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dureva

Can I keep my US status if I move abroad

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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!

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

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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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?

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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

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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.


Marriage: 2014-02-23
CR1 started : 2014-06-06
CR1 completed/POE : 2015-07-13
ROC started : 2017-04-14 - CSC

ROC interview/completed: 2018-08-16 - Albuquerque

N400 started: 2018-04-24

N400 interview: 2018-08-16 - Albuquerque

Oath ceremony: 2018-09-24 - Santa Fe

 

April 2017 I-751 Filers Spreadsheet

https://docs.google.com/spreadsheets/d/1t335PrkwxPk7sRryv02NH3vrWHy0vlkBxjmPy5VYJO8/edit#gid=0

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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

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Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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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.


Marriage: 2014-02-23
CR1 started : 2014-06-06
CR1 completed/POE : 2015-07-13
ROC started : 2017-04-14 - CSC

ROC interview/completed: 2018-08-16 - Albuquerque

N400 started: 2018-04-24

N400 interview: 2018-08-16 - Albuquerque

Oath ceremony: 2018-09-24 - Santa Fe

 

April 2017 I-751 Filers Spreadsheet

https://docs.google.com/spreadsheets/d/1t335PrkwxPk7sRryv02NH3vrWHy0vlkBxjmPy5VYJO8/edit#gid=0

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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

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Here is the early filing calculator that USCIS provides to determine your eligibility


 

 



07/09/2008: F-1 Interview - Successful
05/01/2013: (L) Married (L)

AOS from F-1:
07/09/2013: AOS package (I-130/I-485/I-756/I-131) fedexed
09/25/2013: AOS Interview with my husband at Milwaukee, WI
03/03/2014: AOS Approved

I-751 Removal of Conditions:

11/13/2015: Received reminder notice dated 11/08 from USCIS to apply for ROC
Day 00 - 12/04/2015: Mailed I-751 package to CSC via USPS Priority Mail
Day 03 - 12/07/2015: I-751 package delivered
Day 05 - 12/09/2015: Check cashed
Day 07 - 12/11/2015: NOA1 received dated 12/07/15
Day 22 - 12/26/2015: Biometric appointment notice received dated 12/19/15
Day 35 - 01/08/2016: Biometric appointment

Day 235 - 07/26/2016: Approved (E-notification of Card Production)

Day 238 - 07/29/2016: Status changed to 'Card Was Mailed to Me'

Day 241 - 08/01/2016: CSC returned original docs that were submitted at the time of application.

Day 241 - 08/01/2016: New status update 'Card was picked up by the United States Postal Service' Priority Mail 2-Day with tracking number provided.

Day 243 - 08/03/2016: Received 10 year Green Card

Day 255 - 08/15/2016: Received NOA2 with approval dated 07/26/2016

Click here for a sample of my cover letter, list of evidence, package assembly & shipping box

Click here for a sample of my I-751 notarized affidavit from a friend

 

 

N-400 Naturalization:

12/03/2016: Eligible

Day 00: 12/12/2016 Mailed N-400 to Phoenix, AZ lockbox via USPS Priority Express

Day 01: 12/13/2016 N-400 application delivered

Day 03: 12/15/2016 Credit card charged

Day 07: 12/19/2016 Text & e-mail notification received with a NBC receipt #

Day 11: 12/23/2016 NOA received via mail with priority date 12/13/16

Day 16: 12/28/2016 Received E-mail notification reg. biometrics scheduling

Day 19: 12/31/2016 Received Biometric notice via mail with notice date 12/24/2016

Day 32: 01/13/2017 Biometric appointment

Day 53: 02/03/2017 Received e-mail notification stating I am "in line" for interview scheduling

Day 144: 05/05/2017 Filed an e-request that interview notice was not yet mailed to me

Day 148: 05/09/2017 Received e-mail notification that interview has been scheduled after being in line for 95 days

Day 151: 05/12/2017 Received N-400 Interview notice via USPS

Day 183: 06/13/2017 N-400 Interview at USCIS Milwaukee, WI field office (Approved!) ***To read about my interview experience, click here***

Day 192: 06/22/2017 Received e-mail notification stating I am placed in line for oath ceremony

Day 206: 07/06/2017 Received e-mail notification stating oath ceremony notice was mailed

Day 210: 07/10/2017 Received oath ceremony notice (N-445) via USPS

Day 227: 07/27/2017 Oath Ceremony at Milwaukee, WI!

Dual citizen (France & U.S.A) / OCI card holder

 

Day 00: 07/27/2017 U.S. passport application at Milwaukee, WI (routine processing)

Day 05: 08/01/2017 Passport application locator number provided

Day 06: 08/02/2017 Checks cashed

Day 12: 08/08/2017 Received 2 e-mails stating that passport processing is over and it has been mailed with tracking # provided

Day 15: 08/11/2017 Received passport book via Priority Mail

Day 18: 08/14/2017 Received passport card via First Class Mail

Day 22: 08/18/2017 Received naturalization certificate back via Priority Mail / Updated citizenship status with SSA
 

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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

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