expatriate and permanent resident wife

[san diego 407]

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.

You never know how long it takes for IR1. Let's say, I apply 1 year before the end of the contract.. what if it takes longer? or shorter? I will probably consult an immigration attorney and see what I can do. Just really depressing to miss the opportunity but her right to live here is a priority. Thank you again for all advices.

[Boiler 45,965]

I would ask to talk to your prospective Employers Immigration Lawyer.

[hmh33 117]

You never know how long it takes for IR1. Let's say, I apply 1 year before the end of the contract.. what if it takes longer? or shorter? I will probably consult an immigration attorney and see what I can do. Just really depressing to miss the opportunity but her right to live here is a priority. Thank you again for all advices.

Well, a couple of years from the end of the contract you can start watching the processing times. The immigrant visa has a 6 month life so that's already quite a lot of flexibility, and there are ways of dragging out the application process if it looks like it's going to be done too soon. If I were in that situation I'd probably go for the IR-1. But it's your lives, so you have to make the decision

[Andrew and Zihui 10]

I would ask to talk to your prospective Employers Immigration Lawyer.

I like this answer

[scienceworks 64]

Why would she lose LPR status? If they travel every year or have re-entry permit for 1+ years and show intend to return, like having a house in US, filing US tax return for both. Isn't that allowed in green card?

This is from the Mumbai ,India's consulate page.

I am a legal permanent resident of the U.S. but I wish to remain outside the U.S. for over one year. Is it possible to do so?
Under current regulations a legal permanent resident of the United States (i.e. a person holding a green card) must return to the U.S. within 364 days of the last departure in order to retain status as a permanent resident. If the person has obtained a reentry permit (form I-327), the person must return to the United States within the validity of the reentry permit in order to retain status as a permanent resident. Reentry permits cannot be extended, and applications are only accepted in the U.S. by the U.S. Citizenship and Immigration Services. See www.uscis.gov for more information.

Having said that, staying few days every year and going back might be frowned by CBP about the intent to be an LPR.

She can apply for re-entry permit at first. Apply for 2-3 years and if she is lucky, she can get what was asked or something close to that. Before the re-entry permit expires she can come and possibly try one more time before she leaves. While it is pending she can go back and if it is granted, fine, if not, just come back in an year.

My mother did like this to take care of an aging parent and there was never a problem. She never applied for citizenship, since she abandoned her GC and took a 10 year multiple.

The main point is to show intend to return. As a GC holder she should file tax returns every year. If you have a house, add her name and maintain financial and other ties to the US.

[san diego 407]

Why would she lose LPR status? If they travel every year or have re-entry permit for 1+ years and show intend to return, like having a house in US, filing US tax return for both. Isn't that allowed in green card?

This is from the Mumbai ,India's consulate page.

I am a legal permanent resident of the U.S. but I wish to remain outside the U.S. for over one year. Is it possible to do so?

Under current regulations a legal permanent resident of the United States (i.e. a person holding a green card) must return to the U.S. within 364 days of the last departure in order to retain status as a permanent resident. If the person has obtained a reentry permit (form I-327), the person must return to the United States within the validity of the reentry permit in order to retain status as a permanent resident. Reentry permits cannot be extended, and applications are only accepted in the U.S. by the U.S. Citizenship and Immigration Services. See www.uscis.gov for more information.

Having said that, staying few days every year and going back might be frowned by CBP about the intent to be an LPR.

She can apply for re-entry permit at first. Apply for 2-3 years and if she is lucky, she can get what was asked or something close to that. Before the re-entry permit expires she can come and possibly try one more time before she leaves. While it is pending she can go back and if it is granted, fine, if not, just come back in an year.

My mother did like this to take care of an aging parent and there was never a problem. She never applied for citizenship, since she abandoned her GC and took a 10 year multiple.

The main point is to show intend to return. As a GC holder she should file tax returns every year. If you have a house, add her name and maintain financial and other ties to the US.

