Going overseas to work while Us citizenship papers filed

[aussie girl 1]

Hello Folks,

I was eligible to apply for US citizenship last March 25, 2008 as a spouse of a U.S. citizen. Been here since June 2005 and got my permanent green card last Jan, 2008.

However, I got too busy with our move (we just bought a house) and everything ...now I am getting the bad effects of not applying as soon as I was eligible. First, I missed out on a Federal job I was being offered (at least 3 times). And now, I have an opportunity to work in the UK (at least for a year up to 3 years) for a big amount of sterling(british pounds) hourly rate and I am not sure whether I should take this opportunity. I have this IT skill that is very in demand in UK/Europe at the moment and I have been keeping quiet here in the US for the last 3 years earning a normal salary. God knows we need the extra amount I can possibly earn since my son is in university among other things. We calculated that if I take the UK contract, I will earn in 3 months what I have been earning for a full year here in the U.S.

If I file my US citizenship within the next few weeks, is it safe for me to go overseas as soon as I get my confirmation of priority date? How long does it take for the US office to send a respond about my priority date? I live in Baltimore, MD. If I do go overseas, how long can I stay at a time? I heard I should try to be back her in the US every 5 months, is this true?

Kind regards,

Aussie girl

I

[lucyrich 20]

There's not a specific time.

The rule is that if you move overseas and make your principle residence there, you've abandoned your green card. If you abandon your green card, then not only are you ineligible for naturalization, but you can't even return to the US without filing a bunch of paperwork. There's no fixed time period -- you can theoretically abandon your green card in one day, though it seems nearly impossible in practice that anyone would have problems with abandonment so quickly. But the point is, what matters isn't so much the specific timeline of your travels, but where you make your primary residence. And, as always in immigration matters, you've got the burden of proof.

On the day you file for citizenship, you've got to meet all the citizenship requirements except for the continuous residence requirement (you're allowed a 90 day head start on that one). On the date of your interview, you've got to meet ALL the requirements. On the date of your oath, you've got to meet all the requirements once again. You are required to show you resided continuously in the US from the date you apply for naturalization until the date you take the oath. See INA 316 a 2 (note that residing continuously in the US doesn't mean you can't visit overseas).

Any trip of over six months will normally break continuous residence for naturalization purposes, unless you can prove you didn't break residence. You'd generally show that you maintained your US employment and didn't accept employment abroad, among other things. see 8 CFR 316.5 c 1 i.

There's a physical presence requirement, too. Basically, you must have spent more than half of your continuous residence time actually inside the US.

Once you become a citizen, all these problems vanish. You can stay out of the country for as long as you like, and you won't lose citizenship.

[aussie girl 1]

Lucyrich,

Thank you very much for your reply. This really help me have more insight and knowledge in making my decision. My main thing is..I don't want to throw away the continuous presence that I have already spent in the U.S.

You have basically confirmed all what I have read in my research so far. I think I will concentrate on getting my U.S. citizenship first before anything else. And then take it from there--> either work for my federal job (they are waiting for me until I get my citizenship) or accept a contract in the UK.

I already said 'No' to the UK contract but had gotten some more increase to the offer and a suggested work around to the citizenship issue, like letting me work from U.S. home after every 5 months for a month and then back there. It is only a suggestion from them.

It is very tempting to accept this work, really.

Would showing that we bought a house and having my family here in the U.S. show that my primary residence is in the U.S.? If I do go, I intend to only stay in a hotel or a room. This time, if I do go, I am not planning on renting a flat/apartment. or house at all. The main aim is to just earn and save money for a year, not have much expenses and then come back home for good ...working at a federal job. I was thinking I could shoot the bird with 2 stones. While I am waiting for my citizenship I can work and earn big money overseas. Here in the U.S> both my husband and I earn good enough money but for some reason we can hardly make ends meet. Even though we are not spending anything other than living expenses and paying bills for things that are a necessity.

What would be a safe work around, if you can think of one? I already asked for a remote work, which at first was not possible due to a bad experience they had with one of my colleagues. But, hearing my citizenship issue, they seemed more flexible with remote work so long as it is not a totally remote work. I still have to work out if they can pay my airfares.

My bottomline is to settle down here in the U.S> working for my current Federal agency where I know I can make a difference in the coming future. My IT skills and business application knowledge is going to be a big help to them once they can employ me.

