Question about moving abroad temporarily with a conditional GC, and address change

[Little_My 464]

Me and my husband will be relocating abroad to India for a period pf approximately 11 months, due to his job situation. He co-owns and directs a company that was founded and based in the US, but operates in India, and his current position requires him to be there for the next year or so. We have looked into maintaining residency and continuous residency, and after doing the math and considering our particular situation, I feel pretty confident that I'll be able to show that I did not abandon my residency in the US and that I did not disrupt continuous residency for citizenship purposes.

I am leaving the US on 8 July 2012, and my current, conditional GC expires on 20 July 2013. I plan to be back in the US early June. In between, I will also be coming back for a visit at least once, maybe twice. I'll also continue to work on a US based multinational agency from India, which I have worked for previously, basically doing a distant consultancy contract with them. Therefor my employer will stay in the US, my salary will be paid in USD into a US bank account, and I will file and pay taxes of this income in the US. My Indian visa is a temporary, non-immigrant entry visa, dependent on my husband's visa.

First, I want to hear what others think about this situation. My plan is to return to live in the US June next year, file for ROC after arriving, and then file for citizenship in 2014 after being a permanent resident for 3 years, out of which I will have spent around 11 months abroad in India. We won't maintain an apartment of our own in the US, but we will have our bank accounts in a US bank, put our US phone plans on hold instead of canceling them, I will maintain a US-based employer, and I'll come to visit around half way through the year to avoid beign gone for close to 12 months continuously.

Second, I have a question regarding the address change to USCIS. We are changing our mailing address in the US to my hsuband's father's address, which is where all our mail will be doing while we are gone. When I send in the address change, can I just give them that address, or do I somehow in the adsdress change form have to indicate that we will be in India?

[hmh33 117]

File I-131 for a reentry permit, which will help prove your intent to maintain residence, and will be very useful in the event that you end up staying away for more than 12 months.

[Little_My 464]

I am 100% sure I will not be staying abroad longer - because I absolutely have to be in the US in June 2013 to file for ROC. I also do not want to delay my citizenship process, and therefor have to come back at that time anyway to fulfill the continuous residency requirement. I've seen many people say that same thing, but I just don't see the purpose of filing for the re-entry permit in our situation, when it is 100% sure we will return June next year - and at this point it is also too late for us to file it.

[gnasa 3]

Hi Litte_My,

I agree with hmh33 that a Re-Entry permit is very good evidence your move abroad is temporary. It will come in very handy if at point of entry to US your faced with a belligerent rude uneducated USCIS officer, especially if your traveling without your US citizen spouse. Its just a little bit of insurance that will help if you face suspected abandonment of residency. It is not impossible to apply and do biometrics before you leave, but your spouse may need to contact their congressmen to expedite appropriately, once you receive biometrics appt notice lots of folks are successful with 'early walk-ins'. I'm speaking from direct experience with my wife's REP.

As you know, continuous residence for citizenship is broken after 6 months out of country and you have to start from 0 at that point.

Also, it is not entirely impossible to ROC from abroad, one just has to be in the USA to attend biometrics and interview (if scheduled).

I would just use a US address for all dealings with USCIS.

Best regards and keep us informed with what you decide to do.

[Tiekey 1]

If his work with a US company will keep him abroad for over 12 months, it may be possible to file for citizenship now, under 319(b), if the firm is US owned, and involved in US/India trade.

[Little_My 464]

Unfortunately the firm is not involved in US-India trade.. and, as he is a co-founder and co-owner, he is able to ensure that he won't have to stay over 12 months. And, even if he does, I can make sure I won't. I am hoping to come for a visit before the 6 month mark, and then return permanently around June 2013.

[TBoneTX 46,127]

if at point of entry to US your faced with a belligerent rude uneducated USCIS officer

Gentle correction: CBP agent. Good reasoning otherwise.