Thank you so much! This is a great help!

I would ask to talk to your prospective Employers Immigration Lawyer.

Good idea, thank you!

[NikLR 13,232]

It is still possible for the CBP to take away her green card when she tries to come back. Up to the officer honestly, and always will be until she is a USC.

[VanessaTony 3,567]

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

I am not an expatriate but maybe you'll still read this.

1. It can. It doesn't necessarily. As long as she maintains her residence in the US, then "visiting" overseas is fine. Google maintaining residence. usually keeping her drivers license current, filing tax returns etc.

2. Again it can. Depending on how long she is "visiting" overseas.

Here's the thing. You didn't mention when the job would start, or more importantly, how long until you moved .

It is presently July, almost August. There are roughly 6 months between now and April 2014. She is permitted trips outside the US up to 12 months, but any time over 6 months can be use to determine whether she has abandoned her LPR status (which is why I mentioned the "maintaining" stuff above). Also, time outside the US of 6 months at a time is deemed to have "broken her continuous residence" when filing for N-400. This includes visits.

Personally (if I had the funds and my job permitted it) I would take the job and before she had been outside the US for 6 months, return to the US. She can actually file her USC stuff from overseas, but she will need to return to the US for biometrics, and also for the interview and Oath (sometimes those are done same day, depending on your office). You also need to have had your US address in the same district for at least 90 days prior to filing N-400.

It's totally up to you, but given how sort a time there is until she is eligible for USC, and the freedom that permits, I would accept the job and give them provisos about returning to the US for immigration matters. If they really want you for the position, they should be pretty flexible. Also, if you look at my timeline it's a relatively quick process (depending on your local office of course) so I'm not sure I would give up such a great opportunity when it is perfectly POSSIBLE to get your wife USC and yourself the job at the same time.

[Teya 4]

I come from a country where people have to give up their citizendhips in order to get a US citizenship. Some of them don't do it and stay LPRs. I know more than one person living in Europe and travelling to the US every year just to maintain the LPR status. So your wife could do the same for now.

And here is a different idea: what if she files for the citizenship after you return. I know she can do it after 3 years but it does not mean she has to! This way you could ensure you are meeting all of the requirements before you do it and in the meantime she only needs to maintain her LPR status and you can enjoy your new job, gain new experience.

[san diego 407]

I am not an expatriate but maybe you'll still read this.

1. It can. It doesn't necessarily. As long as she maintains her residence in the US, then "visiting" overseas is fine. Google maintaining residence. usually keeping her drivers license current, filing tax returns etc.

2. Again it can. Depending on how long she is "visiting" overseas.

Here's the thing. You didn't mention when the job would start, or more importantly, how long until you moved .

It is presently July, almost August. There are roughly 6 months between now and April 2014. She is permitted trips outside the US up to 12 months, but any time over 6 months can be use to determine whether she has abandoned her LPR status (which is why I mentioned the "maintaining" stuff above). Also, time outside the US of 6 months at a time is deemed to have "broken her continuous residence" when filing for N-400. This includes visits.

Personally (if I had the funds and my job permitted it) I would take the job and before she had been outside the US for 6 months, return to the US. She can actually file her USC stuff from overseas, but she will need to return to the US for biometrics, and also for the interview and Oath (sometimes those are done same day, depending on your office). You also need to have had your US address in the same district for at least 90 days prior to filing N-400.

It's totally up to you, but given how sort a time there is until she is eligible for USC, and the freedom that permits, I would accept the job and give them provisos about returning to the US for immigration matters. If they really want you for the position, they should be pretty flexible. Also, if you look at my timeline it's a relatively quick process (depending on your local office of course) so I'm not sure I would give up such a great opportunity when it is perfectly POSSIBLE to get your wife USC and yourself the job at the same time.

VanessaTony, thank you so much! This is actually extremely helpful!! I will start calculating. When you say "US address 90 days" - if we move, let's say, early December, retain apartment here in US, and apply end of April, this is 4.5 months before application date. She can still apply, right? And fly for interview, right? Or am I missing something? I did read instructions but still unclear.. Thank you so much for all your help!