As you can see, I have this decision to make - stay in the US and wait for citizenship, in the meantime earn enough to live (borderline poverty-like living) OR earn lots of money overseas that can cover education and proper living expenses but possibly lose my chance to get the US citizenship which we have been working hard on for the last 5 years.

Its so hard especially when we could use the extra earning. Thanks again.

Aussie girl

There's not a specific time.

The rule is that if you move overseas and make your principle residence there, you've abandoned your green card. If you abandon your green card, then not only are you ineligible for naturalization, but you can't even return to the US without filing a bunch of paperwork. There's no fixed time period -- you can theoretically abandon your green card in one day, though it seems nearly impossible in practice that anyone would have problems with abandonment so quickly. But the point is, what matters isn't so much the specific timeline of your travels, but where you make your primary residence. And, as always in immigration matters, you've got the burden of proof.

On the day you file for citizenship, you've got to meet all the citizenship requirements except for the continuous residence requirement (you're allowed a 90 day head start on that one). On the date of your interview, you've got to meet ALL the requirements. On the date of your oath, you've got to meet all the requirements once again. You are required to show you resided continuously in the US from the date you apply for naturalization until the date you take the oath. See INA 316 a 2 (note that residing continuously in the US doesn't mean you can't visit overseas).

Any trip of over six months will normally break continuous residence for naturalization purposes, unless you can prove you didn't break residence. You'd generally show that you maintained your US employment and didn't accept employment abroad, among other things. see 8 CFR 316.5 c 1 i.

There's a physical presence requirement, too. Basically, you must have spent more than half of your continuous residence time actually inside the US.

Once you become a citizen, all these problems vanish. You can stay out of the country for as long as you like, and you won't lose citizenship.

[moonhunt 1]

Lucyrich,

Thank you very much for your reply. This really help me have more insight and knowledge in making my decision. My main thing is..I don't want to throw away the continuous presence that I have already spent in the U.S.

You have basically confirmed all what I have read in my research so far. I think I will concentrate on getting my U.S. citizenship first before anything else. And then take it from there--> either work for my federal job (they are waiting for me until I get my citizenship) or accept a contract in the UK.

I already said 'No' to the UK contract but had gotten some more increase to the offer and a suggested work around to the citizenship issue, like letting me work from U.S. home after every 5 months for a month and then back there. It is only a suggestion from them.

It is very tempting to accept this work, really.

Would showing that we bought a house and having my family here in the U.S. show that my primary residence is in the U.S.? If I do go, I intend to only stay in a hotel or a room. This time, if I do go, I am not planning on renting a flat/apartment. or house at all. The main aim is to just earn and save money for a year, not have much expenses and then come back home for good ...working at a federal job. I was thinking I could shoot the bird with 2 stones. While I am waiting for my citizenship I can work and earn big money overseas. Here in the U.S> both my husband and I earn good enough money but for some reason we can hardly make ends meet. Even though we are not spending anything other than living expenses and paying bills for things that are a necessity.

What would be a safe work around, if you can think of one? I already asked for a remote work, which at first was not possible due to a bad experience they had with one of my colleagues. But, hearing my citizenship issue, they seemed more flexible with remote work so long as it is not a totally remote work. I still have to work out if they can pay my airfares.

My bottomline is to settle down here in the U.S> working for my current Federal agency where I know I can make a difference in the coming future. My IT skills and business application knowledge is going to be a big help to them once they can employ me.

As you can see, I have this decision to make - stay in the US and wait for citizenship, in the meantime earn enough to live (borderline poverty-like living) OR earn lots of money overseas that can cover education and proper living expenses but possibly lose my chance to get the US citizenship which we have been working hard on for the last 5 years.

Its so hard especially when we could use the extra earning. Thanks again.

Aussie girl

Hey, Aussie girl,

Remember that one of thing you have to consider for job from foreign country is that you have to report all your earning to federal government for taxation purpose no matter where it is happening.

So you have to pay the tax for high income and maintain your another bona-fide residence there.

I don't know whether it is really make sense or not.

If your earning goes high, you may have to pay a lot of tax.

Also, if you work for foreign company in foreign country, when USCIS interview officer find out, he/she may ask for employer letter to confirm whether your remote working is permanent or not.

Employment can be considered as big reason for residency intention.

If you spend more time from foreign country, you will have always chance that USCIS interview officer consider that you have no intention in living in U.S.

Even if you can get away with citizenship thing, you may still end up with paying high tax bracket for federal government and/or state government.