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Chalupa718

Permanent US resident thinking of going back

By Chalupa718 in General Immigration-Related Discussion

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Chalupa718 Contributor

Chalupa718   0

Posted
Filed: IR-1/CR-1 Visa Country: India
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Posted

Good morning,

Sorry If I am posting on the wrong column. Situation is hubby got his conditions removed last year 2012 off his CR1 and now he has his 10 year permanent residency. Now, we are thinking of moving to India, and I was assuming that if we do, he will lose his residency right? Or can he wait until he becomes a US citizen and then go? Which one is better.

Thanks for all your help!

"My beautiful husband is already with me... Thank you God"

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"Missing someone is part of loving them. If you're never apart; you'll never know how strong your love is"[/b]

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NigeriaorBust Grand Master

NigeriaorBust   4,087

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Filed: Citizen (apr) Country: Nigeria
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Posted

Depends on what your goals are. DOes your husband want to file US taxes for life ? Does he want to return ? For some being a USC would be inportant to others not.

This will not be over quickly. You will not enjoy this.

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Chalupa718 Contributor

Chalupa718   0

Posted
Filed: IR-1/CR-1 Visa Country: India
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Posted

Well, it's just that we feel that being in US is not really working for both of us. Hubby doesn't mind about filing taxes for life. We just want to know what will happen to his 10 year permanent residency ...

"My beautiful husband is already with me... Thank you God"

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"Missing someone is part of loving them. If you're never apart; you'll never know how strong your love is"[/b]

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christeen Experienced

christeen   966

Posted
Filed: Citizen (apr) Country: Italy
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Posted

If he is out of the USA for over a year, he would be considered to abandon his residence and thus, lose his green card. In order to visit the USA, he would then have to get a tourist visa or if you wanted to move back, obtain another IR1 visa. If he waited till his 3 year with this GC, he can get citizenship and that he cannot lose regardless of how lo g out of country... I would 100% vote to get citizenship first... Especially given he is not from a visa waiver country so a b2 visa for tourism might be a pain to get having an American spouse...

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

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TBoneTX Grand Master

TBoneTX   43,019

Posted
Filed: Citizen (apr) Country: Ecuador
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*** Thread moved from Off Topic forum to General Immigration Discussion -- not truly off-topic. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Cathi Veteran

Cathi   5,609

Posted
Filed: Citizen (apr) Country: Jordan
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Posted (edited)

If he plans to live outside the US for more than a year he will need to become a citizen or he will abandoning his permanent residence status

Edited by mimolicious


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Glyn and Kathy Rising Star

Glyn and Kathy   288

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: England
 Timeline
Posted

As someone who has been through this...if you can stay and get citizenship, then do it. You NEVER know what life will bring and if you will ever need or want to come back. If he has citizenship, he can just come back, if not, you have to do the WHOLE process over again and you never know if the rules will be more strict, income requirements higher, etc, etc.

10/26/03 Met in Yahoo chat room
06-2004 Glyn flies to Boston for 2 week holiday with me in White Mountains
06/07/2006- HE PROPOSES!!
12/13/2006- Glyn and Simon the best man fly in for wedding.
December 16,2006- Happiest day of my life
12/25/2006- Best and worst Christmas ever. Glyn flies back to England at 6 pm Christmas Night.
02/19/2007- UK spousal visa approved in NY after only 4 days.
March 2,2007- Reunited in England with Glyn.
01/21/2008-mailed I-130 to USCIS in London
01/24/2008-NOA1
04/13/2008-Panic. RFE received
April 17, 2008-Mailed off again.
April 22, 2008-NOA2 received dated April 21, 2008.
April 26, 2008-Packet 3 received
April 28, 2008-Mailed off DS-230
May06,2008-Packet 3 sent
May 08, 2008-Medical scheduled
May 22,2008-Packet 4 received
June 03,2008-Interview APPROVED!!!!!

June 04, 2008-Visa in hand
June 20, 2008-Shippers come for our things.
June 25, 2008-Flying to the USA
November 15, 2010-Sent off VERY late I-751 along with many prayers.
04/09/2011-10 year GC arrives in mail.
09/08/2011-Glyn leaves for UK
01/30/2012-Biometrics for UK spousal & dependent visas sent out w/ application same day
02/24/2012-UK settlement visas issued
04/16/2013-I-130 sent off-----04/19/2013 NOA1

05/15/2013-NOA2

Never received packet 3 although it was mailed to us on May 29th

07/17/2013-Sent off packet 3 after finally getting ALL our documents together

08/19/2013-Medical scheduled (there were earlier appointments but unfortunately, we couldn't get there for them due to hubby's work)

09/24/2013-Interview APPROVED

11/01/2013-POE BOSTON

01/13/2014-10 Year green card received

03/09/2019- Sent I-130 to Chicago lock box for step-son

03/20/2019- NOA 1

08/10/2019-NOA 2

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NickD Grand Master

NickD   202

Posted
Filed: Citizen (apr) Country: Colombia
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Posted

Tax burden is a heck of a lot lighter than living here, unless you are earning a fortune in India, wouldn't be much of a tax burden if any at all.

would also suggest waiting the extra year if he just received his ten year card and getting US citizen. What if the spouse wants to come back? A question of staying together.

