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Filed: Timeline
Posted

Hello,

I'm a US Citizen and my wife currently has a conditional greencard which she got roughly a year ago.

As if this process alone wasn't complicated enough, I may have to work abroad for 2 years or so for a US corporation (non-goverment related if this matters)

Is there anyway I can take her with me without losing her conditional greencard?

We will both maintain our place of residency while we're away and will probably still be paying taxes in the states.

If I didn't take her with me out of the country and lived separately just to maintain her residency, will the INS not see that as failure to maintaining a normal marriage? I might be screwed either way here.

I guess this won't happen to most people on this board, but I can see this happening with some folks in the military (maybe the law is different for those folks?)

Please share any tips/information you may have. Thanks for your help and advice!

Filed: Citizen (pnd) Country: Poland
Timeline
Posted
Hello,

I'm a US Citizen and my wife currently has a conditional greencard which she got roughly a year ago.

As if this process alone wasn't complicated enough, I may have to work abroad for 2 years or so for a US corporation (non-goverment related if this matters)

Is there anyway I can take her with me without losing her conditional greencard?

Actually you can apply for her citizenship without lifting conditions:

CHECKLIST FOR APPLICATION FOR NATURALIZATION

U.S. immigration laws allow for the facilitation of naturalization for the spouse of an U.S. citizen who is either: 1) departing the U.S. to reside with his/her spouse; or 2) residing overseas with his/her spouse, when specific conditions exist. The following documentation must be provided:

? Completed and signed Form N-400, Application for Naturalization. Be sure that your Alien number and full legal name is written correctly, that you sign the form, and complete Part 2 that indicates the basis of your eligibility for expeditious naturalization.

? A photocopy of both sides of your Permanent Resident Card (previously known as the Alien Registration Card, or “green card”.)

? Two color passport style photographs

? A check or money order made payable to: Department of Homeland Security or U.S. Citizenship and Immigration Services. Fee amounts are listed on http://www.uscis.gov/forms

? Two Sets of Fingerprints – (If overseas, make an appointment with USCIS or DOS staff at an overseas location to have fingerprints taken.)

? United States citizen spouse’s proof of citizenship, i.e. birth certificate if born in the United States; United States Passport; naturalization certificate if naturalized citizen; or certificate of citizenship. Copies of these documents are acceptable upon filing of the N-400. However, originals of these documents may be requested later.

? Applicant’s marriage certificate (copy) and English translation, if applicable.

? If you OR your spouse had any prior marriages, submit proof of termination of ALL of those marriages (divorce decree or death certificate) and English translation if applicable.

? If you are filing your application from outside of the United States, indicate in a letter at which USCIS office in the United States you wish to be interviewed.

? For spouses of military members, Form DD1278, Certificate of Overseas Assignment to Support Application to File Petition for Naturalization, authorizing military dependent(s) concurrent travel. The DD1278 must be issued no earlier than 90 days prior to the scheduled date of travel overseas.

? Proof of US citizen spouse’s qualifying employment overseas showing concurrent travel and residence:

? A copy of your spouse’s travel orders;

? A letter from your spouse’s Commanding Officer indicating you have permission to reside

abroad with your spouse after naturalization; or

? Evidence of transportation arrangements to the new duty station.

? Proof that the applicant is a spouse of a US citizen who is regularly stationed overseas in the employment of/as:

? The U.S. government;

? A recognized American institution of research;

? An American firm or corporation engaged in whole or part in the development of foreign trade

or commerce, or a subsidiary thereof;

? A public international organization in which the US participates; or

? A Minister or priest of a religious denomination having a bona fide organization in the US; or

? A Missionary.

I do not have the link but I did copy that document for myself:

N-400 Expedite Request and Authorization Worksheet

The top part of this worksheet is to be completed only by DHS/USCIS after the applicant has completed the bottom portion and the checklist. Once the applicant has completed the bottom portion, the top part of the worksheet will be completed and signed by the local office DHS/USCIS official who is authorized to grant an expedite request on a Application for Naturalization, Form N-400.

AOS from B-2

08/05/08 I-485 filed

02/03/09 CGC received

12/09/10 I-751 filed

04/07/11 GC received

11/1/11 N-400 filed

02/24/12 USC

In Polish only. Sytuacja polityczna w Polsce:

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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