Jump to content
Sign in to follow this  
Satisfaction

Working overseas and maintaining US residency

11 posts in this topic

Recommended Posts

I am not sure whether anyone here has been in the same situation. I have already started K3 and I-130 for my husband. Luckily enough, the process has gone pretty smoothly until now. He should have his interview next month at the overseas consulate, if all goes well...

In the meantine, my company has job openings in Europe and I have always wanted to take a job there (better salary, better allowances i.e. education in an international school for the kids, safe environment ) What will happen to my husband's status if he moves to Europe with me/us? Will he lose his temporary residency/Greencard? Or will he be able to keep his conditional residency anyway, even though he is not living in the US? :unsure:

I have made some research and have seen that I can still pay some taxes in the US, even though I will be employed overseas and paid in the European currency; and as such subject to the host country taxation law (there are different taxation treaties between the USA and each European country to avoid the "double taxation"). At the same time, I plan to cease my lease once we move to Europe.

Any advice?

Thank you ;)


Sometimes I think I know everything, and I regain consciousness. Seen it all, done it all, forgot most of it....

So much plenitude, yet so much emptiness

everest-summit.jpg

The Journey, Part I: I-129F (K-3)

I 129F sent to Chicago 11/14/05

NOA1 12/14/05, received by snail mail 12/23/05

NOA2 01/17/06, received by snail mail 01/20/05

Received Packet "3" 02/17/06

Medicals done in Nairobi 03/22/06

VISA APPROVED in Nairobi 03/30/06

Husband arrives ni USA!

The Journey, Part II: EAD and AOS

EAD mailed to Chicago 05/17/06

horserun.gif

Share this post


Link to post
Share on other sites
Filed: Timeline

Satisfaction,

My advise is, find an immigration attorney who has experience with abandonment issues and discuss the specifics of your situation with them. Then follow their advice on the steps that you and your husband can take to maintain his LPR status.

Yodrak

I am not sure whether anyone here has been in the same situation. I have already started K3 and I-130 for my husband. Luckily enough, the process has gone pretty smoothly until now. He should have his interview next month at the overseas consulate, if all goes well...

In the meantine, my company has job openings in Europe and I have always wanted to take a job there (better salary, better allowances i.e. education in an international school for the kids, safe environment ) What will happen to my husband's status if he moves to Europe with me/us? Will he lose his temporary residency/Greencard? Or will he be able to keep his conditional residency anyway, even though he is not living in the US? :unsure:

I have made some research and have seen that I can still pay some taxes in the US, even though I will be employed overseas and paid in the European currency; and as such subject to the host country taxation law (there are different taxation treaties between the USA and each European country to avoid the "double taxation"). At the same time, I plan to cease my lease once we move to Europe.

Any advice?

Thank you ;)

Share this post


Link to post
Share on other sites

Yes, I think I would ask an attorney. I am unsure whether this is "abandonment" literally or not, as my company will transfer me for a 1 year contract overseas (renewable). It is hard to find information on the subject. I read that there is a possibility of keeping residency status for up to a two years' period, even if not living in the US, but some forms must be filled with USCIS. :unsure:


Sometimes I think I know everything, and I regain consciousness. Seen it all, done it all, forgot most of it....

So much plenitude, yet so much emptiness

everest-summit.jpg

The Journey, Part I: I-129F (K-3)

I 129F sent to Chicago 11/14/05

NOA1 12/14/05, received by snail mail 12/23/05

NOA2 01/17/06, received by snail mail 01/20/05

Received Packet "3" 02/17/06

Medicals done in Nairobi 03/22/06

VISA APPROVED in Nairobi 03/30/06

Husband arrives ni USA!

The Journey, Part II: EAD and AOS

EAD mailed to Chicago 05/17/06

horserun.gif

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline
Yes, I think I would ask an attorney. I am unsure whether this is "abandonment" literally or not, as my company will transfer me for a 1 year contract overseas (renewable). It is hard to find information on the subject. I read that there is a possibility of keeping residency status for up to a two years' period, even if not living in the US, but some forms must be filled with USCIS. :unsure:

You must still maintain the Residency aspect in the US and it sounds like you, or more importantly him, will be severing all ties.

Why not have a word with the firms lawyers, they need to sort you out a work visa and might be able to help in the specifics.

The easy answer would be that you probably can not, but we do not know all the circumstances. Plus of course a Lawyer can give you a strategy and an opinion but not a guarantee.

Also check how easy it is to do DCF wherever you are think of moving too.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Satisfaction,

I agree, it is hard to find good info on the subject, seems that there is no clear rule on when exactly LPR status has been abandoned. From what I've gathered, the INS looks at that particular case and all of the circumstances, to see if the green card holder still intends to live in the U.S. permanently.

Some examples of intent to live permanently in the U.S. are:

:star: Filing U.S. taxes

:star: Owning property in the U.S.

