Moving overseas while on conditional green card

[LA123 0]

Good luck kiwi. I'll send in my info next week so I'll update you all on how things go.

Kiwi - keep a bank account in the US as well with your US address.

Thanks LA, that's a big help. I spoke to a lawyer but he wasn't anywhere near as helpful as this. I think I will also do option 3, although as we are renting our house here, we're going to have to use a family member's address & will only have that and tax returns to show. I hope that will be enough evidence that we want to return.

I feel the same way as Himher, I don't want to put this on hold...I think what I will do is this:

We leave US in Feb 2010 on return flights, come back June.

Submit I-751 in Dec 2010 (my 90 days) & return when biometrics appt is scheduled (I'm assuming that will be sometime between Dec-Mar when GC expires).

Return again once new GC is in hand (hopefully no more than 6months later) & apply for I-131, which should then cover me for the remaining 2 years we are away.

I know that at any point when I return I run the risk of being denied entry, but I guess I'll just have to take the risk. It seems crazy that USCIS don't make better allowances for people like us.

Meanwhile, I'm still trying to find where I read about being out of the country for more than 180 days. I think it said that if you're out beyond this time it puts a red flag on you or something. Anyway, if I find it again, I'll post it.

Good luck to everyone.

See original post - we do not file until next spring. It gives name, service date, job title, local (overseas) address, family members who also reside at that address, and an 800 number to call for further information. It also has some kind of a nice blue stamp on it. Correction to second post it is her VISA that states dependent status / not allowed to work.

The address that I will put on the forms is our US address - the same one our vehicles are registered at, phone bills go to, bank / CC statements go to, and tax return are referenced to. I do not wish that a hold be placed on our petition so we have scheduled 30-day leave starting (2) weeks after we file. If the biometrics do not fall within that 6-week frame or we cannot do biometrics early then she will have to stay, go to biometrics, and return after that is complete. If we are dinged for interview we will return and attend the interview together. Worst case is that we do not meet the requirements which means that when we do intend to return we will have to start over. It will save us much in state income taxes (taxes that otherwise would not have to be paid if my wife were a USC) which have to be filed even though I work overseas to maintain residency in our state.

[himher 634]

Not a red flag, they have the option to put you through special processing at the airport. I have never heard of a spouse travelling with family who has been given a hard time though.

Good luck kiwi. I'll send in my info next week so I'll update you all on how things go.

Kiwi - keep a bank account in the US as well with your US address.

Thanks LA, that's a big help. I spoke to a lawyer but he wasn't anywhere near as helpful as this. I think I will also do option 3, although as we are renting our house here, we're going to have to use a family member's address & will only have that and tax returns to show. I hope that will be enough evidence that we want to return.

I feel the same way as Himher, I don't want to put this on hold...I think what I will do is this:

We leave US in Feb 2010 on return flights, come back June.

Submit I-751 in Dec 2010 (my 90 days) & return when biometrics appt is scheduled (I'm assuming that will be sometime between Dec-Mar when GC expires).

Return again once new GC is in hand (hopefully no more than 6months later) & apply for I-131, which should then cover me for the remaining 2 years we are away.

I know that at any point when I return I run the risk of being denied entry, but I guess I'll just have to take the risk. It seems crazy that USCIS don't make better allowances for people like us.

Meanwhile, I'm still trying to find where I read about being out of the country for more than 180 days. I think it said that if you're out beyond this time it puts a red flag on you or something. Anyway, if I find it again, I'll post it.

Good luck to everyone.

See original post - we do not file until next spring. It gives name, service date, job title, local (overseas) address, family members who also reside at that address, and an 800 number to call for further information. It also has some kind of a nice blue stamp on it. Correction to second post it is her VISA that states dependent status / not allowed to work.

The address that I will put on the forms is our US address - the same one our vehicles are registered at, phone bills go to, bank / CC statements go to, and tax return are referenced to. I do not wish that a hold be placed on our petition so we have scheduled 30-day leave starting (2) weeks after we file. If the biometrics do not fall within that 6-week frame or we cannot do biometrics early then she will have to stay, go to biometrics, and return after that is complete. If we are dinged for interview we will return and attend the interview together. Worst case is that we do not meet the requirements which means that when we do intend to return we will have to start over. It will save us much in state income taxes (taxes that otherwise would not have to be paid if my wife were a USC) which have to be filed even though I work overseas to maintain residency in our state.

[SpiritAlight 1]

I had read somewhere that if the USC is transferred to work overseas than their spouse can do an accelerated green card or maybe even citizenship processing.

Anyone remember/know this?

I will research and see if I can find the link.

Please stand by...

