NEED ANSWERS: Going to school outside US for 3+yrs, what to do after the 2yrs reentry permit?

[singlemom 0]

Hi everyone,

I need help with my multiple questions below:

1) Applying for Naturalization: I read the ‘Guide for Naturalization’ and it says I have to be married with the same guy and live together for 2 or 3 years.

a. What will happen if marriage did not last 2 or 3 years due to death? How long should I wait until I am able to apply for naturalization?

b. I have read about ‘Class Action’ and the ‘Freeman’s Law,’ would they have something to do also with the required number of years for naturalization for widows whose marriages didn’t last 2 or 3 years?

2) I became a permanent resident January 2009. I want to go to Philippines to finish my school probably 3 years or so. I have read I needed I-131 reentry permit that allows me to stay in the Philippines until 2 years.

a. What will I do, or what will happen after 2 years? Should I come back before 2 years and seek another reentry permit? What should I do?

b. At USCIS website, I have read ‘to preserve the residency for naturalization purposes’ one has to file N-470, is that available to me?

c. Will my absence due to ‘schooling outside USA’ affect my application for naturalization in the future?

3) I have a child who is a USC. Is there a time period or time limit for her to stay in the Philippines with me?

4) How can I file my taxes if I am outside the US?

I am planning to go by January '10.

Thank you very much! Answers would be so much appreicated!

singlemom

[Brother Hesekiel 2,236]

Hi Singlemom,

if you follow through with your plan, you are effectively terminating your status as a legal permanent resident of the U.S. as this requires the LPR to reside in the U.S. permanently. Visiting shortly before the 2 years have passed and then leave again won't work.

Since your husband died, you have no basis for a new green card until your USC son is an adult, at which time he can petition for you.

You might want to rethink your plan.

Wish you the very best.

Edited November 17, 2009 by Just Bob

[milimelo 4,539]

Hi everyone,

I need help with my multiple questions below:

1) Applying for Naturalization: I read the 'Guide for Naturalization' and it says I have to be married with the same guy and live together for 2 or 3 years.

a. What will happen if marriage did not last 2 or 3 years due to death? How long should I wait until I am able to apply for naturalization?

b. I have read about 'Class Action' and the 'Freeman's Law,' would they have something to do also with the required number of years for naturalization for widows whose marriages didn't last 2 or 3 years?

2) I became a permanent resident January 2009. I want to go to Philippines to finish my school probably 3 years or so. I have read I needed I-131 reentry permit that allows me to stay in the Philippines until 2 years.

a. What will I do, or what will happen after 2 years? Should I come back before 2 years and seek another reentry permit? What should I do?

b. At USCIS website, I have read 'to preserve the residency for naturalization purposes' one has to file N-470, is that available to me?

c. Will my absence due to 'schooling outside USA' affect my application for naturalization in the future?

3) I have a child who is a USC. Is there a time period or time limit for her to stay in the Philippines with me?

4) How can I file my taxes if I am outside the US?

I am planning to go by January '10.

Thank you very much! Answers would be so much appreicated!

singlemom

It's 5 years if you're divorced of widowed.

You can preserve residency with I-131 but it may reset your clock for naturalization - how long you are outside of country is how long more you have to wait to make up for the time so you can apply for naturalization.

A child who is US citizen does not have to worry about time outside the country.

You file taxes normally - you can download the forms off of IRS.gov website and mail them in.

One question - do you have 2 or 10-yr GC?

[singlemom 0]

Hi Singlemom,

if you follow through with your plan, you are effectively terminating your status as a legal permanent resident of the U.S. as this requires the LPR to reside in the U.S. permanently. Visiting shortly before the 2 years have passed and then leave again won't work.

Since your husband died, you have no basis for a new green card until your USC son is an adult, at which time he can petition for you.

You might want to rethink your plan.

Wish you the very best.

- - - - -

So, did you mean it is impossible to finish my school in the Philippines without losing my residency? I will come back after m school.

Singlemom

Hi everyone,

I need help with my multiple questions below:

1) Applying for Naturalization: I read the 'Guide for Naturalization' and it says I have to be married with the same guy and live together for 2 or 3 years.

a. What will happen if marriage did not last 2 or 3 years due to death? How long should I wait until I am able to apply for naturalization?

b. I have read about 'Class Action' and the 'Freeman's Law,' would they have something to do also with the required number of years for naturalization for widows whose marriages didn't last 2 or 3 years?

2) I became a permanent resident January 2009. I want to go to Philippines to finish my school probably 3 years or so. I have read I needed I-131 reentry permit that allows me to stay in the Philippines until 2 years.

a. What will I do, or what will happen after 2 years? Should I come back before 2 years and seek another reentry permit? What should I do?

b. At USCIS website, I have read 'to preserve the residency for naturalization purposes' one has to file N-470, is that available to me?

c. Will my absence due to 'schooling outside USA' affect my application for naturalization in the future?

3) I have a child who is a USC. Is there a time period or time limit for her to stay in the Philippines with me?

4) How can I file my taxes if I am outside the US?

I am planning to go by January '10.

Thank you very much! Answers would be so much appreicated!

singlemom

It's 5 years if you're divorced of widowed.

You can preserve residency with I-131 but it may reset your clock for naturalization - how long you are outside of country is how long more you have to wait to make up for the time so you can apply for naturalization.

A child who is US citizen does not have to worry about time outside the country.

You file taxes normally - you can download the forms off of IRS.gov website and mail them in.

One question - do you have 2 or 10-yr GC?

------

I have 10-yr GC

Singlemom

[Anh map 2,098]

It's easy to file US tax returns from any country in the world. Use the proper forms and file on time.

It sounds like a consultation with a qualified immigration attorney would worth the time and money to get the best guidance for your particular circumstances.

[Brother Hesekiel 2,236]

I respectfully disagree, as retaining an attorney just to confirm the obvious would be a waste of money.

To answer you question: Correct, there's no way that you can live in the Philippines for 3 years, not even with a little break in between, and keep your green card.

If your resident status is terminated, there's also no way for you as a widow to apply for a new green card until your son is 21 years old and can petition for you.

Again, for me it would be a no brainer what to do, but for you it might be a tough decision.

[singlemom 0]

Does anyone know how a permanent resident can finish school outsisde US? Say, in 3 years or so?

Thank you very much!

singlemom

[milimelo 4,539]

Does anyone know how a permanent resident can finish school outsisde US? Say, in 3 years or so?

Thank you very much!

singlemom

Not sure how to do it outside US but I can tell you there are community colleges that are pretty cheap - in district tuition rates for under $2000 a semester and you can even deduct $2500 on your tax return.