:star: Keeping an U.S. abode

:star: Have U.S. bank account with substantial amounts

:star: Memberships, Voting in elections

:star: U.S. Drivers Licence, SSN, letter of indeffinate tendancy, bills etc.

:star: Seems that leaving the U.S. for 6 months and under is usually not a problem. Absence of 6-12 months might get more INS scrutiny. More than 12 months out of the U.S. (without a re-entry permit) might lead the INS to make a presumtion on if the LPR status has been abandoned.

:star: A temporary absence of any length will generally be excused if the LPR was placed abroad by their company...if this applies to your case, I don't know....but do speak to an attorney, hopefully they will have some good suggestions about your situation.

:star: The re-entry permit allows the LPR to stay out of the U.S. for up to 2 years, I'm not sure how they determine who will recieve one and who will be denied. Might ask the attorney if he would be eligble. But if you do apply for one it must be done in the U.S. before the trip abroad, they will send a recipt when they receive it stating that it is being decided. I believe it takes more than 4 months to usually be determined, and if not granted, the LPR should return immediatly to the U.S.

Good Luck in any case, and please note that I STILL haven't DCFed, so I can't say that I really know what I'm talking about....these are just bits of what I'm gathering along the way. :wacko: Breezy

P.S.-Wishing you two luck on his upcoming interview! :thumbs:


Jan 17 2007.......I-130 arrived at Rome Embassy

Feb 23 2007.......I-130 approved

Mar 05 2007.......Naples recieved I-130 from Rome

Mar 21 2007.......NOA recieved from Rome by Fax

Mar 28 2007.......Interview Appt Date set for 8th May

May 08 2007.......Visa Approved, also our Wedding Ann!

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Ireland
Timeline

Here's some info...

1-2 Years: Reentry Permit

If you are a lawful permanent resident or conditional permanent resident and wish to remain outside the United States for more than one year, but less than two, you require a reentry permit. A reentry permit is not required for a trip that is shorter than one year. (You should note that an absence of more than one year will break the period of continuous residence required to become a citizen, even if a reentry permit is issued -- see Application for Preservation of Residence). A Reentry Permit is also issued to lawful permanent residents who want to travel outside the United States, but cannot get a national passport from their country of nationality. A reentry permit is valid for two years and may not be extended.

An application (Form I-131, Application for Travel Document), along with the supporting documentation and fees, should be submitted while in the United States, at least 30 days prior to your proposed date of departure, to: U.S. Citizenship and Immigration Services, Northern Service Center, 100 Centennial Mall North, Room B-26, Lincoln, Nebraska 68508. If you think you may have to leave the United States before the reentry permit is received, you may have it sent to a U.S. Consulate or USCIS office overseas for pick up. There is a place on Form I-131 to furnish the information necessary to receive the reentry permit outside of the United States. However, even though you may receive the reentry permit overseas, the application must be submitted while you are still in the United States.

Application for Preservation of Residence

A Reentry Permit does not preserve residence for naturalization purposes. Form N-470 (Application to Preserve Residence for Naturalization Purposes) must be filed with USCIS prior to departure from the United States. This form is for lawful permanent residents who must leave the United States for certain employment purposes and wish to preserve their immigrant status in order to pursue naturalization. Further information may be obtained from the USCIS office having jurisdiction over your place of residence in the United States. These cases involve persons employed in specific jobs in the United States government and private sector as well as religious organizations.


03.04.2009......Posted I-130 to U.S. Embassy

03.04.2009......Ordered Police Certificate for Visa Purposes from Local Garda Office (ordered over the phone)

03.05.2009......I-130 received at Embassy

03.06.2009......Received Police Cert

03.18.2009......I-130 Approved

09.10.2009......Medical Exam

09.23.2009......Embassy receives Notice of Readiness

10.13.2009......Received our interview date

10.29.2009......Successful interview!

11.5.2009........Visa received in post

11.7.2009........All the family flew to the US together :)

12.20.2009......Received Welcome to America letter

12.24.2009......10 year Greencard received in the mail

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

You can lose residency theoretically in a day.

I have a friend who was out of the country for less than 6 months, only just got back in. That was the final tipping point for him naturalising.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Thank you for the info! I suppose that we are OK if we take care of all the paperwork, at least for a period of two years. It seems easier for people who are transferred overseas by a US company to work, from what I understand. I definitely need to find out more about this. More paperwork, oh well! :whistle:

I am unsure of whether my company call it a "transfer" or not, but from what I understand, I don't think so. Once selected and hired for a vacancy, the branch hire you (me) locally over there... However, certain allowances (i.e. tuition fees in a bilingual/international school for children) and working/temporary visas are provided to USC and their dependents for 1 year (renewable). It's not as if yI was send to work as an expatriate for a US firm. Or is it?