[himher 634]

I do not believe that is accurate. You MAY be thinking of DCF submittal of the I130 package overseas to bring a spouse over to the US which is essentially the same process as using USCIS for obtaining a green card but generally much quicker. There is unfortunately no good news for a USC with a LPR spouse who has an overseas job assignment. As earlier posted, time spent out of the country (a significant amount of time) actually gets ADDED to the time that the LPR spouse has to wait before citizenship eligibility. There is an added burden of keeping and maintaining a real and measurable US residence and residency for the family and STILL there is always the fear that the green card, which was family based to begin with, will be yanked because the LPR spouse "abandoned" residence to keep the family intact. <shakes head>

There is a well-deserved and well-earned process for MILITARY personnel (or state department personnel) being assigned overseas to accelerate the application. This does not apply to regular working citizens however.

I had read somewhere that if the USC is transferred to work overseas than their spouse can do an accelerated green card or maybe even citizenship processing.

Anyone remember/know this?

I will research and see if I can find the link.

Please stand by...

[kiwibecka 0]

Yes, I think it's that military one you may be thinking of there spirit.

Thanks LA, will def keep as much as possible open/current!

[milimelo 4,479]

As far as I know, you can use 319 (B) for Naturalization if the USC spouse is working for an American company and that employment will last 12 months or longer. Don't think it's just for military.

Kiwi, apply for ROC and then immediately file for N-400 through 319 (B). I'd even look into filing both at the same time.

[mrs.song 0]

Does anyone try #2 before?

We're in the same situation, but will mostly likely to come back to live next year. I'm debating on if I should use #2...

[curtdfw 0]

We filed the I-130 I was working in India for a few years, but it's only available for people living there long term (Residence Permit, etc.). It's much quicker than the US-based route to a Green Card, but so far as I know it has no effect on the citizenship processing time.

I do not believe that is accurate. You MAY be thinking of DCF submittal of the I130 package overseas to bring a spouse over to the US which is essentially the same process as using USCIS for obtaining a green card but generally much quicker. There is unfortunately no good news for a USC with a LPR spouse who has an overseas job assignment. As earlier posted, time spent out of the country (a significant amount of time) actually gets ADDED to the time that the LPR spouse has to wait before citizenship eligibility. There is an added burden of keeping and maintaining a real and measurable US residence and residency for the family and STILL there is always the fear that the green card, which was family based to begin with, will be yanked because the LPR spouse "abandoned" residence to keep the family intact. <shakes head>

There is a well-deserved and well-earned process for MILITARY personnel (or state department personnel) being assigned overseas to accelerate the application. This does not apply to regular working citizens however.

I had read somewhere that if the USC is transferred to work overseas than their spouse can do an accelerated green card or maybe even citizenship processing.

Anyone remember/know this?

I will research and see if I can find the link.

Please stand by...

[Mand 1]

Not a red flag, they have the option to put you through special processing at the airport. I have never heard of a spouse travelling with family who has been given a hard time though.

You have now!!

We left the US when I had my 2 year green card. We returned to the US for a visit less than 1 year later and I used my GC. I was taken into a small room and questioned by immigration. I was told unless we stayed in the US I needed to return my greencard, that it cannot be used as a tourist visa. At the time we were discussing a move back to the US, but we ended up staying here in Ireland. So I made an appointment with the Embassy here to formally hand back my greencard.

We are now doing DCF through the Irish Embassy and hoping that it works out ok for us.

[curtdfw 0]

As far as I know, you can use 319 (B) for Naturalization if the USC spouse is working for an American company and that employment will last 12 months or longer. Don't think it's just for military.

About 319b:

Section 319b of the Immigration and Nationality Act permits certain spouses of United States citizens regularly stationed abroad to naturalize without any required period of permanent residence, provided that they will be residing abroad with their U.S. citizen spouse after naturalization. An applicant must declare in good faith an intention to reside permanently in the United States when the spouse’s employment terminates.

In order to meet the above requirement under Section 319b:

1. You must be lawful permanent resident of the United States, married to a U.S. citizen, and living together in a valid marital union; and

2. The U.S. citizen must be "regularly stationed abroad" in the employment of: The U.S. government; or an American institution of research recognized as such by the Attorney General; or

an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the U.S., or a subsidiary thereof

; or a Public International Organization in which the U.S. participates by treaty. Per Title 8 of the Code of Federal Regulations, Part 319.5, these organizations are: The North Atlantic Treaty Organization and The UN and all agencies and organizations which are a part thereof; or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the U.S. or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the U.S.; and

3. You will be proceeding to join your spouse whose work abroad under orders of the qualifying employer will continue for at least 1 (one) year after the date you will be naturalized.

http://www.hoodmwr.com/ACS/Media/Program_f...on/319b_FAQ.pdf

Has anyone actually done this? My inexpert reading of the 319b info above (see added bold type) is that the American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the U.S. is for, say, a company marketing US goods abroad. I (possibly) will be working for a US company that runs call centers in central America, and that doesn't seem like quite the same thing...

