Working overseas (in Singapore)

[celiothrkn 0]

My employer is an American LLC incorporated in NJ (private sector). The LLC was recently bought by a Group based in London. The new owners (the Group) wants to permanently move some of our operations (including my department) to their other subsidiary/office in Singapore. I have the option of relocating the entire family to Singapore OR face involuntary termination + look for new a job in the US. If we go to Singapore, I don't know how many years the assignment will be, but we eventually will return to the US (most likely by resigning and finding a new job in the US).

My wife came to the US on a CR1 visa May 2010 (so she's halfway through her 2-year conditional Green Card). We should be removing conditions in ten months or so (May 2012). Further down the road, we also intend on applying for naturalization, which she'll be eligible for after holding a Green Card for at least 3 years.

Questions:

1. Since removing conditions requires biometrics, it appears we must be physically be in the US to remove conditions. We can't do this at a US embassy/consulate. Right?

2.

In certain cases, spouses of US citizens employed abroad may qualify for naturalization regardless of their time as permanent residents. These spouses may qualify if the US citizen is “in the employment of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof."

If we go to Singapore, my employer will become a locally-incorporated company in Singapore. In other words I will not be receiving a paycheck from the LLC in NJ anymore. Do we qualify?

If anyone has experience with this, please tell me your story. Obviously I will also be consulting an immigration lawyer on this delicate issue.

3. If/when we arrive in Singapore, we can either stay on our visa OR apply for PR permanent residency. If we apply for PR in Singapore, will the US government revoke my wife's PR status (Green Card) on the grounds that she's taken up residence in another country? FYI we can save approximately 10% on local taxes if we take up PR status in Singapore.

[Virginian61 1]

There are a lot of variables here. It depends in part on how long you will be abroad. Consulting a good lawyer is always a good idea.

As a starting place look on the USCIS website. There's lots of useful info there. In particular, the instructions for form I-131.

Good Luck

[Anh map 2,098]

From what you are saying the move to Singapore makes sense for your family. Your wife's GC will be expired/abandoned if you're there for a few years. When you are ready to return the US you would apply for a spouse visa.

Best of luck to you! Sounds like a great move.

[deidre 13]

How exciting! You will love it in Singapore. As for your wife's status here in the US, I know that you are able to apply to remove conditions if you are overseas temporarily - this term can be used in many ways - temporary could mean 6 months or 3 years, as long as you have the intent to come back to the US. If you have your family here in the US, be sure to change your address to their place so that way you will receive any correspondence they might send you.

Im sure your immigration lawyer will know more...i hope!!

Also, I think it will be highly unlikely that you will be allowed to get PR in Singapore based on working there. They are very strict on their immigration. You may also want to research into that also.

But good luck to you and yours on your new adventure!