Living in Japan with GC for 2.5 years

[Chuckit272 6]

Hello,

 

I am a US citizen.  My wife is from Argentina and holds a 10 year green card.  Her and I have been married and lived in the USA since 2008.   She hasn't travelled outside the USA in 6 years since we had 2 kids.  The only time she would have travalled before was to visit Argentina for about 1 month per year.

 

I have received an offer to do a temperary assignment in Japan for 2.5 years.  I want to take her and the kids there with me during the assignment.  We have no intention of staying in Japan, We would return to USA.  My company would easily provide evidence in a letter if needed.

 

I read that with a GC and leaving the USA for long periods of time, specifically more than 1 year is grounds for abandoning her PR.  So I saw there is a form for I-131.   A few questions I have

 

1) If we apply for I-131 would we be able to go to Japan starting in Feb 2024?  Is that enough time to get approval?  Would this qualify for expedite?  I read on USCIS website I-131 are taking 17 months to process.

2) Is an I-131 required?  If my wife were to come home to USA for a month in the middle of the assignment would that satisfy her not abandoning her permanant resident status?   We wil do the I-131 anyway to express our intention of returning.  I think if she is gone so much during the next 2 years they will quesiton her without it.

3) Is there a danger in my wife doing this with me and having her GC revoked?

 

Has anyone ever done something similar to this and can share their experience?

[JeanneAdil 6,316]

why doesn't she apply for Naturalization and when she takes the oath,  join u in Japan

[Lil bear 3,884]

2 hours ago, Chuckit272 said:

Hello,

 

I am a US citizen.  My wife is from Argentina and holds a 10 year green card.  Her and I have been married and lived in the USA since 2008.   She hasn't travelled outside the USA in 6 years since we had 2 kids.  The only time she would have travalled before was to visit Argentina for about 1 month per year.

 

I have received an offer to do a temperary assignment in Japan for 2.5 years.  I want to take her and the kids there with me during the assignment.  We have no intention of staying in Japan, We would return to USA.  My company would easily provide evidence in a letter if needed.

 

I read that with a GC and leaving the USA for long periods of time, specifically more than 1 year is grounds for abandoning her PR.  So I saw there is a form for I-131.   A few questions I have

 

1) If we apply for I-131 would we be able to go to Japan starting in Feb 2024?  Is that enough time to get approval?  Would this qualify for expedite?  I read on USCIS website I-131 are taking 17 months to process.

2) Is an I-131 required?  If my wife were to come home to USA for a month in the middle of the assignment would that satisfy her not abandoning her permanant resident status?   We wil do the I-131 anyway to express our intention of returning.  I think if she is gone so much during the next 2 years they will quesiton her without it.

3) Is there a danger in my wife doing this with me and having her GC revoked?

 

Has anyone ever done something similar to this and can share their experience?

1.  Yes. She must be in the US when she applies .. biometrics must v be completed and that usually happens within 2-3 months .. she can then leave and have the Rentry permit sent to the overseas consulate for pick up when it approved . 
 

2. I131 avoids these problems

 

The I131 is only valid for 2 years .. she can apply for another permit but must be in the US to do  

 

Applying and receiving naturalization would avoid all these issues.   Look into your local field office timeframe for N400. Things are speeding up a bit and it may be able to complete this before then if you move on it immediately 

[Mike E 11,730]

2 hours ago, Chuckit272 said:

have received an offer to do a temperary assignment in Japan for 2.5 years. 

In some cases, depending on your employer and your assignment,  she can naturalize while living abroad. See 

 

 

[Dashinka 23,448]

Have you discussed this with your company?  Most companies that send employees on international assignments have a fairly competent legal staff that handles immigration services.  As @Lil bear mentioned, she can do the re-entry permit that will maintain her GC for 2 years, then either apply again, or come back to the US six months ahead of you.  As both @Lil bear and @Mike E mentioned naturalization would make things even easier for her, and there is the potential she can naturalize from overseas, or start the process now, and if you have a fairly quick field office, she could be done in 6-8 months.

 

Good Luck!

[Mike E 11,730]

34 minutes ago, Dashinka said:

and if you have a fairly quick field office, she could be done in 6-8 months.

Per post history, OP seems to be in Indy

 

Per  https://www.visajourney.com/timeline/citlist.php?op6=All&op7=Indianapolis+IN&op1=6&op2=&op4=1&op5=5%2C10%2C11&cfl= Indy is a “fairly quick office”

 

An N-400 fee is more cost effeftive than a re-entry permit fee.

 

No brainer. File N-400 today.

[Chuckit272 6]

What would happen if we apply the N-400 and end up having to leave to Japan?  Could she do the interview and oath there?  We don't want to end up in a situation where we apply for N-400 and she has to wait around 12 months in USA and can't leave.   Or try to avoid a special trip home.

[Chancy 6,234]

5 minutes ago, Chuckit272 said:

Could she do the interview and oath there?

 

Unless you are active-duty US military stationed abroad, your wife must interview and take the oath inside the US.

 

[Mike E 11,730]

3 minutes ago, Chuckit272 said:

Could she do the interview and oath there?

No

 

4 minutes ago, Chuckit272 said:

We don't want to end up in a situation where we apply for N-400 and she has to wait around 12 months in USA and can't leave

The high percentage bet is N-400 as most Indy N-400 filers can attest.

 

She can file both N-400 and I-131 today. Considering you will be living in Japan for a couple years, the fees are just noise compared to the cost of living there.

 

13 minutes ago, Chuckit272 said:

Or try to avoid a special trip home.

The re-entry permit will not be approved by February 2024. She is flying home regardless.

[Verrou 1,906]

3 hours ago, Chuckit272 said:

What would happen if we apply the N-400 and end up having to leave to Japan?  Could she do the interview and oath there?  We don't want to end up in a situation where we apply for N-400 and she has to wait around 12 months in USA and can't leave.   Or try to avoid a special trip home.

highly unlikely n-400 interview will be conducted after filing date, usually they are quite fast even in big cities.

she doesnt have to wait in the US while her n-400 still pending, she can stay outside the US as long as its not over 180 days still. and obviously fly back to the US when she got interview date.