Edited September 30, 2009 by curtdfw

[kiwibecka 0]

Hi LA,

How are you getting on?

Can I ask you what you put on your I-131 form for the purpose of travel section? Did you put that your husband was working overseas?

I think I'm going to go ahead and file the 131 after all, just to be safe.

Thanks.

Good luck kiwi. I'll send in my info next week so I'll update you all on how things go.

Kiwi - keep a bank account in the US as well with your US address.

Thanks LA, that's a big help. I spoke to a lawyer but he wasn't anywhere near as helpful as this. I think I will also do option 3, although as we are renting our house here, we're going to have to use a family member's address & will only have that and tax returns to show. I hope that will be enough evidence that we want to return.

I feel the same way as Himher, I don't want to put this on hold...I think what I will do is this:

We leave US in Feb 2010 on return flights, come back June.

Submit I-751 in Dec 2010 (my 90 days) & return when biometrics appt is scheduled (I'm assuming that will be sometime between Dec-Mar when GC expires).

Return again once new GC is in hand (hopefully no more than 6months later) & apply for I-131, which should then cover me for the remaining 2 years we are away.

I know that at any point when I return I run the risk of being denied entry, but I guess I'll just have to take the risk. It seems crazy that USCIS don't make better allowances for people like us.

Meanwhile, I'm still trying to find where I read about being out of the country for more than 180 days. I think it said that if you're out beyond this time it puts a red flag on you or something. Anyway, if I find it again, I'll post it.

Good luck to everyone.

See original post - we do not file until next spring. It gives name, service date, job title, local (overseas) address, family members who also reside at that address, and an 800 number to call for further information. It also has some kind of a nice blue stamp on it. Correction to second post it is her VISA that states dependent status / not allowed to work.

The address that I will put on the forms is our US address - the same one our vehicles are registered at, phone bills go to, bank / CC statements go to, and tax return are referenced to. I do not wish that a hold be placed on our petition so we have scheduled 30-day leave starting (2) weeks after we file. If the biometrics do not fall within that 6-week frame or we cannot do biometrics early then she will have to stay, go to biometrics, and return after that is complete. If we are dinged for interview we will return and attend the interview together. Worst case is that we do not meet the requirements which means that when we do intend to return we will have to start over. It will save us much in state income taxes (taxes that otherwise would not have to be paid if my wife were a USC) which have to be filed even though I work overseas to maintain residency in our state.

[LA123 0]

Hi,

Yes, just file the I-131. I put the following: I will accompany my husband, (NAME) on his relocation assignment for (COMPANY NAME). He has been assigned to work for (COMPANY) in (COUNTRY NAME) for 2 years.

I sent in my application 10 days ago so I'm waiting for a receipt notice. I will keep you updated on how it goes.

Hi LA,

How are you getting on?

Can I ask you what you put on your I-131 form for the purpose of travel section? Did you put that your husband was working overseas?

I think I'm going to go ahead and file the 131 after all, just to be safe.

Thanks.

Good luck kiwi. I'll send in my info next week so I'll update you all on how things go.

Kiwi - keep a bank account in the US as well with your US address.

Thanks LA, that's a big help. I spoke to a lawyer but he wasn't anywhere near as helpful as this. I think I will also do option 3, although as we are renting our house here, we're going to have to use a family member's address & will only have that and tax returns to show. I hope that will be enough evidence that we want to return.

I feel the same way as Himher, I don't want to put this on hold...I think what I will do is this:

We leave US in Feb 2010 on return flights, come back June.

Submit I-751 in Dec 2010 (my 90 days) & return when biometrics appt is scheduled (I'm assuming that will be sometime between Dec-Mar when GC expires).

Return again once new GC is in hand (hopefully no more than 6months later) & apply for I-131, which should then cover me for the remaining 2 years we are away.

I know that at any point when I return I run the risk of being denied entry, but I guess I'll just have to take the risk. It seems crazy that USCIS don't make better allowances for people like us.

Meanwhile, I'm still trying to find where I read about being out of the country for more than 180 days. I think it said that if you're out beyond this time it puts a red flag on you or something. Anyway, if I find it again, I'll post it.

Good luck to everyone.

See original post - we do not file until next spring. It gives name, service date, job title, local (overseas) address, family members who also reside at that address, and an 800 number to call for further information. It also has some kind of a nice blue stamp on it. Correction to second post it is her VISA that states dependent status / not allowed to work.

The address that I will put on the forms is our US address - the same one our vehicles are registered at, phone bills go to, bank / CC statements go to, and tax return are referenced to. I do not wish that a hold be placed on our petition so we have scheduled 30-day leave starting (2) weeks after we file. If the biometrics do not fall within that 6-week frame or we cannot do biometrics early then she will have to stay, go to biometrics, and return after that is complete. If we are dinged for interview we will return and attend the interview together. Worst case is that we do not meet the requirements which means that when we do intend to return we will have to start over. It will save us much in state income taxes (taxes that otherwise would not have to be paid if my wife were a USC) which have to be filed even though I work overseas to maintain residency in our state.