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JohnR! Grand Master

JohnR!   5,495

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Filed: Country: Monaco
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Posted

Good morning,

Sorry If I am posting on the wrong column. Situation is hubby got his conditions removed last year 2012 off his CR1 and now he has his 10 year permanent residency. Now, we are thinking of moving to India, and I was assuming that if we do, he will lose his residency right? Or can he wait until he becomes a US citizen and then go? Which one is better.

Thanks for all your help!

It all depends on your situation. In principle it makes no difference. If he leaves and loses his resident status, you can reapply for his residence all over again. He can always come back and visit with a tourist visa, in the meantime. If he leaves as a USC he will be bound to comply with the tax code.

Good luck!

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Kajikit Proficient

Kajikit   65

Posted
Filed: Citizen (apr) Country: Australia
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Posted (edited)

If it was me, I'd wait another few years and get citizenship out of the way... that way you'll have all your options open. Leave now and if you change your mind you'll have to start from scratch and spend all that money (and TIME!) waiting all over again. A green card is only valid until you surrender it by leaving the US for more than 12 months - citizenship is forever.

Edited by Kajikit

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

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Chalupa718 Contributor

Chalupa718   0

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
  • Author
Posted

Thank you so much for all your replies!!

Happy Holidays!! dancin5hr.gif

"My beautiful husband is already with me... Thank you God"

smiley-happy093.gif

28b5c84dc7.png

"Missing someone is part of loving them. If you're never apart; you'll never know how strong your love is"[/b]

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Chalupa718 Contributor

Chalupa718   0

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
  • Author
Posted

Hubby got his 10 year permanent visa last year on Dec 2012. So I am assuming he can apply for citizenship in 2014? Is that correct? Sorry for asking again


As someone who has been through this...if you can stay and get citizenship, then do it. You NEVER know what life will bring and if you will ever need or want to come back. If he has citizenship, he can just come back, if not, you have to do the WHOLE process over again and you never know if the rules will be more strict, income requirements higher, etc, etc.

Hubby got his 10 year permanent visa last year on Dec 2012. So I am assuming he can apply for citizenship in 2014? Is that correct? Sorry for asking again


Tax burden is a heck of a lot lighter than living here, unless you are earning a fortune in India, wouldn't be much of a tax burden if any at all.

would also suggest waiting the extra year if he just received his ten year card and getting US citizen. What if the spouse wants to come back? A question of staying together.

Hubby got his 10 year permanent visa last year on Dec 2012. So I am assuming he can apply for citizenship in 2014? Is that correct? Sorry for asking again


If he is out of the USA for over a year, he would be considered to abandon his residence and thus, lose his green card. In order to visit the USA, he would then have to get a tourist visa or if you wanted to move back, obtain another IR1 visa. If he waited till his 3 year with this GC, he can get citizenship and that he cannot lose regardless of how lo g out of country... I would 100% vote to get citizenship first... Especially given he is not from a visa waiver country so a b2 visa for tourism might be a pain to get having an American spouse...

Hubby got his 10 year permanent visa last year on Dec 2012. So I am assuming he can apply for citizenship in 2014? Is that correct? Sorry for asking again

"My beautiful husband is already with me... Thank you God"

smiley-happy093.gif

28b5c84dc7.png

"Missing someone is part of loving them. If you're never apart; you'll never know how strong your love is"[/b]

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aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
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Posted

hi

since when did he get his conditional GC? he is a LPR since that day so 90 days prior to that day he can file for citizenship. since he has to be married to the USC petitioner at least 3 years and have his GC for 3 years, 90 days prior to the 3 years he can file for citizenship

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christeen Experienced

christeen   966

Posted
Filed: Citizen (apr) Country: Italy
 Timeline
Posted

Counting starts on the day he got his 1st green card (conditional or 10 year) less 90 days from the 3 year mark...

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

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Chalupa718 Contributor

Chalupa718   0

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
  • Author
Posted

hi

since when did he get his conditional GC? he is a LPR since that day so 90 days prior to that day he can file for citizenship. since he has to be married to the USC petitioner at least 3 years and have his GC for 3 years, 90 days prior to the 3 years he can file for citizenship

Hi , Hubby got his Green card last year December 2012) that is the time when he got all conditions from removed. Thanks

I was told i would have to wait 3 years from that year 2012? Meaning he can get citizenship in 2015? Not sure :(

"My beautiful husband is already with me... Thank you God"

smiley-happy093.gif

28b5c84dc7.png

"Missing someone is part of loving them. If you're never apart; you'll never know how strong your love is"[/b]

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