Working overseas and maintaining US residency

[Satisfaction 1]

I am not sure whether anyone here has been in the same situation. I have already started K3 and I-130 for my husband. Luckily enough, the process has gone pretty smoothly until now. He should have his interview next month at the overseas consulate, if all goes well...

In the meantine, my company has job openings in Europe and I have always wanted to take a job there (better salary, better allowances i.e. education in an international school for the kids, safe environment ) What will happen to my husband's status if he moves to Europe with me/us? Will he lose his temporary residency/Greencard? Or will he be able to keep his conditional residency anyway, even though he is not living in the US?

I have made some research and have seen that I can still pay some taxes in the US, even though I will be employed overseas and paid in the European currency; and as such subject to the host country taxation law (there are different taxation treaties between the USA and each European country to avoid the "double taxation"). At the same time, I plan to cease my lease once we move to Europe.

Any advice?

Thank you

[Yodrak 7]

Satisfaction,

My advise is, find an immigration attorney who has experience with abandonment issues and discuss the specifics of your situation with them. Then follow their advice on the steps that you and your husband can take to maintain his LPR status.

Yodrak

I am not sure whether anyone here has been in the same situation. I have already started K3 and I-130 for my husband. Luckily enough, the process has gone pretty smoothly until now. He should have his interview next month at the overseas consulate, if all goes well...

In the meantine, my company has job openings in Europe and I have always wanted to take a job there (better salary, better allowances i.e. education in an international school for the kids, safe environment ) What will happen to my husband's status if he moves to Europe with me/us? Will he lose his temporary residency/Greencard? Or will he be able to keep his conditional residency anyway, even though he is not living in the US?

I have made some research and have seen that I can still pay some taxes in the US, even though I will be employed overseas and paid in the European currency; and as such subject to the host country taxation law (there are different taxation treaties between the USA and each European country to avoid the "double taxation"). At the same time, I plan to cease my lease once we move to Europe.

Any advice?

Thank you

[Satisfaction 1]

Yes, I think I would ask an attorney. I am unsure whether this is "abandonment" literally or not, as my company will transfer me for a 1 year contract overseas (renewable). It is hard to find information on the subject. I read that there is a possibility of keeping residency status for up to a two years' period, even if not living in the US, but some forms must be filled with USCIS.

[Boiler 45,733]

Yes, I think I would ask an attorney. I am unsure whether this is "abandonment" literally or not, as my company will transfer me for a 1 year contract overseas (renewable). It is hard to find information on the subject. I read that there is a possibility of keeping residency status for up to a two years' period, even if not living in the US, but some forms must be filled with USCIS.

You must still maintain the Residency aspect in the US and it sounds like you, or more importantly him, will be severing all ties.

Why not have a word with the firms lawyers, they need to sort you out a work visa and might be able to help in the specifics.

The easy answer would be that you probably can not, but we do not know all the circumstances. Plus of course a Lawyer can give you a strategy and an opinion but not a guarantee.

Also check how easy it is to do DCF wherever you are think of moving too.

[breezy 0]

Satisfaction,

I agree, it is hard to find good info on the subject, seems that there is no clear rule on when exactly LPR status has been abandoned. From what I've gathered, the INS looks at that particular case and all of the circumstances, to see if the green card holder still intends to live in the U.S. permanently.

Some examples of intent to live permanently in the U.S. are:

Filing U.S. taxes

Owning property in the U.S.

Keeping an U.S. abode

Have U.S. bank account with substantial amounts

Memberships, Voting in elections

U.S. Drivers Licence, SSN, letter of indeffinate tendancy, bills etc.

Seems that leaving the U.S. for 6 months and under is usually not a problem. Absence of 6-12 months might get more INS scrutiny. More than 12 months out of the U.S. (without a re-entry permit) might lead the INS to make a presumtion on if the LPR status has been abandoned.

A temporary absence of any length will generally be excused if the LPR was placed abroad by their company...if this applies to your case, I don't know....but do speak to an attorney, hopefully they will have some good suggestions about your situation.

The re-entry permit allows the LPR to stay out of the U.S. for up to 2 years, I'm not sure how they determine who will recieve one and who will be denied. Might ask the attorney if he would be eligble. But if you do apply for one it must be done in the U.S. before the trip abroad, they will send a recipt when they receive it stating that it is being decided. I believe it takes more than 4 months to usually be determined, and if not granted, the LPR should return immediatly to the U.S.

Good Luck in any case, and please note that I STILL haven't DCFed, so I can't say that I really know what I'm talking about....these are just bits of what I'm gathering along the way. Breezy

P.S.-Wishing you two luck on his upcoming interview!

[Mand 1]

Here's some info...