[san diego 407]

Dear Members, thank you very much for the pointers, especially VanessaTony and Teya! Now I will take those pointers and will go back to the immigration lawyer to straiten out all detailes on travel schedule. I really want to take the opportunity but I want her to get citizenship. It is so close! Just 9 more months..

[VanessaTony 3,567]

VanessaTony, thank you so much! This is actually extremely helpful!! I will start calculating. When you say "US address 90 days" - if we move, let's say, early December, retain apartment here in US, and apply end of April, this is 4.5 months before application date. She can still apply, right? And fly for interview, right? Or am I missing something? I did read instructions but still unclear.. Thank you so much for all your help!

If she goes overseas to visit with you while you are living there, but she maintains a residence in the US,as long as she's been at that address.. actually it's specific to "district" (visits outside the country don't count as not living there) for 90 days before filing, then she's good.

She will need to make sure she's in the country for biometrics, and also for interview and Oath. But there is nothing wrong with her holidaying with you at your overseas location while this is all pending. As long as she is maintaining her address in the US, and filing taxes, keeping a bank account etc, then she shouldn't have any problems.

In fact in the interview for N-400 I would tell them that she is anxious for an quick Oath ceremony so that she can join you overseas.

Also, living in "marital union" does NOT mean that she needs to be physically living with you. There are people who've filed their stuff (AOS etc) while living apart (for work etc) but they "maintain a marital union" by sharing bank accounts, filing taxes together... etc etc. I only mention this because you living overseas, and her having to "visit" you there, are not blockages to her naturalising.

[scienceworks 64]

Let me tell my experience too. Currently I am a USC. I got my green card in 2000. Left US right after getting green card and applying for re-entry. I had started college in India when I got the visa, so I decided to stay back. I got re-entry till april 2003 since it was the duration of college and I indicated that in the re-entry application. However my exams got delayed, so I came in Dec 2002 for 2 weeks, and left and came back in May 2003 and settled in US.I guess unless you do it for very very long time, I don't think its an issue. Again it's a risk. But show proofs of having US as ur place of stay and overseas as only a temporary place.

[himher 634]

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!

We did it for a year and a half including one stay out of country for 11 months. Finally turned in that dam green card so we didn't have to waste our leave in the US.

It was easy to get a second immigrant visa when we were ready to come back. I say take the $$ but get a 2 year travel document up front in case the job doesn't work out like you think it will which gives you some breathing room and not force you to waste what is a really great opportunity to travel outside the US instead of wasting vacation time keeping a green card up to date.

[LupineChemist 1]

You never know how long it takes for IR1. Let's say, I apply 1 year before the end of the contract.. what if it takes longer? or shorter? I will probably consult an immigration attorney and see what I can do. Just really depressing to miss the opportunity but her right to live here is a priority. Thank you again for all advices.

I would take the job and just file later. Get an AP and EAD within 90 days of arrival back in the US and all is well. Since you know when your contract will be over, you can probably even have her another GC ready to go upon reentry (and loss of another grand). Who knows, you both may really enjoy it and never come back.

Is the actual idea of citizenship the most important? Then I would say stay, but otherwise go for it. I understand LPR is significantly different than USC, but for all practical purposes of daily life it's basically the same thing as far as legal rights to live and earn a wage.

I'm sort of in a similar position and I'm personally just looking at emigrating permanently.

PS, don't forget about your US tax obligation overseas. A "very lucrative" pharma offer will almost certainly be over the deduction so you will owe a 5% marginal rate over whatever the deduction is in a certain year. It's somewhere near $100k at this point, so it can definitely trap a lot of people who do well but are certainly not wealthy. Penalties for non declarations of foreign bank accounts amount to half the value of the largest undeclared account per year. Basically, if you're not careful with the IRS they can legally bankrupt you if you live overseas.