Residency requirements if working for USAID contractor?

[Nathaniel T 0]

Hello,

My wife was just approved for her CR-1 visa today, which we're obviously thrilled about. We filed through DCF in Kinshasa (DR Congo), and were approved very quickly. I'm a USC, and I work here for a TetraTech, a USAID subcontractor on a project that will be continuing until September 2013.

What I'm a little confused about are residency requirements for her new green card, once she gets to the States. As I'm working (indirectly) for USAID and as such am assigned full-time to a position overseas, do the same residency requirements for her to maintain her new status apply, or do we fall under the heading of “A U.S. firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm or corporation,” which seems to change the requirement.

Any advice here would be greatly appreciated.

[Jojo92122 1,925]

Hello,

My wife was just approved for her CR-1 visa today, which we're obviously thrilled about. We filed through DCF in Kinshasa (DR Congo), and were approved very quickly. I'm a USC, and I work here for a TetraTech, a USAID subcontractor on a project that will be continuing until September 2013.

What I'm a little confused about are residency requirements for her new green card, once she gets to the States. As I'm working (indirectly) for USAID and as such am assigned full-time to a position overseas, do the same residency requirements for her to maintain her new status apply, or do we fall under the heading of “A U.S. firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm or corporation,” which seems to change the requirement.

Any advice here would be greatly appreciated.

Where are you getting the quoted language from? Is it from the naturalization page? Why did you apply for a CR-1 if your wife does not intend to permanently reside in the US until after September 2013.

Your wife may be deemed to abandon her legal permanent residency if she does not maintain ties to the US. Having a US spouse, especially one residing outside the US, is not going to be enough to maintain her LPR status.

Read this; http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Abandoning Permanent Resident Status

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 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

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

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

Declare yourself a “nonimmigrant” on your tax returns

[Nathaniel T 0]

Thank you for the clarification, and the link.

I was reading this information directly from DOS regarding naturalization (Attached- http://www.state.gov/documents/organization/79520.pdf), where the document specifically says the following:

"SECTION 319(B) OF THE IMMIGRATION AND NATIONALITY ACT ALLOWS CERTAIN SPOUSES OF UNITED STATES

CITIZENS REGULARLY STATIONED ABROAD TO NATURALIZE WITHOUT ANY REQUIRED PERIOD OF PERMANENT

RESIDENCE, PROVIDED THAT THEY WILL BE RESIDING ABROAD WITH THEIR U.S. CITIZEN SPOUSE AFTER

NATURALIZATION. AN APPLICANT MUST DECLARE IN GOOD FAITH AN INTENTION TO RESIDE PERMANENTLY IN THE

UNITED STATES WHEN THE SPOUSE’S EMPLOYMENT TERMINATES"

Additionally, there is more specific guidance which I think applies to my situation

The U.S. citizen must be “regularly stationed abroad” 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 U.S., or a subsidiary thereof;

5. YOUR USC SPOUSE MUST HAVE AT LEAST 1 YEAR REMAINING ON HIS OR HER

OVERSEAS DUTY AT THE TIME OF YOUR NATURALIZATION; AND

6. You must show evidence that you will join your spouse overseas within 45 days of your naturalization.

As all of these conditions apply to me, I think that this should assist us with this issue. Any thoughts?

Thank you

Where are you getting the quoted language from? Is it from the naturalization page? Why did you apply for a CR-1 if your wife does not intend to permanently reside in the US until after September 2013.

Your wife may be deemed to abandon her legal permanent residency if she does not maintain ties to the US. Having a US spouse, especially one residing outside the US, is not going to be enough to maintain her LPR status.

Read this; http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Abandoning Permanent Resident Status

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 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

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

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

Declare yourself a “nonimmigrant” on your tax returns

Thank you for the clarification, and the link.

I was reading this information directly from DOS regarding naturalization (Attached- http://www.state.gov/documents/organization/79520.pdf), where the document specifically says the following:

"SECTION 319(B) OF THE IMMIGRATION AND NATIONALITY ACT ALLOWS CERTAIN SPOUSES OF UNITED STATES

CITIZENS REGULARLY STATIONED ABROAD TO NATURALIZE WITHOUT ANY REQUIRED PERIOD OF PERMANENT

RESIDENCE, PROVIDED THAT THEY WILL BE RESIDING ABROAD WITH THEIR U.S. CITIZEN SPOUSE AFTER

NATURALIZATION. AN APPLICANT MUST DECLARE IN GOOD FAITH AN INTENTION TO RESIDE PERMANENTLY IN THE

UNITED STATES WHEN THE SPOUSE’S EMPLOYMENT TERMINATES"

Additionally, there is more specific guidance which I think applies to my situation

The U.S. citizen must be “regularly stationed abroad” 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 U.S., or a subsidiary thereof;

5. YOUR USC SPOUSE MUST HAVE AT LEAST 1 YEAR REMAINING ON HIS OR HER

OVERSEAS DUTY AT THE TIME OF YOUR NATURALIZATION; AND

6. You must show evidence that you will join your spouse overseas within 45 days of your naturalization.

As all of these conditions apply to me, I think that this should assist us with this issue. Any thoughts?

