Got interview, but not sure about staying in US anymore!

[novi84 0]

Whoa, thanks for the reply, folks! I am a dude, though

Still not sure if we want to go or not...we are definitely moving, so won't need the green card. That means that if we do go to the interview, we have to lie about our intentions of staying here in order to be approved. Will that possibly backfire on me, in case I want to apply for a GC later on?

Job market here is horrible. Both my wife and I have master's degrees, and people won't even talk to us. We wanted to stay here, but are fortunate enough to be able to move to Norway, one of the few countries not affected by the financial recession. We have no motivation to stay here, and possible get a low-paying job with 2 weeks vacation and 45 hour weeks, when we can get good jobs, 5 weeks vacation etc. US isn't what it once was - hard work doesn't necessarily pay of anymore...

[MonkeyJuice 3]

I can't see how it would backfire on you as the (AOS) Greencard interview is based on a legitimate marriage. I would go for the interview & see how it all turns out. You may change your minds or you may not but at least if you move to Norway, you have 6 months to decide whether it will all work out.

P.s.. can you speak Norwegian??

[VanessaTony 3,567]

Whoa, thanks for the reply, folks! I am a dude, though

Still not sure if we want to go or not...we are definitely moving, so won't need the green card. That means that if we do go to the interview, we have to lie about our intentions of staying here in order to be approved. Will that possibly backfire on me, in case I want to apply for a GC later on?

Job market here is horrible. Both my wife and I have master's degrees, and people won't even talk to us. We wanted to stay here, but are fortunate enough to be able to move to Norway, one of the few countries not affected by the financial recession. We have no motivation to stay here, and possible get a low-paying job with 2 weeks vacation and 45 hour weeks, when we can get good jobs, 5 weeks vacation etc. US isn't what it once was - hard work doesn't necessarily pay of anymore...

Agree with the PP in that no you don't need to prove you want to stay, just prove that you have a legitimate marriage.

Honestly I would go simply because i think "approved for GC but gave it up" looks better than "denied".

If you're 100% set on going, send a letter to USCIS stating you are revoking your AOS application due to leaving the country. Have your wife sign it as well so if you DO come back, you have it on record that she AND you are leaving the country and cancelling the petition was a joint idea (so they don't think you're leaving her, or she doesn't know you're leaving or something like that).

I also agree the US isn't the "promise land" that some people think it is. Right now it has my husband and my puppy and the cheap house we bought together (gotta love house prices!!) but I'm not excited about my job prospects... I would earn a LOT more money and have a LOT more benefits living in Australia.

[novi84 0]

P.s.. can you speak Norwegian??

Yes, sir, I am Norwegian.

Hm, well, we'll either go over there, or send a letter (good idea!). Leaving it open is probably not a good idea, so we'll have to do something! Just not comfortable lying/bending the truth in an interview. What kind of questions do they ask? I know they want to know if the marriage is legit, but won't the conversation at some point go into future plans etc.?

[JudyKCski 12]

To me personally you both should go to the interview. Even if the job market is bad I take it you are still working and making enough to support the two of you. Remember YOU will be in the same boat as she is if you also go to Norway (without a job to work there you would need a work permit) things are very expensive there too. Maybe the real problem is she is homesick for family or friends? I would suggest you have that discussion with her perhaps one of her family members or friends can come for a short visit.

Edited November 22, 2010 by JudyKCski

[novi84 0]

We ended up not going, and I also sent a letter to USCIS explaining our situation, and that I'm cancelling the application.

Well, first of all we don't have jobs here. We quit the jobs we had before move to a different city, but it didn't work out as we planned. Furthermore, we won't be in the same situation there. The job market is a whooole different story - every job I've applied for so far has given me an interview or positive response, while here in US we hear absolutely nothing.

And as for my american wife, she would just have to focus on learning the language. As soon as she gets a job she can start working while they're handling the application.

We are positive that we're making the right decision in moving, and it would not feel right to go to the interview at that point.