1-2 Years: Reentry Permit

If you are a lawful permanent resident or conditional permanent resident and wish to remain outside the United States for more than one year, but less than two, you require a reentry permit. A reentry permit is not required for a trip that is shorter than one year. (You should note that an absence of more than one year will break the period of continuous residence required to become a citizen, even if a reentry permit is issued -- see Application for Preservation of Residence). A Reentry Permit is also issued to lawful permanent residents who want to travel outside the United States, but cannot get a national passport from their country of nationality. A reentry permit is valid for two years and may not be extended.

An application (Form I-131, Application for Travel Document), along with the supporting documentation and fees, should be submitted while in the United States, at least 30 days prior to your proposed date of departure, to: U.S. Citizenship and Immigration Services, Northern Service Center, 100 Centennial Mall North, Room B-26, Lincoln, Nebraska 68508. If you think you may have to leave the United States before the reentry permit is received, you may have it sent to a U.S. Consulate or USCIS office overseas for pick up. There is a place on Form I-131 to furnish the information necessary to receive the reentry permit outside of the United States. However, even though you may receive the reentry permit overseas, the application must be submitted while you are still in the United States.

Application for Preservation of Residence

A Reentry Permit does not preserve residence for naturalization purposes. Form N-470 (Application to Preserve Residence for Naturalization Purposes) must be filed with USCIS prior to departure from the United States. This form is for lawful permanent residents who must leave the United States for certain employment purposes and wish to preserve their immigrant status in order to pursue naturalization. Further information may be obtained from the USCIS office having jurisdiction over your place of residence in the United States. These cases involve persons employed in specific jobs in the United States government and private sector as well as religious organizations.

[Boiler 45,733]

You can lose residency theoretically in a day.

I have a friend who was out of the country for less than 6 months, only just got back in. That was the final tipping point for him naturalising.

[Satisfaction 1]

Thank you for the info! I suppose that we are OK if we take care of all the paperwork, at least for a period of two years. It seems easier for people who are transferred overseas by a US company to work, from what I understand. I definitely need to find out more about this. More paperwork, oh well!

I am unsure of whether my company call it a "transfer" or not, but from what I understand, I don't think so. Once selected and hired for a vacancy, the branch hire you (me) locally over there... However, certain allowances (i.e. tuition fees in a bilingual/international school for children) and working/temporary visas are provided to USC and their dependents for 1 year (renewable). It's not as if yI was send to work as an expatriate for a US firm. Or is it?

[Satisfaction 1]

Here's some info...

1-2 Years: Reentry PermitApplication for Preservation of Residence

A Reentry Permit does not preserve residence for naturalization purposes. Form N-470 (Application to Preserve Residence for Naturalization Purposes) must be filed with USCIS prior to departure from the United States. This form is for lawful permanent residents who must leave the United States for certain employment purposes and wish to preserve their immigrant status in order to pursue naturalization. Further information may be obtained from the USCIS office having jurisdiction over your place of residence in the United States. These cases involve persons employed in specific jobs in the United States government and private sector as well as religious organizations.

Thank you! I read about the "Re-Entry" permit but not this one. It is the first time I am seeing it! I will look further into this. Might be worth it finding out whether it is possible to for my husband to keep his eligibility for citizenship. It's too bad that the American embassy cannot process these requests, although it usually has a DHS division/representation .

Has anyone applied for this? Maybe residents in Canada?

[Mand 1]

These cases involve persons employed in specific jobs in the United States government and private sector as well as religious organizations.

My interpretation of this part, is that it's only related to people in certain employments. So I don't think it would it apply to your husband as it's not him being transferred. Plus, if I am reading correctly, he's not here yet? so won't be working for awhile?

I don't want to put a dampner on your offer, but I don't think the Reentry PermitApplication for Preservation of Residence would be applicable for him. But then again, someone else might have more concrete info.

[Satisfaction 1]

These cases involve persons employed in specific jobs in the United States government and private sector as well as religious organizations.

My interpretation of this part, is that it's only related to people in certain employments. So I don't think it would it apply to your husband as it's not him being transferred. Plus, if I am reading correctly, he's not here yet? so won't be working for awhile?

I don't want to put a dampner on your offer, but I don't think the Reentry PermitApplication for Preservation of Residence would be applicable for him. But then again, someone else might have more concrete info.

You're probably right, it doesn't seem to apply in his/our case. Probably to a limited number of people i.e. aliens in the army or in religious organizations, who are most likely to travel and work abroad. Not people like us who want to go on vacation! (just kidding)

Well, at least if my husband could keep his GR/residency (such a hassle to get ) which would be a good thing. But well, we are not even there yet....