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Hello Everyone,

My wife is a green card holder by marriage to me for a little over 2 years now. The green card expires in 10 years. She used to be a flight attendant with an international airline in the Middle East. She just recently applied to rejoin the airline and was accepted. She will now be based out of the United States but will keep her residence with me in the US. This airline does fly to the United States but since she is starting over again...it will probably take more than a year to get assigned to a US flight. We need your opinion on the following....

1. We were advised to complete an I-131 re-entry permit to be able to leave the country for 2 years.
Q: Does this include employment outside of US?
Q: What happens if she flies to the US after spending a year overseas during one of her flight as a stewardess, does
the re-entry permit becomes invalid? or does she even have to show the re-entry permit?
Q: Can we also submit Form N-470 together with the I-131?
Q: What happens after 2 years? Does she need to reapply for an extension?

2. What happens if she don't apply for a re-entry permit?
3. Any other options??

We appreciate any comments and suggestions regarding our situation.

Thanks,
Vicks55

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If she is still living in the US and going off for 5 days whatever and then returning home not a problem.

You make it sounds like she is relocating to another country.


“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.”

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There are obviously tax issues seeking to maintain US residency. You can look up the official herbage that is send to you with your GC.

She can get a re entry permit, but this is contradictory d by moving abroad and getting a job.

Nobody can say what will happen, worst can you re petition.


“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.”

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Hello Everyone,

My wife is a green card holder by marriage to me for a little over 2 years now. The green card expires in 10 years. She used to be a flight attendant with an international airline in the Middle East. She just recently applied to rejoin the airline and was accepted. She will now be based out of the United States but will keep her residence with me in the US. This airline does fly to the United States but since she is starting over again...it will probably take more than a year to get assigned to a US flight. We need your opinion on the following....

1. We were advised to complete an I-131 re-entry permit to be able to leave the country for 2 years.

Q: Does this include employment outside of US?

I have I-131 re-entry permit and it is for employment outside USA.

But the employment must be temporary in nature otherwise she might be in trouble.

Q: What happens if she flies to the US after spending a year overseas during one of her flight as a stewardess, does

the re-entry permit becomes invalid? or does she even have to show the re-entry permit?

The permit will be valid for two years so when she comes back it will be still valid and must show it at the airport to explain the 1 year absence.

Q: Can we also submit Form N-470 together with the I-131?

My understanding is that N-470 is for reserving residency for naturalization purposes and also its for US employer outside USA. If the airline in the middle east is not owned 50% by USA then this form is not for you (double check this)

Q: What happens after 2 years? Does she need to reapply for an extension?

She can apply for another permit but dont know if she can get it easily.

2. What happens if she don't apply for a re-entry permit?

3. Any other options??

I recommend staying in USA one more year and apply for citizenship then she is free to go and work anywhere.

If she must travel, make sure you have permanent address in USA or even buy a house and keep your bank account opened in USA.

If you are not traveling with her that might be good as she would have family ties to USA.

We appreciate any comments and suggestions regarding our situation.

Thanks,

Vicks55

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Thanks, is63!

Very informative. This will help us a lot in our decision on moving forward.

You are right...filing N-470 will not work for us. One last question...how did you apply for the reentry that is specifically for overseas work?

I think there was only 3 reasons that you can qualify...student, family obligation or care of a sick family member.

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Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

Move to another country, intending to live there permanently.
Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
The reason for your trip;
How long you intended to be absent from the United States;
Any other circumstances of your absence; and
Any events that may have prolonged your absence.
Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
Fail to file income tax returns while living outside of the United States for any period.
Declare yourself a “nonimmigrant” on your U.S. tax returns.


“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.”

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Thanks, is63!

Very informative. This will help us a lot in our decision on moving forward.

You are right...filing N-470 will not work for us. One last question...how did you apply for the reentry that is specifically for overseas work?

I think there was only 3 reasons that you can qualify...student, family obligation or care of a sick family member.

Where did you read that only 3 reasons for reentry permit ?

They just ask you for the reason of getting a re-entry permit.

In my case I was honest and mentioned a temporary employment overseas as the reason.

It worked and they gave me less than two years due to conditional residency.

I went back to USA twice in the last two years and entered with no problems.

Now I made some extra steps to show my intention to come back to USA if I get asked at the port.

As I mentioned before I bought a house recently, filed taxes every year as RESIDENT and kept my bank account open.

Tax issue itself is another subject which you need to study very well.

If you really need to take that job apply and be honest in you reason and let them decide to give you or not.

Good luck

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Where did you read that only 3 reasons for reentry permit ?

They just ask you for the reason of getting a re-entry permit.

In my case I was honest and mentioned a temporary employment overseas as the reason.

It worked and they gave me less than two years due to conditional residency.

I went back to USA twice in the last two years and entered with no problems.

Now I made some extra steps to show my intention to come back to USA if I get asked at the port.

As I mentioned before I bought a house recently, filed taxes every year as RESIDENT and kept my bank account open.

Tax issue itself is another subject which you need to study very well.

If you really need to take that job apply and be honest in you reason and let them decide to give you or not.

Good luck

What do you do about Obamacare?


“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.”

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Easy, either you get insurance overseas which is probably part of employment benefits or you fall under this rule:

If you are a US citizen or resident alien abroad and you meet the bona fide resident test or the physical presence test, you are considered to have essential minimum coverage under the Act and will not be required get affordable health care insurance or pay the penalty under the PPACA for the month or months that you qualify for either of these tests (1).

What do you do about Obamacare?

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Overseas insurance is not likely to be Obama compliant, in this case certainly not.

Both those tests would enable him to prove that she will not be US resident, what he wants is to maintain her US residency.


“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.”

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It is compliant if you live outside USA which is probably her case.

Keeping US residency is another issue; living overseas for even up to two years does not necessarily means abandoning US residency.

With the right documents you can show intention of going back to USA like I mentioned above.

It is risky but possible and worked for me already.

Overseas insurance is not likely to be Obama compliant, in this case certainly not.

Both those tests would enable him to prove that she will not be US resident, what he wants is to maintain her US residency.

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I appreciate you can pay the fine, and I am not sure if it has happened yet, but if I was looking at whether someone had maintained there residency then Healthcare would be high on my list.


“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.”

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Thanks Boiler & is63...Everything is starting to make sense now.

You are right, is63..there is no exact reasons for a reentry permit applications. The items that I mentioned above are bona fide reasons for a re-entry application. I think we are all set. We just need to be truthful and not hide anything on any applications. I spoke with our tax person and he said that she will still be included in my tax return. He will need to see her pay stub in order to determine what IRS form to submit (check for tax treaty). I will still be covering her as my dependent in my health insurance so Obamacare will not be an issue. She will definitely hold residence in the US with me along with active bank accounts and credit cards.

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