[SophWeb 25]

I believe you would have to stay here until you become a U.S Citizen, because people with green cards CAN NOT be out of U.S for more than 6 months so even if you get your green card there is no point u have to come back if u do not want to lose anything here ... <b>but I also heard from some people even when you have your citizenship and live overseas you have to come back to U.S once in a while, I'm not sure.. correct me if I'm wrong </b> you never know what life brings tho ..are you having a hard time finding a good paying job? there is a lot of jobs in U.S you have just need school and work haaaaaaard ! im sure u know that . its not easy but thats how it is here..i know so many people at the age of 35 they decide they want to go back to school because they are having a hard time climbing up that latter here ..

This is not true. Once you are an American Citizen, that is it. They cannot revoke your citizenship for simply not living in the country. So long as you keep an active U.S. passport (which is renewable at a U.S. embassy), and you enter the U.S. with that passport, then you should never have a problem entering the U.S. if you've been away for an extended period of time.

That being said, there ARE reasons they will revoke your U.S. citizenship. Acts of treason, holding a public office in a foreign state, sometimes being apart of foreign armed forces and lying during the Naturalization process will generally get your U.S. Citizenship revoked. But just being out of the country will NOT lead to your citizenship being revoked.

Also, they USCIS cannot just arbitrarily pull your citizenship. Revoking one's citizenship must be approved by a Federal Judge, in a Federal Court, so they'd have to prove in a court of law that you did any of these things. Basically, once you have your citizenship, so long as you behave, it's easy street.

[SophWeb 25]

This is not true. Once you are an American Citizen, that is it. They cannot revoke your citizenship for simply not living in the country. So long as you keep an active U.S. passport (which is renewable at a U.S. embassy), and you enter the U.S. with that passport, then you should never have a problem entering the U.S. if you've been away for an extended period of time.

That being said, there ARE reasons they will revoke your U.S. citizenship. Acts of treason, holding a public office in a foreign state, sometimes being apart of foreign armed forces and lying during the Naturalization process will generally get your U.S. Citizenship revoked. But just being out of the country will NOT lead to your citizenship being revoked.

Also, they USCIS cannot just arbitrarily pull your citizenship. Revoking one's citizenship must be approved by a Federal Judge, in a Federal Court, so they'd have to prove in a court of law that you did any of these things. Basically, once you have your citizenship, so long as you behave, it's easy street.

Just wanted to add - sometimes the U.S. Government is difficult if you acquire another country's citizenship on top of your U.S. Citizenship. This applies to natural-born USC too. Straight from the government website - "A person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship....Intent can be shown by the person's statements or conduct. The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause."

Here is more information - http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

[Sebas&Lily 3]

Wrong. You are permitted out for anything up to 12 months. Any period over 6 months CAN be used against you though.

You can also apply for a re-entry permit that allows you to re-enter before 2 years (pretty sure it's 2).

Staying out also affects naturalisation clock.

Does the above apply to Conditional Green Cards or Permanent?

[Sebas&Lily 3]

Just wanted to add - sometimes the U.S. Government is difficult if you acquire another country's citizenship on top of your U.S. Citizenship. This applies to natural-born USC too. Straight from the government website - "A person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship....Intent can be shown by the person's statements or conduct. The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause."

Here is more information - http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

The bolded text is clearly talking about a US Citizen and not someone who is already a citizen of another country. But now if we're talking about the OP's wife, now that's a dif story

Edited December 3, 2010 by Sebas&Lily

[VanessaTony 3,567]

Does the above apply to Conditional Green Cards or Permanent?

both.

A conditional greencard's condition is a bonafide marriage to a USC. That's pretty much it... that's why you have to ROC, to prove you've successfully fulfilled the condition of marriage to a USC. Technically if you get divorced before you file ROC you're no longer a conditional LPR and subject to removal. That's why if you still need to ROC when you divorce the ROC, you should file as soon as possible. The reason you're permitted the waiver for "bonafide marriage" is because USCIS recognise that some marriages don't work but that you still fulfilled the condition of a "bonafide marriage".

[Sebas&Lily 3]

^ thanks, I just told that to our friend yesterday and looks like her divorce is dragging along which is only in her benefit She did get a lawyer though just in case so I think she is covered. (having a lot of proof of a bonafide marriage + lawyer = win)