Unconditional Permanent Resident - Live Oversease Prior to Naturalization?

[timtamsam 0]

Hello,

I just wanted to pick everyone's brains about a possibility that my wife and I have before us. I am an American, she is an Australian. She came to the US on a K1 Fiancee Visa, we got married, filed the paperwork, she became a permanent resident, last year we successfully filed the paperwork to remove the conditions - so, as we sit here today, she is an unconditional permanent resident.

Since it was a marriage based residency, she can apply for naturalization and this is what we were planning on doing. However, as all things in the immigration process, our story has taken an interesting turn.

Recently, the company that I work for has offered me a position in Australia - the offer is quite good, and makes tremendous sense career wise. My wife is also excited, as she wouldn't mind being "home" for awhile after being away for 5 years. In an ideal world, we would have waited to explore such opportunities until after she became a US citizen, but as I said, this is a fantastic opportunity for the both of us.

If I take this offer, we would have to relocated within 3 months, so not enough time to try to get the naturalization is. What options do we have?

I know she can be outside of the US for up to a year with no special permission, and I also know about the 2 year permission/visa she can apply for. I'm just not sure what route to pursue, as the job over there isn't conditional (for a certain period of time) and we could be there longer than 2 years. My main fear is losing all of the hard work we have put in the last 5 years, because there is every possibility that we will return to the US at some point.

Anyone have any ideas?

PS - Isn't it somewhat cruel that at this point, this opportunity unfolds before us, and not only do we have to work on my wife's residency issues, I have to start all over again - this time for myself!!!

[lucyrich 19]

Yes, you do have some tough thinking to do as you make a decision.

If you can stay in the US long enough for her to become a citizen, then she can leave the US for as long as she likes, and return to the US whenever she wants. That would obviously solve the dilemma, but it sounds like that's not possible with this particular opportunity.

Once she leaves the US for 6 months, she will be presumed to have broken her "continuous residence" time for the purposes of naturalization unless she can prove otherwise. Once she stays out of the US for a year, it's almost certain she will have interrupted her "continuous residence" time. Both these statements are true even if she's allowed to return to the US as a LPR with a returning resident visa or a reentry permit. So she might be looking at roughly a three year wait after returning to the US before she's eligible for naturalization.

In the worst case, you could choose to abandon her current permanent residency, and do DCF for an immigrant visa when it's time to return. Yes, that would mean basically going through the process again, but if you can time it properly, you should be able to stay together during the entire process this time. An immigrant visa issued via DCF doesn't involve adjustment of status; she'd have a Green Card as soon as she enters the US. Since your marriage is old enough now, there won't be the whole conditional thing to go through.

[timtamsam 0]

Thanks - I thought it was going to be something along those lines.

I guess at this point I'm less concerned about breaking the naturalization/continuous residence part than I am just making it difficult for my wife to get back in and stay should we decide to do that at some point.

I agree that the best way would be for naturalization before going, but it's not possible, unless I file the paperwork now, and we come back in a few months when its time, but that sounds dodgy.

I thought I had read something one time about the immigrant receiving credit for being in the US if work takes the US Citizen overseas. Essentially this is what is happening, as we would not have considered leaving until after she became a citizen. Have you ever seen anything along those lines, or was I just imagining it?

[warlord 72]

Yes 6 months is the limit before you seriously can start breaking the time line and having issues down the road of green card issues (not as common, but possible) of even violating those. If you are gone up to a year, you would then have to prove you're immigration intent, that you did maintain US residence etc (that means she would have to show she is still living in the US and maintaing that) which in your case would not be the case.

There is something related to special cases, however, I think those are for the applicant who is accepting the job, you (which you are the USC). Not sure if that would even work for your wife. So definatly you have a lot of research to look at and even some laywer consultations to look into in this situation...

[Monchan 0]

Hi!...I am kind of in the same situation.

I've got a job offer oversea, but I now hold a conditional GC for 10 mths only.

My husband is a USC and he will remain in the States.

We are thinking of me taking the job and move oversea BUT come back once every quarter for a few weeks, then leave again?

This way the periods that I will be out of the states will be 3-3.5 months at a time?

Any comment?

Thanks,

M.

[warlord 72]

Hi!...I am kind of in the same situation.

I've got a job offer oversea, but I now hold a conditional GC for 10 mths only.

