I-751 AND I-131? Can my wife work overseas during all this?

[KyleBosworth 0]

Need some help here!! I'm a US citizen and my wife is a conditional green card holder. In December 2016 we will begin our 90 day window to file the I-751 to remove the conditional status. Times are tight and by April 2016 we need her to work at her overseas job back in Japan as soon as she is safe to do so without risking her resident status. Her company will very likely want her to work there for over a year. It could be anywhere from 6 months to 18 months of work in Japan. I've read that once you apply for the I-751 they give you the receipt NOA fairly quickly that gives you a 1 year extension on conditional residency during the processing period. However, it is likely she may need to work for longer than a year overseas. Hence my thoughts on getting the I-131 which seems to grant up to 2 years of being out of the country without risking losing her green card (assuming reasonable ties are maintained to the US).

However, the wording on the I-131 instructions says: "A Reentry Permit issued to a conditional resident shall be valid for 2 years from the date of issuance, or to the date the conditional resident must apply for removal of the conditions on his or her status, whichever date comes first."

So, all of this being said, here are my questions:

1) I'm guessing that the I-131 would need to be applied for simultaneously with the I-751? I'm guessing this because the above quoted wording from the I-131 Instructions.

2) Is the I-131 even necessary or appropriate in this case? If yes, would this allow her to work up to 2 years overseas without screwing up her resident status? This assumes she will be visiting me every 5 months or so.

Here is our proposed timeline. Can anyone please let me know how to best manuever through this situation and if this timeline makes sense?

1) December 2016 -- 90 days begins for the I-751. Do this paperwork alongside the I-131.

2) April 2016 -- She would like to leave for Japan to start working in April. I realize she may need to come back for biometrics and the potential interview. But that is manageable.

3) April 2016 - (up to) September 2017 -- She would like to be working overseas in Japan.

4) September 2017 -- Move back to US

[Boiler 43,401]

She will be working in Japan for a US company?

[KyleBosworth 0]

Ah, thanks, I forgot to mention that she'll be working for a Japanese company. Shes actually currently still employed by them, just on a leave of abesence and not putting in any hours or getting paid.

[Boiler 43,401]

So she will be living in Japan, working in Japan and visiting you in the US.

So the question is can she get away with it - possibly.

Worst comes to worst you start again.

[KyleBosworth 0]

Yes, of course I have nightmares about having to start that paperwork over again so we'd rather have her come back sooner if that was an increasing risk.

Main question though is if the I-131 is an appropriate or often used form in this kind of situation? If so, will it be better than just having the I-751 receipt NOA (1 year extension)?

[Boiler 43,401]

If you want to get into the technicalities then you need a lawyer familiar with abandonment issues, most are not, a lawyer on another forum said to ask if they had actually tried any cases.

You can look up maintaining permanent residency, but obviously moving to another country for work with the odd visit back is not going to fit any description.

The I 131 helps in situations where you are but for whatever reason have to be abroad for some time. If she will be visiting you every 5 months anyway seems pointless.

As an aside most of what I have read on the subject on this site has been both simplistic and wrong.

So the real question is how far you can push it, I had a friend who was gone for 5 months and got a real grilling coming back, but also have seen reports from people who have visited twice a year for years without issue.

With Obamacare now a requirement for residents I wonder how that kicks in.

[is63 7]

I did not really get your timeline, but I can tell you that if you apply for I-131 any time between now and just before applying for I-751 then the permit will be valid just till your wife's green card expiry date.

If you apply for I-131 after you receive I-751 extension letter then the permit will be valid up to expiry date of GC plus 1 year.

Need some help here!! I'm a US citizen and my wife is a conditional green card holder. In December 2016 we will begin our 90 day window to file the I-751 to remove the conditional status. Times are tight and by April 2016 we need her to work at her overseas job back in Japan as soon as she is safe to do so without risking her resident status. Her company will very likely want her to work there for over a year. It could be anywhere from 6 months to 18 months of work in Japan. I've read that once you apply for the I-751 they give you the receipt NOA fairly quickly that gives you a 1 year extension on conditional residency during the processing period. However, it is likely she may need to work for longer than a year overseas. Hence my thoughts on getting the I-131 which seems to grant up to 2 years of being out of the country without risking losing her green card (assuming reasonable ties are maintained to the US).

However, the wording on the I-131 instructions says: "A Reentry Permit issued to a conditional resident shall be valid for 2 years from the date of issuance, or to the date the conditional resident must apply for removal of the conditions on his or her status, whichever date comes first."

So, all of this being said, here are my questions:

1) I'm guessing that the I-131 would need to be applied for simultaneously with the I-751? I'm guessing this because the above quoted wording from the I-131 Instructions.

2) Is the I-131 even necessary or appropriate in this case? If yes, would this allow her to work up to 2 years overseas without screwing up her resident status? This assumes she will be visiting me every 5 months or so.

Here is our proposed timeline. Can anyone please let me know how to best manuever through this situation and if this timeline makes sense?

1) December 2016 -- 90 days begins for the I-751. Do this paperwork alongside the I-131.

2) April 2016 -- She would like to leave for Japan to start working in April. I realize she may need to come back for biometrics and the potential interview. But that is manageable.

3) April 2016 - (up to) September 2017 -- She would like to be working overseas in Japan.

4) September 2017 -- Move back to US

[is63 7]

I believe you raised this issue in a post before and I replied that you can avoid the obamacare requirement if you have insurance overseas.

My I-751 got approved last week where I applied from overseas and avoided the obamacare with this strategy (http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion). I had no issues of loosing residency status.

With Obamacare now a requirement for residents I wonder how that kicks in.

[is63 7]

So, all of this being said, here are my questions:

1) I'm guessing that the I-131 would need to be applied for simultaneously with the I-751? I'm guessing this because the above quoted wording from the I-131 Instructions.

You do not need to apply both simultaneously. It is just telling you how the permit will be valid. Read my post above.

2) Is the I-131 even necessary or appropriate in this case? If yes, would this allow her to work up to 2 years overseas without screwing up her resident status? This assumes she will be visiting me every 5 months or so.

I guess it is not necessary if you make a trip every 5 months. You would never get 2 years of validity.

[Boiler 43,401]

If you have health insurance overseas, which may meet the Obamacare opt out, but does not help substantiating your US residence.