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Keeping Green Card while overseas

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Filed: Country: Thailand
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Not exactly a question about getting a green card, but seems to fit with the travel part. I am a USC married to a Thai for almost 6 years now. For the entire time I have been working overseas for a US company (engaged in foreign trade, etc). We have lived in 4 different countries, moving some 6 times, now in Thailand. My wife has a tourist visa (expires next year) and we have visited the US. I have often contemplated going through the (DCF or Thailand USCIS equivalent) spousal visa process and subsequent naturalization. But I am always stopped by the fact that we don’t live in the US and will probably not for many years to come as my assignment is very long term. My question is can she maintain the green card if we don't live in the US?

The main reason I would pursue this would be to get the US passport which would make travel in general, not just to US, much simpler. I believe that when green card is given, she would still have to reside somewhere (in the state where the naturalization would be applied for) for at least 3 months.

Please note that support and domicile is not an issue. I get paid in USD to US bank and have maintained a US mailing address.

Any comments, advice, or personal experience is welcome.

Thanks,

TH

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Not exactly a question about getting a green card, but seems to fit with the travel part. I am a USC married to a Thai for almost 6 years now. For the entire time I have been working overseas for a US company (engaged in foreign trade, etc). We have lived in 4 different countries, moving some 6 times, now in Thailand. My wife has a tourist visa (expires next year) and we have visited the US. I have often contemplated going through the (DCF or Thailand USCIS equivalent) spousal visa process and subsequent naturalization. But I am always stopped by the fact that we don’t live in the US and will probably not for many years to come as my assignment is very long term. My question is can she maintain the green card if we don't live in the US?

The main reason I would pursue this would be to get the US passport which would make travel in general, not just to US, much simpler. I believe that when green card is given, she would still have to reside somewhere (in the state where the naturalization would be applied for) for at least 3 months.

Please note that support and domicile is not an issue. I get paid in USD to US bank and have maintained a US mailing address.

Any comments, advice, or personal experience is welcome.

Thanks,

TH

Where to begin.....

1. To preserve LPR status due to employment overseas the company has to be more than engaged in foreign trade -- they have to be engaged in the development of foreign trade and commerce or be a public international organization of which the United States is a member.

2. To qualify for the preservation above, the immigrant must first have resided in the United States as a lawful permanent resident for an uninterrupted period of at least one year.

3. The physical presence requirement must also be met prior to applying for naturalization unless the employer was the U.S. government.

http://www.uscis.gov/lpbin/lpext.dll/inser...pter-32-73-46-3

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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  • 2 years later...
Filed: Citizen (pnd) Country: Nepal
Timeline
Not exactly a question about getting a green card, but seems to fit with the travel part. I am a USC married to a Thai for almost 6 years now. For the entire time I have been working overseas for a US company (engaged in foreign trade, etc). We have lived in 4 different countries, moving some 6 times, now in Thailand. My wife has a tourist visa (expires next year) and we have visited the US. I have often contemplated going through the (DCF or Thailand USCIS equivalent) spousal visa process and subsequent naturalization. But I am always stopped by the fact that we don’t live in the US and will probably not for many years to come as my assignment is very long term. My question is can she maintain the green card if we don't live in the US?

The main reason I would pursue this would be to get the US passport which would make travel in general, not just to US, much simpler. I believe that when green card is given, she would still have to reside somewhere (in the state where the naturalization would be applied for) for at least 3 months.

Please note that support and domicile is not an issue. I get paid in USD to US bank and have maintained a US mailing address.

Any comments, advice, or personal experience is welcome.

Thanks,

TH

You can apply citizenship under Article 319b of Immigration Nationality Act, since you are with your husband overseas .. Search forums related to 319 INA

You can have expedited naturalization while overseas.

jamesfiretrucksg2.th.jpgthpix.gif
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Filed: Citizen (pnd) Country: Nepal
Timeline
Not exactly a question about getting a green card, but seems to fit with the travel part. I am a USC married to a Thai for almost 6 years now. For the entire time I have been working overseas for a US company (engaged in foreign trade, etc). We have lived in 4 different countries, moving some 6 times, now in Thailand. My wife has a tourist visa (expires next year) and we have visited the US. I have often contemplated going through the (DCF or Thailand USCIS equivalent) spousal visa process and subsequent naturalization. But I am always stopped by the fact that we don’t live in the US and will probably not for many years to come as my assignment is very long term. My question is can she maintain the green card if we don't live in the US?

The main reason I would pursue this would be to get the US passport which would make travel in general, not just to US, much simpler. I believe that when green card is given, she would still have to reside somewhere (in the state where the naturalization would be applied for) for at least 3 months.

Please note that support and domicile is not an issue. I get paid in USD to US bank and have maintained a US mailing address.

Any comments, advice, or personal experience is welcome.

Thanks,

TH

You can apply citizenship under Article 319b of Immigration Nationality Act, since you are with your husband overseas .. Search forums related to 319 INA

You can have expedited naturalization while overseas.

http://www.state.gov/documents/organization/79520.pdf

http://www.visajourney.com/forums/index.ph...ost&id=6036

jamesfiretrucksg2.th.jpgthpix.gif
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