Sometimes I think I know everything, and I regain consciousness. Seen it all, done it all, forgot most of it....

So much plenitude, yet so much emptiness

everest-summit.jpg

The Journey, Part I: I-129F (K-3)

I 129F sent to Chicago 11/14/05

NOA1 12/14/05, received by snail mail 12/23/05

NOA2 01/17/06, received by snail mail 01/20/05

Received Packet "3" 02/17/06

Medicals done in Nairobi 03/22/06

VISA APPROVED in Nairobi 03/30/06

Husband arrives ni USA!

The Journey, Part II: EAD and AOS

EAD mailed to Chicago 05/17/06

horserun.gif

Share this post


Link to post
Share on other sites
Here's some info...

1-2 Years: Reentry PermitApplication for Preservation of Residence

A Reentry Permit does not preserve residence for naturalization purposes. Form N-470 (Application to Preserve Residence for Naturalization Purposes) must be filed with USCIS prior to departure from the United States. This form is for lawful permanent residents who must leave the United States for certain employment purposes and wish to preserve their immigrant status in order to pursue naturalization. Further information may be obtained from the USCIS office having jurisdiction over your place of residence in the United States. These cases involve persons employed in specific jobs in the United States government and private sector as well as religious organizations.

Thank you! I read about the "Re-Entry" permit but not this one. It is the first time I am seeing it! I will look further into this. Might be worth it finding out whether it is possible to for my husband to keep his eligibility for citizenship. ;) It's too bad that the American embassy cannot process these requests, although it usually has a DHS division/representation :hehe: .

Has anyone applied for this? Maybe residents in Canada?


Sometimes I think I know everything, and I regain consciousness. Seen it all, done it all, forgot most of it....

So much plenitude, yet so much emptiness

everest-summit.jpg

The Journey, Part I: I-129F (K-3)

I 129F sent to Chicago 11/14/05

NOA1 12/14/05, received by snail mail 12/23/05

NOA2 01/17/06, received by snail mail 01/20/05

Received Packet "3" 02/17/06

Medicals done in Nairobi 03/22/06

VISA APPROVED in Nairobi 03/30/06

Husband arrives ni USA!

The Journey, Part II: EAD and AOS

EAD mailed to Chicago 05/17/06

horserun.gif

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Ireland
Timeline

These cases involve persons employed in specific jobs in the United States government and private sector as well as religious organizations.

My interpretation of this part, is that it's only related to people in certain employments. So I don't think it would it apply to your husband as it's not him being transferred. Plus, if I am reading correctly, he's not here yet? so won't be working for awhile?

I don't want to put a dampner on your offer, but I don't think the Reentry PermitApplication for Preservation of Residence would be applicable for him. But then again, someone else might have more concrete info.


03.04.2009......Posted I-130 to U.S. Embassy

03.04.2009......Ordered Police Certificate for Visa Purposes from Local Garda Office (ordered over the phone)

03.05.2009......I-130 received at Embassy

03.06.2009......Received Police Cert

03.18.2009......I-130 Approved

09.10.2009......Medical Exam

09.23.2009......Embassy receives Notice of Readiness

10.13.2009......Received our interview date

10.29.2009......Successful interview!

11.5.2009........Visa received in post

11.7.2009........All the family flew to the US together :)

12.20.2009......Received Welcome to America letter

12.24.2009......10 year Greencard received in the mail

Share this post


Link to post
Share on other sites
These cases involve persons employed in specific jobs in the United States government and private sector as well as religious organizations.

My interpretation of this part, is that it's only related to people in certain employments. So I don't think it would it apply to your husband as it's not him being transferred. Plus, if I am reading correctly, he's not here yet? so won't be working for awhile?

I don't want to put a dampner on your offer, but I don't think the Reentry PermitApplication for Preservation of Residence would be applicable for him. But then again, someone else might have more concrete info.

You're probably right, it doesn't seem to apply in his/our case. Probably to a limited number of people i.e. aliens in the army or in religious organizations, who are most likely to travel and work abroad. Not people like us who want to go on vacation! (just kidding)

Well, at least if my husband could keep his GR/residency (such a hassle to get :angry: ) which would be a good thing. But well, we are not even there yet.... :lol:


Sometimes I think I know everything, and I regain consciousness. Seen it all, done it all, forgot most of it....

So much plenitude, yet so much emptiness

everest-summit.jpg

The Journey, Part I: I-129F (K-3)

I 129F sent to Chicago 11/14/05

NOA1 12/14/05, received by snail mail 12/23/05

NOA2 01/17/06, received by snail mail 01/20/05

Received Packet "3" 02/17/06

Medicals done in Nairobi 03/22/06

VISA APPROVED in Nairobi 03/30/06

Husband arrives ni USA!

The Journey, Part II: EAD and AOS

EAD mailed to Chicago 05/17/06

horserun.gif

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...