up.

One last question, since the time my husband got his green card, July 2009, He's been out of the US for a month in total. Does this affect anything? Or can he still apply for citizenship when the 90 days open, April 2012?

We've been weighing up our options, as this plan B has most to do with our employment situation so will have to be discussed sooner then put into action. And as it stands, by next summer, we'll be either getting ready to move to England or buying a house and settling down and permanently planting our roots for the next few years. If Plan B is used, moving to England, it's because the employment situation fell through and we're short of money so 2 round trips will be pretty much out of the question.

Thanks everyone again!

Kelly, from everything that I've read on here (ps - thanks!) I don't think that a month out of the US will change things. Plus, I'm pretty sure you guys did it in trips. Right? Either way - I think he has to be out of the US for an extended period of time in order for the trips to play a role in his applying for Citizenship. You should be alright.

And if it matters (even though your mom would hate it!) I would move to England for a bit - experience his 'world'. I would with Ben. It will give you guys the opportunity to decide what's really best for you - and what will make you happiest.

[Brother Hesekiel 2,236]

Sorry . . . just discovered the question.

The month-or-so absence from the US is totally a non issue.

[ashleyandjonoz 3]

I would get his citizenship before you do anything. We are contemplating moving to Australia so the kids can get a new experience and spend more time with his family, so we have kind of a 12-18mo plan. We are in the process of naturalization right now, plus you mentioned the visa YOU would need for England and who knows how long that will take and what cost that may be as well! In my opinion and experience, I think it's best to just get all the paperwork done and over with so you don't have to worry about it and have to worry about other people sending in your paperwork and it going missing, etc.

Also, his one month trip doesn't matter. I think if you are out of the country for over a year, permanent residence is no longer valid. When applying for naturalization, we have gone to Australia twice for 3 weeks and Canada for a long weekend. Hope that helps!