Can I keep my US status if I move abroad

[dureva 0]

Hello everybody,

I am a GC holder since Jan 2013 and I am currently applying to remove the conditional status of my GC. My husband just learned that his job is moving him to Japan at the end of January. We don't know how long we will stay in Japan but most likely at least a couple years. I will receive a spouse visa to live in Japan. I will need to travel back and forth between the US and Japan for while because I need to do some extensive dental work.

Is there any way I can keep my US status while I live in Japan? Do I lose my status automatically when i get a spouse visa for another country? Should I apply for a returning resident visa or is not worthed if I get a Japan visa? If I don't automatically lose my GC, can I

Thank you!

[newacct 688]

If your spouse is working abroad for the US government, you may be able to naturalize immediately under INA 319(b). Otherwise, it will be hard for you to maintain permanent residency.

[canadian_wife 1,791]

Google 'maintaining U.S. permanent residency". You'll see there are requirements for one to maintain status in the US.

good luck

[dureva 0]

My husband works for a hedge fund so I am not eligible for the naturalization.

Do you know if the reentry permit or returning resident visa could work in my case? Also, do you know if obtaining a spouse kind of visa for another country would terminate my green card immediately? Or would my GC be good for a few more months after my departure?

[Dave&Roza 748]

My husband works for a hedge fund so I am not eligible for the naturalization.

Do you know if the reentry permit or returning resident visa could work in my case? Also, do you know if obtaining a spouse kind of visa for another country would terminate my green card immediately? Or would my GC be good for a few more months after my departure?

Your GC is valid until an immigration judge (IJ) revokes it. The CBP cannot take your GC away from you. You must maintain your LPR status or risk loosing your GC. If you are outside the US up to 6 months, the CBP will not usually question you upon return. Several short trips that exceed 6 months in a 1 year period or a single trip greater than 6 months but less than a year might get you some scrutiny upon return. Trips greater than 1 year an dup to two years requires a re-entry permit to be applied for before you leave the US. Any stay greater than two years and you have abandoned your LPR status. As long as your husband and you have intentions of returning to the US and consider this work in Japan as temporary, you can maintain your LPR status, but it will not be easy. Just remember one item for maintaining your LPR status is to continue to file US taxes. As a LPR you are required to file taxes on all world wide income.

Since you are returning to the US in 2016 for dental work, you may want to file for USC and see about getting that in 2016 and then it does not matter how long you are outside the US. Also, if you do remain outside the US for more than 6 months, you reset your clock for filing for citizenship and you are so close to being able to file based on the 3 year rule it would be a shame to lose all your time as a LPR. So I would make certain you do not leave the US in 2016 for any period greater than 5 months and apply for USC as soon as you can--90 days before the resident since date on your GC.

Dave

[Russ&Caro 1,548]

So your removal of conditions is not complete, yet?

I wonder if you can proceed on to naturalization anyway based on being married and having a green card for 3 years. If the dates you quoted are correct, you got your initial green card exactly 3 years ago in January 2013.

[Dave&Roza 748]

So your removal of conditions is not complete, yet?

I wonder if you can proceed on to naturalization anyway based on being married and having a green card for 3 years. If the dates you quoted are correct, you got your initial green card exactly 3 years ago in January 2013.

Yes, the OP can file the N-400 which will force the USCIS to approve the ROC and then process the naturalization. Why should anybody be held up because the USCIS is so slow in processing an application? The OP can file for naturalization and begin that process while travelling back and forth for the dental work and become a USC and then the time outside the US does not matter--just need to know when the bio appointment is scheduled and when the interview is scheduled and then the oath ceremony. The only real issue will be the time required to get a US passport. That is the easiest course of action assuming the OP wants to become a USC.

Dave

[Darnell 8,478]

whoa - please fill out yer timeline, over at

http://www.visajourney.com/timeline/profile.php?id=163965

http://www.visajourney.com/timeline/profile.php?id=163965

http://www.visajourney.com/timeline/profile.php?id=163965

Thanks so much, and Thanks in Advance !

[Russ&Caro 1,548]

Yes, the OP can file the N-400 which will force the USCIS to approve the ROC and then process the naturalization. Why should anybody be held up because the USCIS is so slow in processing an application? The OP can file for naturalization and begin that process while travelling back and forth for the dental work and become a USC and then the time outside the US does not matter--just need to know when the bio appointment is scheduled and when the interview is scheduled and then the oath ceremony. The only real issue will be the time required to get a US passport. That is the easiest course of action assuming the OP wants to become a USC.

Dave

I guess it's a good thing OP's spouse is a hedge fund broker/manager. Three trans-Pacific flights isn't exactly chump change for most people.

[Dave&Roza 748]

I guess it's a good thing OP's spouse is a hedge fund broker/manager. Three trans-Pacific flights isn't exactly chump change for most people.

That and dental work is not cheap either.

Dave

[dureva 0]

Hi Everybody,

Thank you for your input.

We got married on 8/2/13 and we filed immediately. I received my green card on 12/5/13. Do you think I can start the naturalization process now?

Thanks,

[dureva 0]

According to the calculator I can file on 9/6/16. Can I file on that date even if I leave for Japan in January? It would be only 7 month in which I will be traveling back and forth between Japan and US.

[dureva 0]

And would getting the Japan spouse visa affect my status?

[Dave&Roza 748]

And would getting the Japan spouse visa affect my status?

If travelling back and forth between Japan and the US, why apply for the spousal visa for Japan and complicate the issues? By getting the spousal visa for Japan, you will be stating that you are planning to live in Japan and make Japan your residence which is contrary to being a LPR--or at the very least make it harder to prove that your intentions are to return to the US. Just leave Japan and re-enter the US to get your dental work done and when the 90 day window opens for being able to apply for citizenship (around June based on your timeline) do so and become a USC and then file for the spousal visa for Japan.

DAve

[NikLR 13,220]

Leaving the USA for over 6 months will effect the naturalization.

Edited January 10, 2016 by NLR