Getting m'd to USC - *not planning to come to US*

[hwenix 0]

Tried to find an answer on the forum, but every foreign-born spouse I've seen so far seems to be willing to relocate to the US asap. My situation is different:

I'm getting married to a US citizen, but what if my work interests are going to keep me outside of the US for quite a while? (say, for 2 years). Is there any legal process we can/should start now that would enable me to eventually move from conditional to permanent residency?

How about naturalization? Is it 3 years from the moment we get married, or from *when I move to the US*?

Thanks.

[Completely 3]

Tried to find an answer on the forum, but every foreign-born spouse I've seen so far seems to be willing to relocate to the US asap. My situation is different:

I'm getting married to a US citizen, but what if my work interests are going to keep me outside of the US for quite a while? (say, for 2 years). Is there any legal process we can/should start now that would enable me to eventually move from conditional to permanent residency?

How about naturalization? Is it 3 years from the moment we get married, or from *when I move to the US*?

Thanks.

First: You and your husband need to get married.

Second: Your husband need to file the Petition first (CR1 Visa) to get a greencard or become a resident even it is conditional.. You can not file citizenship unless you are an immigrant. You dont have to stay in the US, but you have to go there to meet the physical requirement every year..

Third: When you become a Conditional Resident, if your husband work overseas for a US Company or Government continuosly and have a contract for a year at the time of filing.. You can submit an Application for Naturalization under Article 319b of Immigration and Nationality Act.. This expedite the process and you dont need to have 3 years of marriage.

See the quote below:

What requirements must I meet for naturalization under section 319(B) of the INA?

• You must be a lawful permanent resident at the time of your interview.

• You must meet the applicable naturalization requirements outlined in sections 312 and 316 of the INA and Title 8, Code of Federal Regulations (physical presence is not required).

• You must be married to a U.S. citizen and living together in a valid marital union.

• Your U.S. citizen spouse must be “regularly stationed abroad” as:

o A member of the U.S. Armed Forces;

o An employee or an individual under contract to the U.S. government;

FAQ – 319(B) of the INA

o An employee of an American institution of research recognized as such by the Attorney General;

o An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States;

o An employee of a public international organization of which the United States is a member by law or treaty; or

o A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States.

• You must show evidence that you will depart to join your U.S. citizen spouse within 45 days of your naturalization.

What does the term “regularly stationed abroad” mean regarding my spouse’s employment?

The term “regularly stationed abroad” means that the overseas employment contract for your spouse clearly shows that your spouse’s employment will continue abroad for at least one year after the date that you will be naturalized. When possible, you should file your application prior to your departure overseas. If you are already overseas, you should file your application only if the end date of your spouse’s employment contract will allow you to meet the eligibility criterion of having at least one year remaining overseas at the time of naturalization.

Look at my timeline, it will explains you a lot.

Edited November 3, 2008 by Completely

[john_and_marlene 162]

There's no point if filing for immigration until you decide you will be ready to immigrate. Being a permanent resident of the US means that your live in the US. As long as you plan to keep your domicile and employment in another country, you won't be a resident of the US (with limited exceptions involving employment with some US companies or the US government).

[kaffy 2]

There's no point if filing for immigration until you decide you will be ready to immigrate. Being a permanent resident of the US means that your live in the US. As long as you plan to keep your domicile and employment in another country, you won't be a resident of the US (with limited exceptions involving employment with some US companies or the US government).

Agreed

I married my USC spouse in February 2007 when we were living overseas together and we did not file for my CR1 until June 2008 when we had decided we were ready to move back. I too would suggest that you wait until you are ready to immigrate before filing.

Edited November 3, 2008 by kaffy

[hwenix 0]

Thanks everyone.

One thing I'm still trying to understand... if we live outside of the US for three years and then file - this will give me a *conditional* green card? Citizenship? "Unconditional" green card? Something else?

[*JG* 2]

Thanks everyone.

One thing I'm still trying to understand... if we live outside of the US for three years and then file - this will give me a *conditional* green card? Citizenship? "Unconditional" green card? Something else?

If you are married for more then 2 years, they will give you the unconditional (10 year) green card when approved. You have to apply for the citizenship then.

[hwenix 0]

Thanks everyone.

One thing I'm still trying to understand... if we live outside of the US for three years and then file - this will give me a *conditional* green card? Citizenship? "Unconditional" green card? Something else?

If you are married for more then 2 years, they will give you the unconditional (10 year) green card when approved. You have to apply for the citizenship then.

Thanks.

So, I won't be subject to US taxes before I actually get a green card (whether conditional or not)? Marriage as such isn't equivalent to passing the IRS "green card test", correct?

[payxibka 10,045]

Thanks.

So, I won't be subject to US taxes before I actually get a green card (whether conditional or not)? Marriage as such isn't equivalent to passing the IRS "green card test", correct?

In order to pass the "greencard test"... one needs to be in possesion of a greencard... If you have never seen the inside of the USA, one cannot possess a greencard...

Citizenship is granted based on length of time in possession of a greencard.... The clock does not begin until such time

Edited November 3, 2008 by payxibka

[hwenix 0]

Great, thanks.

[Brad and Vika 129]

Thanks everyone.

One thing I'm still trying to understand... if we live outside of the US for three years and then file - this will give me a *conditional* green card? Citizenship? "Unconditional" green card? Something else?

If you are married for more then 2 years, they will give you the unconditional (10 year) green card when approved. You have to apply for the citizenship then.

Thanks.

So, I won't be subject to US taxes before I actually get a green card (whether conditional or not)? Marriage as such isn't equivalent to passing the IRS "green card test", correct?

Get advice from a tax accountant or attorney that specializes in this area. Although you do not have a US tax liability until you become a "resident alien", I would make sure that IRS agrees that the green card (rather than application date for same) is the trigger. I don't know the answer, but it would be a bummer to discover you had a liability like that after the fact.

[hwenix 0]

Yes... agreed - I was too confident.

[payxibka 10,045]

Thanks everyone.

One thing I'm still trying to understand... if we live outside of the US for three years and then file - this will give me a *conditional* green card? Citizenship? "Unconditional" green card? Something else?

If you are married for more then 2 years, they will give you the unconditional (10 year) green card when approved. You have to apply for the citizenship then.

Thanks.

So, I won't be subject to US taxes before I actually get a green card (whether conditional or not)? Marriage as such isn't equivalent to passing the IRS "green card test", correct?

Get advice from a tax accountant or attorney that specializes in this area. Although you do not have a US tax liability until you become a "resident alien", I would make sure that IRS agrees that the green card (rather than application date for same) is the trigger. I don't know the answer, but it would be a bummer to discover you had a liability like that after the fact.

Brad,

There are two primary tests for RESIDENT alien tax status... Greencard - which by definition means in physical possession, and Substantial Presence - which is a specific "recipe" or calculation of actual days residing inside the USA... The OP does not currently have any facts to even remotely "trigger".

Edited November 5, 2008 by payxibka