Leaving USA after receiving Green Card

[PaulFox 0]

Hi all,

My fiance and I, after getting married and getting the green card, would like to move out of the usa for a while, as we are missionaries. She is Brazilian and I am and American. We met working together in Russia, and want to move back to Russia for work asap after getting married here. I was wondering if anyone knows where I can go to get the facts about how soon and how long we can leave. I know she must be in the usa for at least 18 months of the first 3 years to meet the citizenship requirements, but also that there are exceptions if you work for non-profits. Anyways, I thought maybe that someone out there has had a similar situation, or would know where to point me to get the facts. I am sure some gov't office would be able to help me, but I don't even know what office handles these questions.

THanks a million, I love this forum!

Paul

[YuAndDan 153]

The rules for naturilization to become a citizen can be found here: http://www.uscis.gov/files/article/M-476_English.pdf

For a spouse the rule is 3 years 18 months, with periods ounside the USA of no more than 6 months.

The exemption for non profits has to do with non-profits that promote the USA.

You will need to obtain a re-entry permit if you plan on being away from the USA for longer periods of time.

See: Now That You Are A Permanent Resident

[PaulFox 0]

The rules for naturilization to become a citizen can be found here: http://www.uscis.gov/files/article/M-476_English.pdf

For a spouse the rule is 3 years 18 months, with periods ounside the USA of no more than 6 months.

The exemption for non profits has to do with non-profits that promote the USA.

You will need to obtain a re-entry permit if you plan on being away from the USA for longer periods of time.

See: Now That You Are A Permanent Resident

Thanks so much for the help! I thought she has to be in the USA at least 18 months of the first three years. Do you think an immigration lawyer is worth asking about this kind of question?

[diadromous mermaid 36]

The rules for naturilization to become a citizen can be found here: http://www.uscis.gov/files/article/M-476_English.pdf

For a spouse the rule is 3 years 18 months, with periods ounside the USA of no more than 6 months.

The exemption for non profits has to do with non-profits that promote the USA.

You will need to obtain a re-entry permit if you plan on being away from the USA for longer periods of time.

See: Now That You Are A Permanent Resident

YuAndDan, read Section 319

SEC. 319. [8 U.S.C. 1430]

(a) Any person whose spouse is a citizen of the United States may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse, who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

(B) Any person,

(1) whose spouse is

(A) a citizen of the United States,

(B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and

© regularly stationed abroad in such employment, and

(2) who is in the United States at the time of naturalization, and

(3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.

[PaulFox 0]

The rules for naturilization to become a citizen can be found here: http://www.uscis.gov/files/article/M-476_English.pdf

For a spouse the rule is 3 years 18 months, with periods ounside the USA of no more than 6 months.

The exemption for non profits has to do with non-profits that promote the USA.

You will need to obtain a re-entry permit if you plan on being away from the USA for longer periods of time.

See: Now That You Are A Permanent Resident

YuAndDan, read Section 319

SEC. 319. [8 U.S.C. 1430]

(a) Any person whose spouse is a citizen of the United States may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse, who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

(B) Any person,

(1) whose spouse is

(A) a citizen of the United States,

(B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and

© regularly stationed abroad in such employment, and

(2) who is in the United States at the time of naturalization, and

(3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.

Thank you so much for that legal stuff... even though it confuses me. I sort of think I should consult a lawyer to explain that law... but missionaries don't really have budgets that can handle lawyer fees!! Thank you though.. it makes me want to pursue it more. Or maybe I could just contact the government office that handles that stuff... we haven't even gotten married yet, but we want to plan ahead because the mission organization we work with would like to know when we can come back to work... we have both left the organization until we get her citizenship squared away, I am just doing accounting and university until i can get her here, get her green card, and figure out how soon we can go back to work as missionaries in Russia, and how long we can go for before she is a citizen. Any clue which government office I would need to contact about this?

Edited January 2, 2007 by PaulFox

[sparkofcreation 0]

The rules for naturilization to become a citizen can be found here: http://www.uscis.gov/files/article/M-476_English.pdf

For a spouse the rule is 3 years 18 months, with periods ounside the USA of no more than 6 months.

The exemption for non profits has to do with non-profits that promote the USA.

You will need to obtain a re-entry permit if you plan on being away from the USA for longer periods of time.

See: Now That You Are A Permanent Resident

For a spouse the rule is TWO YEARS NINE MONTHS (or to be more exact, three years minus ninety days) from granting of permanent residency. Not three years and 18 months.

As far as I can tell, PaulFox, she apply two years and nine months after she gets her green card, whether or not she is in the US at the time, as long as your (PaulFox's) only employment while living outside the US is as a missionary (or one of the other categories mentioned above). The rules about how long she must be inside the US do not apply. But I don't understand all the details, I'm afraid.

Edited January 2, 2007 by sparkofcreation

[diadromous mermaid 36]

The rules for naturilization to become a citizen can be found here: http://www.uscis.gov/files/article/M-476_English.pdf

For a spouse the rule is 3 years 18 months, with periods ounside the USA of no more than 6 months.

The exemption for non profits has to do with non-profits that promote the USA.

You will need to obtain a re-entry permit if you plan on being away from the USA for longer periods of time.

See: Now That You Are A Permanent Resident

For a spouse the rule is TWO YEARS NINE MONTHS (or to be more exact, three years minus ninety days) from granting of permanent residency. Not three years and 18 months.

As far as I can tell, PaulFox, she apply two years and nine months after she gets her green card, whether or not she is in the US at the time, as long as your (PaulFox's) only employment while living outside the US is as a missionary (or one of the other categories mentioned above). The rules about how long she must be inside the US do not apply. But I don't understand all the details, I'm afraid.

sparkofcreation,

I believe you are confusing YuAndDan's post to mean the point at which an alien becomes eligible to apply for Naturalisation. In point of fact, YuAndDan was explaining the presence element of eligibility. For an alien still residing and married to his or her USC spouse, presence required is 18 months out of the last 3 years, (hence YuAndDan's comment "the rule is 3 years 18 months") as opposed to 30 months of the last 5 years for all others.