[kiwibecka 0]

Great, thanks LA!

Hi,

Yes, just file the I-131. I put the following: I will accompany my husband, (NAME) on his relocation assignment for (COMPANY NAME). He has been assigned to work for (COMPANY) in (COUNTRY NAME) for 2 years.

I sent in my application 10 days ago so I'm waiting for a receipt notice. I will keep you updated on how it goes.

Hi LA,

How are you getting on?

Can I ask you what you put on your I-131 form for the purpose of travel section? Did you put that your husband was working overseas?

I think I'm going to go ahead and file the 131 after all, just to be safe.

Thanks.

Good luck kiwi. I'll send in my info next week so I'll update you all on how things go.

Kiwi - keep a bank account in the US as well with your US address.

Thanks LA, that's a big help. I spoke to a lawyer but he wasn't anywhere near as helpful as this. I think I will also do option 3, although as we are renting our house here, we're going to have to use a family member's address & will only have that and tax returns to show. I hope that will be enough evidence that we want to return.

I feel the same way as Himher, I don't want to put this on hold...I think what I will do is this:

We leave US in Feb 2010 on return flights, come back June.

Submit I-751 in Dec 2010 (my 90 days) & return when biometrics appt is scheduled (I'm assuming that will be sometime between Dec-Mar when GC expires).

Return again once new GC is in hand (hopefully no more than 6months later) & apply for I-131, which should then cover me for the remaining 2 years we are away.

I know that at any point when I return I run the risk of being denied entry, but I guess I'll just have to take the risk. It seems crazy that USCIS don't make better allowances for people like us.

Meanwhile, I'm still trying to find where I read about being out of the country for more than 180 days. I think it said that if you're out beyond this time it puts a red flag on you or something. Anyway, if I find it again, I'll post it.

Good luck to everyone.

See original post - we do not file until next spring. It gives name, service date, job title, local (overseas) address, family members who also reside at that address, and an 800 number to call for further information. It also has some kind of a nice blue stamp on it. Correction to second post it is her VISA that states dependent status / not allowed to work.

The address that I will put on the forms is our US address - the same one our vehicles are registered at, phone bills go to, bank / CC statements go to, and tax return are referenced to. I do not wish that a hold be placed on our petition so we have scheduled 30-day leave starting (2) weeks after we file. If the biometrics do not fall within that 6-week frame or we cannot do biometrics early then she will have to stay, go to biometrics, and return after that is complete. If we are dinged for interview we will return and attend the interview together. Worst case is that we do not meet the requirements which means that when we do intend to return we will have to start over. It will save us much in state income taxes (taxes that otherwise would not have to be paid if my wife were a USC) which have to be filed even though I work overseas to maintain residency in our state.

[NycBra 4]

Not a red flag, they have the option to put you through special processing at the airport. I have never heard of a spouse travelling with family who has been given a hard time though.

A little bit of the discussion of living abroad, but they gave me a hard time at the airport when I was arriving back from vacation WITH my husband and when I arrived alone after a short work trip. I never had any secondary inspection ( the "special room") when I was a tourist on B2 visa, or when I was a student on F1. But after I got my green card, every single time I entered I was sent to secondary inspection. In one of them my husband went ballistic with the officers, we were waiting for over 2 hours! Anyway, they claim it could be an error (such as missing document) or my name is a match on the terror list. Come on! My name is not that common, and it was never a match when I was a B2 or F1. Their system is just messed up!

So, yes, even if you travel with your spouse you can still be given a hard time at the airport. THey never denied me entry, "just" let us waiting for over 2 hours, handled back my passport and green card without any explanation and said 'you can go'.

Edited October 15, 2009 by NycBra

[nigel 7]

Yep....they are P.O.E can say and do what they like...

Myself one time was was in that special room and kept me there 6 hrs while my usc wife & son was waiting outside..

They refused me entry and sent my butt back to the uk...while all this was going on my wife was on the phone to the officer and i could here her from 50ft away shouting at them..lol..

All this was due to my immigration paperwork texes messed up.. was not in there system and the reason they gave me was because of a previous visit overstay...when it was the uscis problem....in the first place...but they will never admit that...

Anyways....took us over 2 yrs to get back togethere agian as a family......Not Good i tell ya..plenty of stressfull days/nights...

Them days are over now until i fight for my usc next year 2010.....im going to go for this usc because i do not never ever want the us immigration to ever play with myself and family emotions ever again..

Ok thats my rant.. LOL..

back on the topic asked...is it possible to get a re-entry permit for your situation...maybe?

Nigel

Edited November 23, 2009 by nigel