Thank you

Where are you getting the quoted language from? Is it from the naturalization page? Why did you apply for a CR-1 if your wife does not intend to permanently reside in the US until after September 2013.

Your wife may be deemed to abandon her legal permanent residency if she does not maintain ties to the US. Having a US spouse, especially one residing outside the US, is not going to be enough to maintain her LPR status.

Read this; http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Abandoning Permanent Resident Status

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 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

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

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

Declare yourself a “nonimmigrant” on your tax returns

79520.pdf

[Jojo92122 1,925]

Thank you for the clarification, and the link.

I was reading this information directly from DOS regarding naturalization (Attached- http://www.state.gov/documents/organization/79520.pdf), where the document specifically says the following:

"SECTION 319(B) OF THE IMMIGRATION AND NATIONALITY ACT ALLOWS CERTAIN SPOUSES OF UNITED STATES

CITIZENS REGULARLY STATIONED ABROAD TO NATURALIZE WITHOUT ANY REQUIRED PERIOD OF PERMANENT

RESIDENCE, PROVIDED THAT THEY WILL BE RESIDING ABROAD WITH THEIR U.S. CITIZEN SPOUSE AFTER

NATURALIZATION. AN APPLICANT MUST DECLARE IN GOOD FAITH AN INTENTION TO RESIDE PERMANENTLY IN THE

UNITED STATES WHEN THE SPOUSE’S EMPLOYMENT TERMINATES"

Additionally, there is more specific guidance which I think applies to my situation

The U.S. citizen must be “regularly stationed abroad” 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 U.S., or a subsidiary thereof;

5. YOUR USC SPOUSE MUST HAVE AT LEAST 1 YEAR REMAINING ON HIS OR HER

OVERSEAS DUTY AT THE TIME OF YOUR NATURALIZATION; AND

6. You must show evidence that you will join your spouse overseas within 45 days of your naturalization.

As all of these conditions apply to me, I think that this should assist us with this issue. Any thoughts?

Thank you

Thank you for the clarification, and the link.

I was reading this information directly from DOS regarding naturalization (Attached- http://www.state.gov/documents/organization/79520.pdf), where the document specifically says the following:

"SECTION 319(B) OF THE IMMIGRATION AND NATIONALITY ACT ALLOWS CERTAIN SPOUSES OF UNITED STATES

CITIZENS REGULARLY STATIONED ABROAD TO NATURALIZE WITHOUT ANY REQUIRED PERIOD OF PERMANENT

RESIDENCE, PROVIDED THAT THEY WILL BE RESIDING ABROAD WITH THEIR U.S. CITIZEN SPOUSE AFTER

NATURALIZATION. AN APPLICANT MUST DECLARE IN GOOD FAITH AN INTENTION TO RESIDE PERMANENTLY IN THE

UNITED STATES WHEN THE SPOUSE’S EMPLOYMENT TERMINATES"

Additionally, there is more specific guidance which I think applies to my situation

The U.S. citizen must be “regularly stationed abroad” 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 U.S., or a subsidiary thereof;

5. YOUR USC SPOUSE MUST HAVE AT LEAST 1 YEAR REMAINING ON HIS OR HER

OVERSEAS DUTY AT THE TIME OF YOUR NATURALIZATION; AND

6. You must show evidence that you will join your spouse overseas within 45 days of your naturalization.

As all of these conditions apply to me, I think that this should assist us with this issue. Any thoughts?

Thank you

This is about naturalization. This is not about maintaining legal permanent residency. While the two subjects are interconnected, they are distinct things.

Notice the part that I highlighted which states the spouse of a US citizen under certain conditions can naturalize without any period of permanent residency. It doesn't say anything about how the spouse of a US citizen can maintain permanent residency.

Edited August 16, 2011 by Jojo92122

[Nathaniel T 0]

Thank you again for the input, I appreciate having the advice, it's very helpful.

I realize that residency and naturalization are two different areas, although they are, of course, interconnected as you said. When I first asked this question, I was thinking more about specific residency requirements, but as I learned more about this possible option, I'm wondering if we might be able to avoid a lot of these issues due to my expat status as a government contractor. Do you know of any cases where there has been a similar precedent? I ask because in reading through the requirements of this section, it really does seem like I should be able to meet the criteria.

Any additional thoughts on this would be great.

This is about naturalization. This is not about maintaining legal permanent residency. While the two subjects are interconnected, they are distinct things.

Notice the part that I highlighted which states the spouse of a US citizen under certain conditions can naturalize without any period of permanent residency. It doesn't say anything about how the spouse of a US citizen can maintain permanent residency.