Jump to content
ApDev

Maintaining Green card while living abroad

By ApDev in General Immigration-Related Discussion

 Share

5 posts in this topic

Recommended Posts

ApDev Rookie

ApDev   0

Posted
Timeline
Posted

Hello,

 

My wife (Green Card holder), myself (USC) and my son (Dual USC and German Citizen) will be relocating to Germany. My wife's green card has been extended past the initial 2 year period. I was wondering how I could potentially maintain her green card status?

 

We dont know exactly when/if we will come back, but would like the option of doing so without having to go through the green card process again. We would plan on reentering the US at least once a year, if not twice. Would those entries, along with her holding bank accounts, retirement accounts, and filing income taxes be enough to be able to maintain her green card?

 

Thanks!

Link to comment
Share on other sites
SteveInBostonI130 Experienced

SteveInBostonI130   3,319

Posted
Filed: IR-1/CR-1 Visa Country: Ukraine
 Timeline
Posted

In order to maintain legal permanent resident status, the LPR needs to primarily reside in the US.  Typically this means living in the US for at least 6 months per year. 

 

If your move to Germany is temporary then your wife can apply for a reentry permit which will allow her to be outside the US for up to 2 years.  

 

If your move to Germany is longer than that, then wait until your wife gets her US citizenship.  If that is not possible, then she can relinquish her LPR status and you can petition for an IR1 visa for her.  You can file for it now (I-130), get it approved, and let it sit at NVC until a few months before your move back to the US.  You can contact NVC once a year requesting to keep your petition active and it can be "held" at NVC indefinitely.

Link to comment
Share on other sites
ApDev Rookie

ApDev   0

Posted
Timeline
  • Author
Posted (edited)
Would it be possible to apply for the I-131 re-entry permit, and also start the process of Naturalization at the same time?
She has had her green card and lived in the US since Nov 2018, so over 3 years. I have read that LPR can apply for naturalization after 3 years. We are planning on moving to Germany in July, but could start the process now. We can also fly back to the US when it comes time for her biometric appt and interview.
Edited by ApDev
Link to comment
Share on other sites
DaveAndAnastasia Experienced

DaveAndAnastasia   2,079

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
9 hours ago, ApDev said:
Would it be possible to apply for the I-131 re-entry permit, and also start the process of Naturalization at the same time?
She has had her green card and lived in the US since Nov 2018, so over 3 years. I have read that LPR can apply for naturalization after 3 years. We are planning on moving to Germany in July, but could start the process now. We can also fly back to the US when it comes time for her biometric appt and interview.

If she's had a green card for over 3 years AND has been married to a US citizen for over 3 years (technically living in marital union with you), she is eligible to apply for naturalization (aka if she didn't get her green card via her relationship with you, then she's not eligible to apply for naturalization under the 3-year rule).

 

Not sure how the other parts work. 

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

Link to comment
Share on other sites
Redro Experienced

Redro   4,600

Posted
Filed: IR-1/CR-1 Visa Country: South Africa
 Timeline
Posted (edited)
On 5/24/2022 at 9:59 PM, ApDev said:
Would it be possible to apply for the I-131 re-entry permit, and also start the process of Naturalization at the same time?
She has had her green card and lived in the US since Nov 2018, so over 3 years. I have read that LPR can apply for naturalization after 3 years. We are planning on moving to Germany in July, but could start the process now. We can also fly back to the US when it comes time for her biometric appt and interview.

I believe your wife needs to remain in the US until she has completed biometrics. Or she receives a letter saying "biometrics are re-used. 

Not sure if it is possible to apply for naturalization then leave the country. 

I believe you can renew the re-entry permit once (and you can renew from overseas). If you think you'll stay outside the US for more than 4 years try to delay the move to Germany and have your wife naturalize. OR move back to Germany and file a new I-130 a year or so before you decide to move back to the US. You might be able to DCF as Frankfurt seems to approve a lot of DCF applications. 

 

Are you maintaining a home in the US when you relocate to Germany. They might have an issue with naturalizing her is she has no fixed address in the US. 

I would maybe ask in the US Citizenship General Discussion if you are allowed to naturalize when living overseas of your own volition. 

Edited by ROK2USA
Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...