My husband is a USC and he will remain in the States.

We are thinking of me taking the job and move oversea BUT come back once every quarter for a few weeks, then leave again?

This way the periods that I will be out of the states will be 3-3.5 months at a time?

Any comment?

Thanks,

M.

You can't reset the clock by just visiting. You need to visit the other country and live in the US is how it works. Another problem is that if your GC is marriage based, you living and working overseas and your husband living and working in the US is surly going to raise a lot of red flags on the validitiy of the marriage.

Turn down the job, work and live in the US with your husband get US citizenship down the road and then after all that you can think about working abroad...

[nscvet 0]

I was told by an attorney that my wife and I could return to her country, she could turn in her green card and come over on a visitor visa if she wished and that, if we decided someday to return to the States, we could do a DCF. That was before the Adam Walsh thing so I don't know if that is still an option.

Will you be employed by an American company and assigned overseas? That makes a hugh difference. In some cases foreign spouses of U.S. citizens are eligible for green cards and citizenship at the same time. I would definetly consult with a good attorney your situation.

[nigel 7]

Timtamsam..

here's just a thought.....could it be possible that you could go to OZ, to start your new job your wife stays in the us until she can become a usc .....i know its money/ home/ and being away from your wife for 2ys and still within that 2yrs she still can go and visit you in her country and you the sam into the usa as your a usc....

cas if im correct she can apply after 3yrs or 60days before that 3yrs...

im not really sure about my comments about this, but only tossing (mabe) ideas your way.....thats if it can be done this way....

________________________________________________________________________________

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On another note i do know if a P/R is outside for more but less than 2yrs.. he/she must file a i 131 form cost $170

if a P/R did file i 131 form then this will break up the 3yr race to become usc.

but one member states on here that even tho your back in the usa within that year then this will also break up that 3yr race to become a usc......THIS IM NOT REALLY SURE ABOUT... but if you read the i131 form about this then it do mention about being out for over a yr but i can't recall it mention anything if your back within the yr...

I know about the i-131 form re-entry permit as only just 3 wks ago i had went/came back into the us after being out for 8mths and at P.O.E they gave me SXXX about being away so long....they did let me back in and advised me as im going back to the uk again in 21 days to file a 131 form as i knew/read about this way in advance...

my wife called the dhs /ins and they said i was in my wright as i was not outside for more than a yr and the P.O.E advised me wrong....so when leaving back to the uk me/wife spoke to a P.O.E officers and said what happened when i came in the us and they also said that if i was inside within the yr ill be fine, but also they said that if im out like i was before for 8mths they do have the right to re-fuse you entry until you file a 131 form...

in fact the P.O.E officer pulled me to one side and said dont leave it to long next time...and smiled..

ill be back asap i said..he said good...

anyway soz for going on but maybe this story might give whomever some insite to what may happen....when playing the in & out game the P.O.E is a different department and can and will do what they want within there powers...

Thanks Guys/dolls..

god bless

Nigel

ps... if a P/R is outside the us 4 out of the 5 yrs then yep they can take G/C off you...

Edited September 1, 2007 by nigel

[diadromous mermaid 36]

Yes, you do have some tough thinking to do as you make a decision.

If you can stay in the US long enough for her to become a citizen, then she can leave the US for as long as she likes, and return to the US whenever she wants. That would obviously solve the dilemma, but it sounds like that's not possible with this particular opportunity.

Once she leaves the US for 6 months, she will be presumed to have broken her "continuous residence" time for the purposes of naturalization unless she can prove otherwise. Once she stays out of the US for a year, it's almost certain she will have interrupted her "continuous residence" time. Both these statements are true even if she's allowed to return to the US as a LPR with a returning resident visa or a reentry permit. So she might be looking at roughly a three year wait after returning to the US before she's eligible for naturalization.

In the worst case, you could choose to abandon her current permanent residency, and do DCF for an immigrant visa when it's time to return. Yes, that would mean basically going through the process again, but if you can time it properly, you should be able to stay together during the entire process this time. An immigrant visa issued via DCF doesn't involve adjustment of status; she'd have a Green Card as soon as she enters the US. Since your marriage is old enough now, there won't be the whole conditional thing to go through.

Why on earth would anyone choose that route? Living overseas due to one's spouse's career move, is not an automatic revocation of permanent residency.