expatriate and permanent resident wife

[san diego 407]

Let me explain my current situation. I am pharmaceutical executive living in San Diego, US citizen. My wife came here on K1 through me , Adjusted status, and now we are in the process of lifting conditions. It will probably take another 3 months to get permanent 10-year GC. In April 2014 we will apply for her Citizenship based on marrying for 3 years to me. Now, the problem: I got a VERY lucarative offer from another big pharmaceutical company for high level executive position. However, this position is as an expatriate in Europe. Now I have to make a choice to accept this position or stay in US. If I accepted, by the time we both move for 5 years to Europe, I do expect her to have 10 year GC in hand. After 5 years we are planning on moving back to US. I have several questions SPECIFIC FOR EXPATRIATES FROM US AND THEIR WIVES:

1) Will this jeopardize her permanent resident status if she moved with me (let's say we visited from time to time back to US)? Is their specific laws for expatriate families in this respect?

2) Would this jeopardize her ability to apply for US citizenship next April (same as above - any special laws)?

I will probably go and see immigration attorney anyway but wanted to hear if anyone familiar with this law here.

Thank you!

[Darnell 8,478]

i suggest she remain in USA until she has her Certificate of USCitizenship and USA Passport.

anything else is a PITA .

[NikLR 13,227]

She will likely lose her LPR status and will not be able to file for citizenship if she goes before she is a citizen.

Otherwise you're applying for re entry permits and trying to keep a green card alive for the next 5 years before she can continue her citizenship journey.

[san diego 407]

Thank you, guys! In this case I will just turn it down.

Is there any special laws for expatriate familities that you know of? What if military got deployed to other country? I know I am not military but maybe expatriate families law?

Edited July 10, 2013 by san diego

[Darnell 8,478]

turn it down? why not take the job and live apart until she has a USA passport?

you could live cheaply in Europe until she arrives.

[aaron2020 11,651]

turn it down? why not take the job and live apart until she has a USA passport?

you could live cheaply in Europe until she arrives.

She wouldn't be able to use the 3 years naturalization rule because she would fail to meet the "living with your US citizen spouse in the 3 years immediately before filing. She would have to naturalize under the 5 years rule if he is living and working abroad while she is living in the US.

Life is full of choices. If they want to be together, it's either the job or getting her US citizenship soon. Under the facts presented, its not possible to do both. It seems that getting her US citizenship is a higher priority than a job.

[san diego 407]

turn it down? why not take the job and live apart until she has a USA passport?

you could live cheaply in Europe until she arrives.

Because I cannot live without her and she would not want to stay here without me.

[Darnell 8,478]

ah. ok.

[san diego 407]

She wouldn't be able to use the 3 years naturalization rule because she would fail to meet the "living with your US citizen spouse in the 3 years immediately before filing. She would have to naturalize under the 5 years rule if he is living and working abroad while she is living in the US.

Life is full of choices. If they want to be together, it's either the job or getting her US citizenship soon. Under the facts presented, its not possible to do both. It seems that getting her US citizenship is a higher priority than a job.

Thank you. Yes, you are right, it is greater priority for us. I have a good living here it was just a really good opporutnity both financially and career-wise. I just thought if there are any exceptions. If not, this is the end of it.

Thank you, everyone, for the feedback.

[aaron2020 11,651]

Thank you, guys! In this case I will just turn it down.

Is there any special laws for expatriate familities that you know of? What if military got deployed to other country? I know I am not military but maybe expatriate families law?

There are no special rules for expatriate families in a situation like yours.

It's different when the US government or US military orders a person to move abroad versus a voluntary move abroad. The former requires the US (the order giver) to assist with certain family problems like immigration and citizenship. In the latter, your choice to leave so no special assistance.

[NikLR 13,227]

US military basically don't own their lives anymore, they belong to the government, so the government does make special exceptions for them because of it. But they deserve it and more.

Wish I had better news to tell you about moving to Europe except perhaps the opportunity may knock again.

[Boiler 45,467]

If your Employer was sending you overseas that would be different.

[san diego 407]

If your Employer was sending you overseas that would be different.

Can you elaborate on this? Yes, if I change jobs my new US employer would be sending me overseas for 5 years. This is right.

[aaron2020 11,651]

Can you elaborate on this? Yes, if I change jobs my new US employer would be sending me overseas for 5 years. This is right.

Your employer is not sending you overseas. You would be choosing to go for a new job. You are not being transferred from a US position to one overseas.

[hmh33 117]

Why not just move with her to Europe and have her abandon her green card. She can still visit the US with you, by means of a B-2 visa. When it's time to return permanently to the US, file for an IR-1 immigrant visa for her, so she'll get another green card.